Oireachtas Joint and Select Committees

Wednesday, 15 January 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

2:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

The Minister appreciates the issues involved here and has received representations from the various bodies on them, particularly the Law Society and the Bar Council. Both representative organisations want to ensure the levy is as fair as possible, based on the level of complaints against the legal practitioners they represent. I am disappointed at the register of solicitors. It is valid to point out that a register of solicitors would be much larger than any register of "practising" solicitors. The register should reflect those who are practising. I note that the Minister has indicated that he may address that issue on Report Stage. In my view, it is extremely important to address that issue. In fairness to the Law Society and the Bar Council, they are paying and have no problem with that. They have never indicated in their representations that they had a problem with paying and accept that they should pay for this new authority. However, they want the burden to be distributed fairly.

I ask that the Minister adds this to the agenda for his meeting with the Law Society to deal with their concerns around "practising" solicitors. The Bar Council has similar concerns. It is frustrating because we tried to table amendments that were ruled out of order because of a potential charge to the Exchequer. This issue does not involve any potential charge to the Exchequer. We are trying to engage with amendments to stimulate a discussion on these issues but our amendments are not being permitted. That is fair enough and we must accept Standing Orders as they are. It is reasonable that the bodies who are paying for this authority and are making it happen would be consulted on the question of making it as fair as possible. That is the purpose of the amendments that were ruled out of order and those that are still on the list.

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