Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

This is not an issue about independence. Section 29(4) reads: "As soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas". Section 29(5) reads: "Following compliance with subsection (4), the Authority shall arrange for the publication of the report in such form and manner as it considers appropriate and for it to be sent to the Law Society,...". This, therefore, is not about the Minister interfering in anything. What the section is doing is ensuring important information which may impact on public policies is made available. Effectively, it provides for an annual report on the admission policies of legal professions to be prepared by the authority and submitted to the Minister who has no role in interfering with the report. The Minister's only role is to, in a formal way, place it before both Houses. It is the mechanism for placing a report before both Houses to enable Members of the Dáil and the Seanad to access it. I cannot agree, therefore, to the deletion of the section as proposed.
It is important in the regulation of legal services in the State that the authority know exactly the numbers of solicitors and barristers admitted to practice each year. It is also important for it to assess the demand for the services of practising barristers and solicitors and the need to ensure an adequate standard of education for persons admitted to practice and to ensure the numbers of persons admitted to practise as solicitors and barristers in that year are consistent with the public interest in ensuring the availability of such services at a reasonable cost. It is reasonable that a report of this nature be furnished to the Minister. I see no reason it should not be furnished and it is reasonable that it be placed before both Houses in order that all Members, not just members of the Joint Committee on Justice, Defence and Equality, can access it. I do not see anything offensive in the section. It is a practical provision which will ensure certain information is collated annually and made available such that the Minister who is ultimately responsible for legislation relating to the legal profession may, at some stage, in the future wish to amend the legislation - my successor may wish to amend it or if I am around long enough, I may want to do so - if some provisions are not working. The section is purely to ensure important information is made available to the Minister and Members of the Oireachtas. Frankly, I do not see a problem with it.