theWrit J OURNAL OF THE L AW S OCIETY OF N ORTHERN I RELAND I SSUE 160 NOVEMBER / DECEMBER 2004 Inside this issue: Our New President Freedom of Information Act . page 5 New Developments in the Law on Bail . page 11 SDLT Update . page 13 Tribute to Billy Cumming . page 34 2 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Attracta Wilson Law Society President 2004/2005 When you listen to Attracta Wilson’s I instantly came into contact with past give you a steer if needed and their clearly enunciated accent you are aware LSNI Presidents being taught Magistrates advice was always worth listening to. that she hails from a more softly spoken Court by Comgall McNally and becoming I had an excellent apprenticeship with part of the island. Originally from an apprentice in the firm of McCartan Bernard Turkington whose advice I have Charlestown, County Mayo, she attended Turkington Breen.” sought and relied upon to good effect University College Galway, down through the years. graduating with a BA in 1978 I cannot speak highly enough and an LLB in 1980. She of Damien Breen who gave qualified as a solicitor in the me an excellent grounding in Republic of Ireland in 1982 conveyancing the Northern having served a period of Ireland way. Sadly he passed apprenticeship with Charles away at the beginning of this Kelly of Douglas Kelly & Son year. He was a great solicitor in Swinford, County Mayo. and a true gentleman.” “When I qualified I was lucky At the end of 1989 Attracta enough to be offered a job moved from private practice by Charles and I thoroughly to the public sector and enjoyed country practice the office now known during the following five as the Departmental years. I enjoyed the variety of Solicitor’s Office. work general practice offered and Douglas Kelly & Son was “Life in the public sector is a great office to work in.” very different to private practice. It gives you the During her time in Mayo opportunity to enjoy law Attracta became involved without the stresses and with the Mayo Solicitors’ Bar strains associated with private Association and became its practice. It offers a breadth of Secretary in 1986. She also interesting and challenging tutored at Blackhall Place, work and contrary to popular the Dublin equivalent of the opinion is in fact very busy.” Institute of Professional Legal Studies - an activity she Attracta worked for a continued for a number of Attracta Wilson, significant period of time in years following her move to Law Society President 2004/2005 Employment Law but now Northern Ireland in 1987. specialises in EU law. Recently she was appointed In 1987 Attracta married James, an During her time at McCartan Turkington a part-time Chair of Industrial Tribunals. Armoy man practising as a veterinary Breen, Attracta worked mainly on the surgeon in Lisburn. commercial side and found city practice 1991 and 1993 represented major very different from rural West of milestones in Attracta and James’ life “Those were the days before Ireland practice. when Charles and Sarah were born. reciprocal arrangements were in place and to qualify in Northern Ireland “It was nonetheless very enjoyable and “Children grow up very quickly and one I had to study for the Law challenging. The team at McCartan of the big advantages of a public sector Society exams and serve a period Turkington Breen were very busy and career are the family-friendly policies.” of apprenticeship. hard-working but always had time to 3 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Since 1997 Attracta has worked part- Complaints Committee and, more By way of example, Attracta refers to a time hours to coincide with the children’s recently, the Policy Co-ordinating series of discussions which are ongoing school hours. Committee. She has also chaired the with the Northern Ireland Court Service CPD Working Party, is a Member of the in connection with remuneration rates for “I appreciate that life in the private Council of Legal Education, a Member criminal legal aid. This type of issue is one sector does not which goes to the lend itself as very heart of the readily to family- General Practice friendly network operating arrangements. in Northern Ireland. Nonetheless, Many of the smaller the number of practices rely heavily women in the on legal aid and it is profession is essential that this hard increasing work continues. annually. This year, of the 95 A Review of Legal solicitor places at Services is imminent IPLS, 62 places and plans are have been taken ongoing for a by women and proposed the profession development of Law must adapt to Society House. allow these This is currently in women to such a state that continue making refurbishment is out their very of the question and significant and ongoing repairs are worthwhile representing a huge contribution to cost to the Society the law whilst and are wasteful of combining it with Society funds. With their role of these issues alone, carers, not only of Attracta recognises young children that the year ahead but often of will not be easy. James Wilson, Attracta, their daughter Sarah and one of the family dogs. elderly parents Attracta’s son Charles was unavailable for this photograph. and in-laws.” She is, however, determined to do Attracta joined the Law Society as a of the Board of SLS and a past her best, is committed to working hard co-optee in 1996 and during her time on Member of the Advocacy Working Party. and looks forward to working with the Council has served on the European and dedicated and talented team on Council, External Relations Committee (whose When asked what she wanted to with the Senior Vice-President, John Chair she became in 2000), the Human achieve during her year as President, Pinkerton, the Junior Vice-President, Rights Committee, the Education Attracta reflected on the serious Rory McShane and the professional Committee (which she chaired for a challenges facing the profession at and administrative staff at Law Society number of years), the General Purposes the moment and recognises that there House led by the Chief Executive and Finance Committee, the Client is a lot of hard work to be done. John Bailie. 4 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Practising The New Presidential Team Certificate Left to Right; Rory McShane (Junior Vice-President); Attracta Wilson, President Reminder and John Pinkerton (Senior Vice-President). By the time you read this, you should have received the Application Form (PCR1) to facilitate the renewal of your Practising Certificate. This year the renewal forms have been issued slightly earlier than usual. This should have two benefits. First it means that practitioners should have more advance notice to allow the form to be completed in the run-up to Christmas. Secondly it means that there should be no excuse for not returning the Form on time. The covering letter which accompanied the PCR1 emphasised the importance of correct completion and timely return of the form to the Society. You are reminded again that all forms must be returned not later than 5th January 2005. As regards correct completion, please bear in mind: [A] the responsibility for proper completion and return of the form lies with the individual applicant solicitor (i.e. not the firm or employer); [B] the application must bear the personal signature of the applicant, and be both signed and dated; [C] the application must be accompanied by the correct remittance. By way of reminder, the Practising Certificate Fee for 2005/2006 is £780.00. The prescribed Compensation Fund contribution applicable to the applicant is also calculated and shown on the PCR1. For 2005/2006 the relevant full-contribution is £950.00 (payable by solicitors with more than six Practising Certificates since THE MAYO CONNECTION admission); the half-contribution is £475.00 “ ” (payable by solicitors receiving their fourth, fifth or sixth Practising Certificate), and a Nil contribution is levied in accordance with the relevant statutory The Writ has learned that some fine tuning is taking place as regards provisions on solicitors receiving their first, second a price package for next year’s Conference which will be held on 25th or third Practising Certificate following admission. and 26th March 2005. According to an insider the event promises to [D] For solicitors in private practice the Practising be ‘awesome’! Certificate Application Form must be accompanied by the correct and original Professional Indemnity The new President’s team are putting the final touches to booking forms Insurance Certificate. It is common for the Form to which will shortly appear with this magazine. arrive with the Society with no Insurance Certificate, with a photocopy of an Insurance Certificate, or with the wrong Insurance Certificate. In respect STOP PRESS!! of each solicitor a Schedule will have been provided Due to unprecedented interest shown at the recent Law Society by the Society broker (MARSH) which clearly Dinner the President’s Conference team has pulled out all the stops identifies itself in these terms: “(NB: This schedule should be forwarded to the Law Society as evidence and brochures for Ashford Castle 2005 have been released with of insurance)”. this issue. The Society is appreciative of your co-operation As the price package is so competitive, members are urged to send and attention in all these respects. J.W. BAILIE in completed booking forms right away to avoid disappointment. Registrar 5 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 The Right to Know - Make it your business The Freedom of Information Act 2000 Marie Anderson, Assistant Information operation of some 23 exemptions.