Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 59a:

In page 23, before section 18, to insert the following new section:
“18.—(1) The Authority shall, after consultation with the professional bodies—

(a) develop policies, and
(b) prepare and publish codes of practice, for the purpose of establishing and maintaining standards for the provision of legal services in the State.

(2) The Law Society shall—

(a) develop policies, and
(b) prepare and publish professional codes of practice in relation to the provision of legal services by practising solicitors in the State.

(3) The Bar Council shall—

(a) develop policies, and
(b) prepare and publish professional codes of practice in relation to the provision of legal services by practising barristers in the State.

(4) Before publishing a code of practice under this section the Authority may/shall publish, in such manner as it considers appropriate, a draft of the code of practice and shall allow persons 60 days from the date of that publication within which to make representations in writing to the Authority in relation to the draft code or such further period, not exceeding 30 days, as the Authority thinks fit.
(5) Before publishing a professional code of practice under this section the Law Society or, as appropriate, the Bar Council may/shall publish, in such manner as it considers appropriate, a draft of the relevant professional code of practice and shall allow 60 days from the date of that publication within which to make representations in writing to the Law Society or as appropriate, Bar Council in relation to the draft code or such further period, not exceeding 30 days, as the Law Society or, as appropriate, Bar Council thinks fit.
(6) Where the Authority publishes a code of practice under this section the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—

(a) identifying or specifying the code,
(b) specifying the legal services in respect of which the code is so published, and
(c) specifying the date from which the code of practice shall have effect.

(7) The Authority may amend or revoke a code of practice under this section.
(8) Subsections (4)and (6)shall, with all necessary modifications, apply to any amendments to a code of practice that the Authority proposes to make under subsection (7).
(9) Where a professional code is published under this section the Law Society or, as appropriate, Bar Council shall inform the Authority of any amendments made to that code.
(10) The Authority, the Law Society and the Bar Council shall make available for inspection free of charge to members of the public at their principal office during normal working hours a copy of any code of practice or professional code published by them under this section.".

The concern about section 18 relates to the codes of practice section in that the Minister had himself very much upfront and at the centre. At a conference in 2012 he stated it was his intention that professional bodies would continue to set their rules, regulations and practices and codes of conduct for their members. We considered that section 18 ran counter to his stated intention. We have framed the amendment in consultation with the Bar Council and the Law Society.