Dáil debates

Thursday, 23 February 2012

Legal Services Regulation Bill 2011: Second Stage (Resumed)

 

12:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)

I am glad to hear this and I thank the Minister for clarifying it. It is central to many issues about which people are concerned.

The Minister will have an officer at the meetings. There is no doubt the new system concentrates much control and power in the Minister. I acknowledge what he stated about the Government appointment of judges not undermining their independence. He also stresses that the Bill clearly prescribes that the regulatory body must act as an independent authority. However, here we have had much experience of Government appointees to various bodies and the way this has been abused. We have had people with multiple appointments with the accompanying multiple allowances and expenses. I fear - I hope I am completely wrong - that this could be a lucrative number for Government appointees. I do not want to take from some of the very excellent appointments that have been made, for example former Senator Martin Mansergh with regard to the Justice for Magdalenes case.

The Minister stated the Bar Council and the Law Society have been rather silent on the benefits and opportunities which the Bill would extend to their members and instead have spent their time persuading barristers and solicitors to oppose it to maintain this privilege of self-regulation. In his speech the Minister stated he has been contacted by others who have many positive things to say about the Bill.

I am very much in favour of oversight of solicitors and barristers. I am in favour of an independent complaints system, but it should be independent of the profession and the Government of the day; it should be truly independent regulation. Above all there should be a properly regulated scheme of fees that is fair and transparent. There should also be transparency in how fees are agreed. There are positive aspects to the legal costs regime. These include the new office of the legal costs adjudicator, the way increases in costs will be relayed to the client, time given to the client to consider this, the way the bill of costs is provided, the explanation to the client of the procedures and the provision for a written agreement between the client and the legal practitioner on the amount and the manner of payment. The Law Society and the Bar fear they are losing power but that might not be a bad thing.

There is a further aspect in need of reform, namely, the inordinate delay in cases coming to court, with cases stretching on for years. Again, there is a perception of time wasting. So much time can be spent in court yet parties can then come to a agreement which might have been avoided in the first place.

Deputy Ó Ríordáin mentioned the pin-stripes and the track suits. He worked in the area I represent so I am very much aware of that. Some young people seem to know the law inside out in ways they should not. One would prefer to see them using that knowledge into a more positive way.

There remain questions on the independent aspect and I hope they will be addressed. There are positive points in the Bill and there is no doubt our legal profession must come into the 21st century.

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