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

I move amendment No. 117:

In page 51, before section 52, to insert the following new section:

“CHAPTER 2
Consideration of complaints by Complaints Committee

56.—(1) The Authority shall establish a committee, to be known as the Complaints Committee, for the purpose of considering and investigating complaints referred to it by the Authority under this Act.
(2) The term of office of the Complaints Committee shall be determined by the Authority.
(3) The Complaints Committee shall be appointed by the Authority and shall consist of not more than 27 members of whom—

(a) the majority shall be lay persons,
(b) not less than 8 shall be persons nominated by the Law Society, each of whom has practised as a solicitor for more than 10 years, and
(c) not less than 4 shall be persons nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years.

(4) In appointing lay persons to be members of the Complaints Committee the Authority shall ensure that those members are persons who—

(a) are independent of professional bodies as respects legal practitioners, and
(b) have expertise in or knowledge of—

(i) the provision of legal services,
(ii) the maintenance of standards in a profession (including those regulated by a statutory body),
(iii) the investigation and consideration of complaints relating to services, or
(iv) the interests of consumers of legal services.

(5) The Complaints Committee shall act in divisions of not less than 3 members and not more than 5 members (in this Act referred to as a “Divisional Committee”).
(6) A Divisional Committee shall consist of an uneven number of members.
(7) Each Divisional Committee shall have a majority of lay members.
(8) The chairperson of each Divisional Committee shall be one of the lay members of that Divisional Committee.
(9) The chief executive shall make arrangements for the provision of such administrative and secretarial support to each Divisional Committee as he or she considers necessary.
(10) Subject to subsections (6) and (7), where a complaint relates to a solicitor—

(a) in a case where the Divisional Committee is comprised of 3 members, one of the members of the Divisional Committee shall be a solicitor,
(b) in a case where the Divisional Committee is comprised of 5 members, 2 of the members of the Divisional Committee shall be a solicitor.

(11) Subject to subsections (6) and (7), where a complaint relates to a barrister—

(a) in a case where the Divisional Committee is comprised of 3 members, one of the members of the Divisional Committee shall be a barrister,
(b) in a case where the Divisional Committee is comprised of 5 members, 2 of the members of the Divisional Committee shall be a barrister.”.