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| New Era of Civil Partnership | Mediation and Conciliation | What is a Notary Public? |
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NEW ERA OF CIVIL PARTNERSHIP |
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The President recently signed the Civil Partnership Bill into law. This means for the first time in Ireland, legal recognition for same sex couples has been provided.
Same sex couples can now enjoy some rights akin to a married couple in the areas of social welfare, succession, maintenance, pensions, tax and property. However it is not only same sex couples that will enjoy new rights and protections under the Act. Previously in Irish law, there was no protection afforded to the rights of cohabiting heterosexual couples. Under the Act, cohabiting couples will also enjoy these marriage type rights and protections. |
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The Act has been promoted by the government as being a significantly important piece of legislation, however some critics have argued that it does not go far enough, as it does not allow for same sex marriage, nor does it deal with the issue of parental rights in relation to children of same sex couples.
In order for the provisions of the Act to be effective, changes will need to be made to the tax and social welfare codes, and these changes will be made in the next finance and social welfare bills. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 will be commenced once these changes have been implemented. |
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MEDIATION AND CONCILIATION |
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The Rules of the Superior Court which came into operation on the 16November 2010 contain specific Rules in relation to Mediation and Conciliation. Under these Rules the High Court may adjourn proceedings on the application of either party and suggest that the parties use Alternative Dispute Resolution (ADR) to find a resolution to the issue.
ADR includes Mediation and Conciliation but not Arbitration. The incentive for parties to agree to participate in the ADR process is that the Rules provide that a Judge in awarding costs may, where he considers it just, have regard to the refusal or failure without good reason of any party to participate in the ADR process. Clearly, it is not in the interest of a party to refuse to participate as otherwise he may face the costs of the action being awarded against him. A party might agree to participate in the ADR process simply because he does not want costs to be awarded against him but does not intend to seriously participate.
This is not a sensible course of action as if he adopts an unrealistic and intransigent position in the course of
Mediation which amounts to his not being willing to mediate in the first place the Court may take the same view regarding the issue of costs. |
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| WHAT IS A NOTARY PUBLIC? |
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Originally known as a Public Notary, the present day office of a Notary Public is the oldest surviving branch of the legal profession. The profession of Notary traces its origins to Egyptian civilisation and the Tabelliones a group of professionals who transacted legal business. The Emperor of Rome and the Pope appointed Notaries and thus the Office of Notary had certain status attaching to it. There is no specific Statute setting out the law on Notaries but a Notary is described as a duly appointed Officer whose Public Office is among other matters to draw, attest or certify, usually under his Official Seal:
• Deeds and other Documents including conveyances of real and personal property
• Powers of Attorney relating to real and personal property in Ireland or in foreign countries
• Note or certify transactions relating to negotiable instruments
• Prepare Wills or other Testamentary documents
• Draw up Protests or other formal papers relating to a currency on the voyage of ships and their navigation as well as the carriage of cargo on ships.
The Office of Notary Public is an independent branch of the legal profession in Ireland with significant legal functions particularly with the influx of immigrants to Ireland in recent years. There is no specified course of education in Ireland in contrast to the U.K. where a Barrister or Solicitor or other legally qualified person must be admitted to and pass a two year part-time Post Graduate Diploma in Notarial Law and Practice at the University of Cambridge, the only University which provides the particular course. In Ireland a person must pass the Faculty Examination set by the Faculty of Notaries Public in Ireland.
The exam is held in May of each year and an Applicant must be a practising Solicitor or Barrister with no less than five years post-qualification experience in general practice. The syllabus is set out in the Examination Regulations of the Faculty of Notaries Public. Prior to the 25 January 2006 a Notary who had passed the examination had to show an immediate need for his or her appointment but since the 25 January 2006 a Notary who has passed the examination applies by way of Petition to the Chief Justice for recognition of his or her appointment. |
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| These are intended as a general guide to the subject matter, it should not be used as a basis for decisions. For this purpose advice should be obtained which takes into account all the client's circumstances. Every effort has been made to ensure the accuracy of the information. In view of its purpose the reader will appreciate that we are unable to accept liability for any errors or omissions which may arise. |
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