Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 25:

In page 15, before section 9, to insert the following new section:13.—(1) The Authority shall keep under review the rules or codes of conduct of the Bar Council and of the Law Society in general and, in particular, in relation to the receipt and investigation of complaints in relation to barristers and solicitors.
(2) The Law Society and the Bar Council shall provide the Authority with information about intended new or amended rules or codes of conduct by the respective bodies at least 60 days before the intended adoption of such Rules and the Authority shall review such proposed rules under this section.
(3) In carrying out a review under this section, the Authority shall consider, in accordance with its functions under this Part—

(a) the rules or codes of conduct of the Bar Council and of the Law Society or the proposed rules or codes of conduct of the Bar Council and of the Law Society, as may be the case,
(b) the compliance of barristers and solicitors with the relevant rules or codes,
(c) such complaints made to the relevant professional body regarding breaches of those rules or codes as it considers appropriate,
(d) the effectiveness of the complaints procedures of the professions, including the length of time taken to complete investigations and make determinations,
(e) complaints relating to such matters as the Authority considers appropriate,
(f) statistical information provided by the professional body concerned including statistical information relating to multiple complaints in relation to the same barristers or solicitors, as the case may be,
(g) the removal of any unnecessary barriers to switching between the two branches of the legal profession, solicitors and barristers,
(h) the removal of the prohibition on direct access to barristers for legal advice,
(i) any restrictions on switching barrister or solicitor in a case,
(j) the exercise of part-time occupations by barristers that are not inconsistent with the rule or code of conduct, and
(k) any regulation of the right or entitlement of barristers and solicitors to advertise.

(4) The Bar Council and the Law Society must, upon request, provide the Authority with such information as it may reasonably require in order for it to carry out a review of the rules or codes of conduct or proposed rules or codes of conduct in question.
(5) For the purpose of a review under this section, the Authority shall consult with such persons or bodies, including those whose purpose or objective is to protect the rights and interests of consumers, as it considers appropriate.”.