Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 26:

In page 15, before section 9, to insert the following new section:14.—(1) Arising out of a review carried out under section 10, the Authority may make such written recommendations to the professional body concerned as the Authority considers appropriate regarding—

(a) the rules, or codes of conduct of the Bar Council and the Law Society,
(b) the procedures of the professional body concerned relating to the receipt and investigation and resolution of complaints,
(c) procedures to deal effectively with persistent patterns of complaints,
(d) procedures to deal effectively with any delays by the professional body concerned in investigating and determining complaints,
(e) procedures to ensure the co-operation of barristers or solicitors, as the case may be, with the procedures of the professional body concerned,
(f) removing unnecessary barriers to switching between the branches of solicitor and barrister,
(g) the removal of the prohibition on direct access to barristers for legal advice,
(h) the regulation on barristers and solicitors ability to advertise,
(i) the removal of restrictions on switching barrister or solicitor in a case,
(j) the removal of the prohibition on a solicitor retaining a client’s file pending payment from the client,
(k) the exercise of part-time occupations by barristers that are not inconsistent with the rules or codes of conduct,
(l) the removal of the prohibition on a barrister being led in court by a Senior Counsel who is not a barrister, and
(m) any proposed rules or codes of conduct being considered for adoption by the Bar Council and the Law Society.

(2) Not later than 30 days after receiving a recommendation made under subsection (1), the Bar Council or the Law Society concerned shall—

(a) inform the Authority of the action it proposes to take to implement that recommendation, or
(b) if it objects to the recommendation, inform the Authority of the reasons for such objection and any other observations it may have on the recommendation.

(3) The Authority, after having received a response under subsection (3)(b) may, within 45 days, issue an amended or new recommendation to the Bar Council or the Law Society, as the case may be.”.