Michael McNamara (Clare, Labour) | Oireachtas source

I am proposing an additional amendment. For an amendment to be discussed on Report Stage it must be notified on Committee Stage and this is the most appropriate time to do it. I am not certain that I want to do it but I seek clarification.

The Minister outlined the development of the legal professions in Ireland and the pace of change since 1870. It is probably not accurate to say there has been no change since 1870, although any changes that have occurred have been glacial in their speed, but one of the few changes that occurred was an insertion in the code of conduct for barristers to the effect that no professional code shall operate to prevent a practising barrister from sharing any facility, premises or costs of practice, including capital or operating costs. That is to facilitate quasi chambers or at least barristers grouping together and sharing resources as it is more economical and, therefore, it would be hoped the economies of scale can be passed on to consumers. It is to the broad benefit of everybody concerned but this Bill envisages that barristers will remain in the Law Library, which would probably be the great majority, but equally there will be employed barristers - that is clearly provided for - and barristers in the service of the State.

I am not entirely clear, and clarification would be welcome, as to whether the Minister envisages that if this Bill is enacted there will be barristers who are in independent practice, namely, they are not working for the State. They may be in employment as waiters or whatever, as is the case with many young barristers, but they are not employed to provide legal services. They are independent barristers and therefore would receive instructions from solicitors or members of the public in non-contentious issues, which is a provision of the Bill, but who may operate in chambers. It is important to point out that chambers are not partnerships; they are a collective of sole practitioners. Is it the case that there will be sole practitioners operating in chambers who are not members of the Law Library? Is it envisaged in the Bill that all independent barristers will have to remain members of the Law Library? If it is envisaged that there will be a variety of methods by which people can practise or choose whether to be members of the Law Library, should an amendment be considered to the effect that no professional code shall operate to prevent a practising barrister from sharing any facility, premises or cost of practice, including any capital or operating costs, or to require a practising barrister to share any facility, premises or cost of practice, including capital or operating costs, with one or more other practising barristers?