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

I move amendment No. 94:

In page 45, after line 48, but in Part 4, to insert the following new section:48.—(1) Where the Authority receives a complaint under this Part it shall conduct a preliminary review of the complaint to determine—

(a) whether or not the complaint is admissible, and
(b) whether or not the complaint is an appropriate complaint to be dealt with under this Part or whether the act or omission concerned should be considered under Part 5, having regard to the extent that the standard of the legal services provided to the client fell short of the standard reasonably expected of a legal practitioner in the provision of those services.

(2) Where the Authority, having carried out the preliminary review referred to in subsection (1), considers that the complaint appears to be admissible and that it is appropriate to be dealt with under this Part it shall notify the legal practitioner concerned setting out an outline of the complaint and requesting the legal practitioner to respond to the Authority within such reasonable period as is specified in the notification.
(3) Where the Authority receives a response to the notification given under subsection (2)it shall consider the response and having considered the response shall—

(a) admit the complaint and enter into further consideration of the complaint in accordance with this Part,
(b) determine that the complaint appears to be unfounded, or
(c) request further information regarding the matter from the complainant or the legal practitioner,

and where the Authority admits the complaint under paragraph (a)or determines pursuant to paragraph (b)that the complaint is unfounded, it shall notify the complainant and the legal practitioner.
(4) Where, having carried out the preliminary review referred to in subsection (1)and having considered any responses received under subsection (3)the Authority is of the opinion that the complaint if it were substantiated could constitute misconduct and should be dealt with under Part 5it shall proceed to deal with the matter as if the complaint had been made under Part 5and notify the complainant to that effect.".