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

I value the Deputy's insights and experience in our deliberations on the Bill. He raised an important issue. It is one to which we have given some thought. It is interesting, arising from our deliberations, that an issue arises regarding whether we bring forward additional provisions and amendments to this provision on Report Stage having teased it out further, which we want to do. The Deputy will see that the proposed section 76(5) states: "The Authority may, having regard to the objectives specified in section 9(4), prescribe additional information in relation to the professional qualifications and areas of expertise of the practising barrister concerned that is to be contained in an entry on the roll". That will give the authority some discretion in determining what additional information might be included.

I can see advantages in providing on Report Stage for the express inclusion of some of the matters the Deputy has raised and, arising from his contribution, I have a particular concern that we may also need to consider in this context. Subsection (4)(b) relates to subsection (5) in the context of the specification of whether a person is a member of the Law Library and in the full-time service of the State. In the circumstances of barristers who are not full-time members of the Law Library and where members of the public may not understand the nuances of whether one is a member of the Law Library, on reflection I have a concern that a member of the public who, for example, wanted to approach a barrister directly on a non-contentious matter might have a less favourable view of barristers who were not members of the Law Library. He or she may think it a black mark against them. It is important that the information is available, but it is also important that the manner in which it is made available does not result in the wrong conclusions being drawn about the expertise of others and their capacity to undertake particular legal work.

I thank the Deputy for raising this issue. The reason for including subsection (5) was that I was troubled about whether everything that needed to be incorporated on the roll had been designated and I thought it was important for the Legal Services Regulatory Authority to reflect on this. Such a reflection would also be relevant to the consultative process in which it must engage. We will re-examine the subsection before Report Stage and if members have a particular amendment they would like to suggest to us prior to Report Stage, as opposed to it being an issue that arises on the day, I would welcome it.