Dáil debates

Thursday, 23 February 2012

Legal Services Regulation Bill 2011: Second Stage (Resumed)

 

1:00 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)

I welcome the opportunity to speak on this Bill. I compliment the Minister on his attendance throughout this debate, if one can call it a debate. It must be pointed out that for almost two hours no Member from Sinn Féin or Fianna Fáil has been present and no Member from the Technical Group has been present for the past hour and a half. This is unprecedented. Yesterday, when I spoke on the motor taxation Bill the sitting had to be suspended for an hour and a half because no Member of the Opposition was present. I am a new Deputy and I was told that in the last Dáil the Fine Gael Party made it its business to be a responsible opposition party. Its Members were always present in the House for debates. All debates are important but this is crucial legislation.

Yesterday was a bad day for the Opposition with the announcement of 1,000 jobs for the north east. There has also been significant progress on the programme for Government over the past 11 months. However, it is remarkable to see the Opposition throwing in the towel before the first anniversary of the formation of the new Government. Outside the House, Members of the Opposition are more than capable of endeavouring to curry favour with various groups, the legal profession in this instance, making commitments and pledges, trying to suggest they would act differently and saying they are making their voices heard in the House. The reality is that there is no such attempt. As they did when they were in government, they are misleading the people. Fianna Fáil, in particular, is showing itself to be a party that is only interested in its own self-interest. When it comes to matters of legislation, its members have no interest in trying to assist debate. It is unprecedented.

However, that significantly reduces the possibility of me being heckled in the course of my contribution. I will endeavour to enjoy that experience. One of the most significant events in the past couple of hundred years of our history has probably been the loss of our economic sovereignty. That happened more than a year ago with the introduction of the EU-IMF programme, which we are working through. It is important to acknowledge that large elements of that programme were, and should have been, included in any new Government's programme to change our country for the better.

The Bill is long overdue and most welcome. Like others, I have received many representations from members of the legal profession. Many of them are friends and, for the most part, their arguments have been extremely measured. One must acknowledge that representative bodies - in this case the Law Society of Ireland and the Bar Council of Ireland - have an obligation to make arguments that best serve their members. Governments and Ministers for Justice have an entirely different mandate, which is to represent all of the people and work for the common good. In that regard, the objectives of the Bill clearly work towards looking after citizens. Many of the fears expressed by members of the legal profession will prove to be exaggerated as the benefits of the Bill work through.

The programme for the restoration of economic sovereignty is made up of many small parts coming together. No one could suggest, given the economic position we are in, that the Legal Services Regulation Bill in itself will make a great difference in restoring our economic sovereignty, but the cumulative effect of many measures will allow the economy to recover.

There are many areas in which costs affect competitiveness, but legal costs are among the more vague. People involved in business cannot determine how they will accumulate. There is no doubt that when people are seeking to establish a business, or to maintain a business and give employment, any barrier must be removed or amended and the process made as straightforward as possible. In the past 12 months we have seen a significant improvement in our competitiveness across a broad range of areas. I hope the Bill will allow a far greater degree of transparency in pricing.

Members of the legal profession deal with people at their most vulnerable. Medical professionals deal with people who are ill, but clients of that profession are, largely, covered by the health care system or private insurance and the issue of cost does not, generally, stray across the more serious medical procedures. This may not be true to the same extent for dentistry or general practice. In my constituency office I frequently meet people who are going through difficulties and their most frequently asked question about engagement with the legal profession is how much the process will cost. I know the National Consumer Agency has strongly advocated pricing display for the legal profession. The exact determination of a legal process can be difficult, given that the outcomes vary so greatly, but more progress should be made on the issue of legal costs to the client. To get an up-front quote for legal work by a junior or senior counsel is extremely difficult. There is often a polite suggestion the quote will be forthcoming and that costs will be determined, but I have never seen anything approaching a price list. Consumers, particularly more vulnerable persons who may feel intimidated in other ways by the high degree of technical knowledge and skill required by lawyers, need this process to be more straightforward.

On his recent very successful visit to the United States the Taoiseach remarked that the factor that most influenced a country's rating by rating agencies was stability of government and the degree to which government was willing to tackle areas that caused difficulty. In this regard, the Bill is welcome. Three of the four previous speakers, in commending the Minister, used the expression, "grasping the nettle". The Minister may have felt the sensation of a sting from members of his own profession, but he is to be commended for allowing this reform in one of the many areas in which reform is long overdue. He is to be commended, particularly in the light of some concerns expressed by his own profession. He has dealt with the matter urgently and transparently. I commend the Bill to the House.

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