Oireachtas Joint and Select Committees

Wednesday, 15 January 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

1:30 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I move amendment No. 121:


In page 51, before section 52, but in Chapter 2, to insert the following new section:“52.—(1) When investigating a complaint, the Authority may, of its own initiative or at the request of the complainant or the professional body concerned, refer for the determination of the High Court any question of law arising in relation to the investigation of the complainant.
(2) The High Court may hear and determine any question of law referred to it under this section.
(3) If a question of law has been referred to the High Court under this section, the Authority shall not—
(a) make a finding to which the question of law is relevant while the reference is pending, or
(b) proceed in a manner, or make a decision, that is inconsistent with the determination of the High Court on that question of law.
(4) There shall stand established a body to be known as the Legal Practitioners Disciplinary Tribunal to consider applications brought before it by the Authority under section 54as to whether a specified act or omission by a legal practitioner constitutes misconduct and to perform the other functions assigned to it by this Act.”.

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