Progress
In this context, the Law Society has made progress in four key areas:
- Partial restoration of Property Registration Authority (PRA) services,
- Measures to introduce remote hearings to Irish courts,
- Re-opening of the Stamp Office, and
- Ongoing engagement regarding the Temporary Wage Subsidy Scheme.
“As your president, I have endeavoured to navigate the inevitable challenges and impediments to practice over the last few weeks, with unstinting input and co-operation from Law Society committees and staff,” President O’Boyle said.
“My resolve to discharge my responsibility to the profession remains steadfast.”
Essential services
Clearly, every practice will differ as to if, how, and in what circumstances essential legal services are delivered, the president said, given the diversity of law firms.
The profession’s engagement with Government has been driven by the principle that compliance with essential public-health measures must be sustainable for an extended period, if necessary.
“In other words, we must find creative ways to continue providing essential services and protect livelihoods, even as we take unprecedented steps to combat the virus,” President O’Boyle said.
Progress on the PRA
The suspension of most PRA services has created significant complications for conveyancing.
The Law Society has actively lobbied on the matter and has now received confirmation from PRA boss Liz Pope, and housing minister Eoghan Murphy that some services will resume.
It has also been confirmed by the PRA that:
- From 14 April, they are recording casework received up to 30 March on their system,
- From 20 April, the PRA will be in a position to take in applications for Land Registry and the Registry of Deeds by post and DX (not by hand, as the public offices remain closed).
- Dealing numbers will be assigned in the normal way, and the usual 21-day period applies in respect of lodgments under that dealing number,
- Services required to facilitate activities necessary to support essential services and vulnerable people will be considered for urgent processing, on a case-by-case basis,
Deeds
Registry-of-Deeds registration applications will be assigned a serial number as received and progressed in the normal way,
The official search and copy memorial service remains suspended for the moment,
A copy instrument service will be provided from 20 April for urgent closings,
At this stage, for operational reasons regarding bulk printing and volume, it is not possible to re-commence a certified copy/folio and filed plan service.
The Law Society is seeking clarification from the PRA on a number of matters, and a further update will issue shortly. It welcomes this significant progress, however, and will continue to work constructively with the PRA to overcome any remaining impediments to business.
Remote hearings
Practitioners have been intensely interested in technological solutions to prevent an overwhelming backlog of cases from building up.
While mindful that remote hearings may not be suitable for all cases, the Law Society has engaged supportively with the Courts Service as it seeks to introduce this solution in a phased and thought-through fashion.
Moot Court of Appeal
Several members of the Society's Criminal Law Committee have tested the technology through moot Court of Appeal trials.
The first remotely-conducted cases in Ireland could be heard as early as next week.
The Employment and Equality Law Committee believes that many outstanding cases before the Workplace Relations Commission and the Labour Court can and should be heard using remote technology.
Correspondence on this matter is underway with both Ms Jacqueline Kelly (Registrar to the Labour Court) and Mr David Small (Director of Adjudication Services at the Workplace Relations Commission).
View the letter to Ms Jacqueline Kelly
View the letter to Mr David Small
Re-location/re-opening of Stamp Office
Following representations from the Law Society, the Courts Service has temporarily re-located the Stamp Office to the Ground Floor of Áras Uí Dhálaigh, Four Courts, Inns Quay, Dublin 7.
The Stamp Office is now open from 10am-2pm daily, since Wednesday 15 April.
This office will operate a strictly cheque-only policy – cash will not be accepted under any circumstances.
The newly re-located Stamp Office allows the Courts Service to be fully compliant with social distancing.
The service has asked solicitors to observe social distancing when attending this office, in the interest of customer and staff safety.
Temporary Wage Subsidy Scheme
The Law Society has learned that some firms – who filed their February PAYE/PRSI return shortly after the deadline – have been deemed ineligible for inclusion in the Temporary Wage Subsidy Scheme.
This was highlighted in letters sent today to the Minister for Finance Paschal Donohoe and the Minister for Business, Enterprise and Innovation Heather Humphreys
View the Letter to Mr Paschal Donohoe TD
View the Letter to Ms Heather Humphreys TD
The Government continues to amend and adapt the Temporary Wage Subsidy Scheme as it beds in.
An extension and changes to the rates payable under the scheme were also announced this week on the Gov.ie website.
Law Society President Michele O’Boyle remains contactable by email at president@lawsociety.ie.