Alan Shatter (Dublin South, Fine Gael)
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I do not want to exclude them from the discussion which has been important. It was quite clear from an early stage that the Law Society had a concern about its staff. By the time it had expressed support for the new independent system which was being put in place to deal with disciplinary matters, it would have raised the issue well before the trade union dealt with or raised it. I will not get into trade union negotiations on this matter. There are technical legal issues that remain of concern and there are certain practical matters that will need to be addressed with the Minister, Deputy Brendan Howlin's Department. Frankly, there is not an issue that would require engagement with the Mandate trade union. There is an issue that does require each individual being clear on what he or she would like to do if it proves possible that we can develop this. I want to keep on emphasising this because I do not want to be accused of misleading anyone in using the phrase "if it proves possible". There are difficulties in this area and I do not want to suggest they are ones that would be made by my ministerial colleague. I do not know to what extent issues relating to pensions and redundancy rights and legislation have been factored in to the considerations. That is something we will discuss directly with the Law Society. If the Bar Council has a similar issue, we will discuss it with it.
On the issue raised by Deputy Pádraig MacLochlainn, this is about trying to provide for a new start and ensure there will be no perception on the public's part that when allegations of misconduct are made, they will be investigated by anything other than an independent body. In an ideal world a seamless transition whereby outstanding issues would be taken over by this body has a lot to commend it. That is a matter to which consideration is being given, but there are very substantial legal issues to which careful consideration has to be given. One could not have a situation where a serious allegation was made against a member of the legal profession whose alleged conduct had detrimentally impacted on a member or members of the public, where that matter was in the course of being addressed within the current structure and legislation was enacted that would ultimately have an effect whereby the current structure would be instantly dismantled and there was a legal barrier to the matter being progressed under the new structure. I will not go into the technical legal issues, but I do think there is a difficultly with the transitional proposal that has been made to me being implemented in the context of the legal and constitutional rights of individuals who are in the course of having an issue, for example, adjudicated upon under the existing structure. These are issues on which we are going to have to be very careful in dealing with and matters at which we are looking further very carefully in order that there will not be unintended consequences contrary to the public interest in our seeking to provide for that type of transitional measure.