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

I move amendment No. 118:

In page 51, before section 52, to insert the following new section:57.—(1) A Divisional Committee shall consider and investigate complaints made under this Part referred to it by the Authority.
(2) When referring a complaint to a Divisional Committee the Authority shall prepare a summary of the complaint which document shall be furnished to the Divisional Committee with the complaint.
(3) Unless the legal practitioner to whom the complaint relates has already been furnished with a copy of the complaint, the Divisional Committee shall furnish a copy of the complaint to the legal practitioner concerned, requesting the legal practitioner to furnish his or her response to the complaint within such reasonable period as is specified by the Divisional Committee.
(4) Where the Divisional Committee receives an explanation from the legal practitioner concerned which indicates that the act or omission did not constitute misconduct it shall furnish a copy of the explanation to the complainant inviting him or her to furnish observations to the Divisional Committee in relation to the explanation of the legal practitioner within such a period as may be specified by the Divisional Committee.
(5) Where—

(a) the response of the legal practitioner does not satisfy the Divisional Committee that the act or omission did not constitute misconduct, or
(b) the legal practitioner does not furnish a response within the period specified in the notice,

the Divisional Committee shall, subject to the provisions of this Chapter, take such steps as it considers appropriate to investigate the complaint.
(6) For the purposes of investigating a complaint in accordance with subsection (1) the Divisional Committee—

(a) shall have due regard to information furnished to it by the Authority,
(b) may, by notice in writing to the complainant, do one or more of the following:

(i) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;
(ii) request the complainant to supply to the Committee, within a reasonable period specified in the notice—

(I) such information relating to the complaint as is specified in the notice, or
(II) such documents relating to the complaint as it may require,

(iii) require that information requested under subparagraph (ii) be verified by affidavit or otherwise,

and
(c) may by notice in writing to the legal practitioner the subject of the complaint require him or her to supply the Committee, within a reasonable period specified in the notice, with—

(i) such information relating to the complaint as is specified in the notice, or
(ii) such documents relating to the complaint as it may require.

(7) The complainant concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(b).
(8) The legal practitioner concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(c).
(9) The Divisional Committee may, having had due regard to—

(a) information furnished to it by the Authority,
(b) any information or documents provided to it by the complainant or the legal practitioner concerned under this section,
(c) any explanation furnished to the Divisional Committee by the legal practitioner concerned pursuant to this section, and
(d) any observations furnished by the complainant under subsection (3), require the complainant and the legal practitioner to appear before the committee for the purposes of the investigation of the complaint.

(10) The complainant and the legal practitioner may be represented by a person of their choice for the purposes of their appearance before the Divisional Committee and the costs of such representation, if any, shall be borne by the person who requested such representation.
(11) Where a complaint is withdrawn when it is being investigated by the Divisional Committee, the committee may—

(a) decide that no further action be taken in relation to the matter the subject of the complaint, or
(b) proceed as if the complaint had not been withdrawn.

(12) Where the Divisional Committee determines that the act or omission does not constitute misconduct it shall so advise the complainant and the legal practitioner in writing, giving reasons for the determination.
(13) The Divisional Committee shall make reasonable efforts to ensure that—

(a) the complainant is kept informed of all decisions made by the committee in relation to the complaint concerned,
(b) the committee acts expeditiously, and
(c) complaints are processed in a timely manner.”.