Oireachtas Joint and Select Committees

Wednesday, 15 January 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

12:40 pm

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

I move amendment No. 96:


In page 45, after line 48, but in Part 4, to insert the following new section:50.—(1) The Authority shall establish a committee to consider reviews requested by complainants or legal practitioners in relation to determinations of the Authority under section 49.
(2) The committee shall be composed of 3 persons, 2 of whom shall be lay persons and one of whom shall be a legal practitioner.
(3) The member of the review committee who is a legal practitioner shall—
(a) in a case where the complaint relates to a solicitor, be a solicitor, and
(b) in a case where the complaint relates to a barrister, be a barrister.
(4) A person shall be eligible to serve as a member of a review committee established under this section if he or she is eligible to serve as a member of the Complaints Committee established under Part 5.
(5) The review committee shall consider reviews requested and, having given both the client and the legal practitioner an opportunity to make a statement in writing to it as to why the decision of the Authority was incorrect or unjust, determine the review by—
(a) confirming the decision of the Authority,
(b) finding that the complaint is not well founded, or
(c) issuing one or more than one of the directions to the legal practitioner which the Authority is authorised to issue under section 49(6).
(6) Any payment made by a legal practitioner pursuant to a direction referred to in subsection (5)shall be without prejudice to any legal right of the client.".

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