Alan Shatter (Dublin South, Fine Gael)
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I move amendment No. 92:

In page 45, after line 48, but in Part 4, to insert the following new section:

46.—(1) A complaint shall not be considered by the Authority under this Part if in the opinion of the Authority—

(a) it is frivolous or vexatious, or
(b) it is without substance or foundation.

(2) The Authority shall not consider a complaint in respect of a legal practitioner under this Part where it is satisfied that the act or omission to which the complaint relates is the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that legal practitioner which was previously determined under this Act.
(3) The Authority shall not consider a complaint in respect of a solicitor where it is satisfied that the act or omission to which the complaint relates is—

(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that solicitor which was previously determined under the Solicitors Acts 1954 to 2013—

(i) by the High Court,
(ii) by the Solicitors Disciplinary Tribunal,
(iii) by the Solicitors Disciplinary Committee, or
(iv) by the Law Society,

or
(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the solicitor concerned.

(4) The Authority shall not consider a complaint in respect of a barrister where it is satisfied that the act or omission to which the complaint relates is—

(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that barrister which was previously determined by the Barristers’ Professional Conduct Tribunal, or
(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the barrister concerned.

(5) (a) Where the Authority is satisfied that the act or omission to which a complaint relates is the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has not been made by the court in those proceedings, the Authority may defer consideration of the complaint until the proceedings have been finally determined.
(b) Where the Authority is satisfied that the act or omission to which a complaint relates has been investigated by a court in civil proceedings or criminal proceedings and that a final determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings in favour of the legal practitioner concerned, the Authority may decide to take no action or no further action in relation to the complaint.
(c) Proceedings shall not be regarded as finally determined for the purposes of paragraph (a)or (b)until any appeal, rehearing or retrial in relation to those proceedings has been determined.
(6) Where the Authority determines under this section that it will not consider a complaint, the Authority shall, where appropriate—

(a) notify the complainant in writing of its determination,
(b) state the reason(s) for the determination,
(c) notify the legal practitioner, if appropriate,
(d) take no further action in relation to the complaint,
(e) refer the person to a more appropriate body.".