Charlie O'Connor (Dublin South West, Fianna Fail)

I welcome the opportunity to contribute on the Civil Law (Miscellaneous Provisions) Bill 2006. I note from the explanatory memorandum that the Bill covers a range of issues, including legal services, an ombudsman, the courts and court officers, solicitors, gaming and lotteries, landlords and tenants, statutory declarations, juries, bankruptcy and succession.

I have listened carefully to some of the contributions. It is a pity this debate has not received much attention. It is clearly a slow news day and the people who were in the Gallery in such numbers this morning, for whatever reason, are obviously exhausted. Normal business is resuming and perhaps that is good.

When I was reading through documents relating to this Bill I was trying to figure out how I could talk about issues in my constituency. I was heartened when I heard the Ceann Comhairle allow Deputy Howlin speak about the Wexford courthouse in which Deputy Twomey also had an interest. I presume that means I can talk for at least a minute about Tallaght and the need for a new courthouse there. We have a very good courthouse, but it needs to be developed. Many other issues also need attention.

The Minister of State, Deputy Fahey, mentioned that the Bill reflects the breadth of the functions of the Minister for Justice, Equality and Law Reform. In any debate I could talk for a long time about the functions of the Minister. I do not read cuttings on my activities but one was brought to my attention at the weekend. The Sunday Mail made the point that at a time when there was much other news, the only press releases I was issuing dealt with the need for a new Garda station and more gardaí in Tallaght. I am happy to emphasise that. The House has heard me speak previously about the need for a new Garda station in Tallaght west. Every time I see the Minister, not only do I talk to him about more gardaí being needed for Tallaght but I also raise the issue of more facilities for the Tallaght area.

I take this opportunity — this is relevant in the context of this Bill — to talk about the need for the Minister to respond to the issues being brought to the attention of all Members. Anti-social behaviour is an issue that crosses the desks of all Members. I listened to Deputy Ó Snodaigh refer to the many people who come to his office to talk about all sorts of issues. I hold eight clinics every week in my constituency and they are always packed with people who come to me about all sorts of issues, including justice issues which cross my desk on a regular basis. People want action on the issue of anti-social behaviour problems. I am a strong believer that it is time anti-social orders were used and some colleagues opposite are also in favour of them.

A former speaker referred to working class areas. I come from a working class background. I was born in the inner city, I lived in Crumlin and now I live in Tallaght in Dublin South-West. As Deputy Ó Snodaigh stated, certain professions are not well represented in some areas. That is the case in my constituency and in many other constituencies. I look forward to the time when the addresses of High Court judges and other professional people will reflect the new Ireland which is developing and growing. I am sensitive about referring to Tallaght in front of colleagues, but it is the third largest population centre in the country, second only to Dublin and Limerick. I represent not only Tallaght but also Greenhills, Templeogue, Firhouse and Brittas, and there are justice issues in all those areas.

I note that other speakers have referred to the legal services ombudsman. I listened carefully to the Minister of State's contribution. The legal services ombudsman will oversee the handling by the Law Society and the Bar Council of complaints by clients of solicitors and barristers. The key functions of the legal services ombudsman include a form of review, in particular of cases of clients of solicitors and barristers who are dissatisfied with the handling of a complaint made to the Law Society or Bar Council, and a more general oversight role for those complaints procedures by examining a selection of complaints files each year taken on a random basis. I note there are very few barristers living in my constituency.

These changes include a requirement, in section 13 of the Bill, for the ombudsman to report to the Minister within two years of being appointed on the effectiveness of the office and the adequacy of functions. The ombudsman will also, under section 14 of the Bill, oversee the admission policies of the legal professions and will be required to report annually to the Minister and the Oireachtas on the adequacy of numbers admitted to practice. In section 18 of the Bill the costs of the office of the ombudsman will be funded entirely by a levy on the Law Society and the Bar Council, calculated pro-rata, based on the numbers of practising solicitors and barristers.

The ombudsman has power under section 27 of the Bill to direct the Law Society or the Bar Council to reinvestigate a complaint if not satisfied that the original complaint was adequately investigated, and under section 28 such directions are enforceable by the High Court. The ombudsman also has power under section 31 to review the procedures of the relevant professional bodies for dealing with complaints, to examine both random samples of complaints and complaints relating to specific matters as well as making recommendations for improvements to those procedures.

It is important that the public is provided with adequate and transparent means for dealing with these issues. I recall a former Taoiseach, Garret FitzGerald, making a point about the work of public representatives at a function some time ago. He stated that many cases crossing the desks of TDs in particular would not need to be raised if the system was working. We must appreciate the need to support measures in that regard.

The provisions in Part 4 of the Bill amend the law in two further areas concerning the legal profession. Both of these changes arise out of recommendations in the June 2004 report of the regulatory review task force chaired by Mr. Joe Brosnan, a former Secretary of the Department of Justice, Equality and Law Reform. The task force conducted a thorough review of the Law Society's organisation and practices. Most of the recommendations of that report are being or have been implemented by the Law Society and do not need legislative change; those that do are dealt with in the Bill.

I will be careful about using the word "cherry-pick" as it seems to be a phrase of the week. I do not have a legal background but I am a member of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. Under the chairmanship of Deputy Ardagh and the strong all-party support from members such as Deputies Howlin and Jim O'Keeffe, this committee has undertaken a significant amount of work. It has impressed hugely in its work on some of the special tasks it has been delegated.

I had planned to avoid reading the newspapers this morning but I decided to have a quick read of them. I note that Deputy Ardagh, the Chairman of the committee, was in Brussels yesterday. He made what is acknowledged as a fine speech relating to issues of interest to many. Recent days have seen many other items in the news and I hope that what he said will not be lost. The newspapers may have returned to normal by tomorrow and will deal with normal issues, as they should. This should be the focus.

Part 5 of the Bill amends the Gaming and Lotteries Act 1956. Section 55 inserts new values of 50 cent as the maximum stake and €30 as the maximum prize for gaming machines. The current maximum stake and prize values are sixpence and ten shillings respectively in old money; the euro equivalents are three cent and 63 cent respectively. By any measure, these values are undoubtedly out of date.

Views differ with regard to gaming and lotteries. The Minister of State has been dealing with issues relating to new gaming clubs and there are mixed views on the subject. All Members were made aware through their constituency offices of the different views on that issue. One must be careful what one says about these matters. I note that Deputies Twomey and Deasy are in the Chamber and their presence reminds me that there are gaming places in counties Wexford and Waterford and elsewhere. There is a small one in the Square in Tallaght. There are differing views on how they should be regulated. The Government's approach in this regard is reasonable and this is acknowledged in the general acceptance of the Bill by colleagues.

The Minister of State, Deputy Brian Lenihan, has a particular understanding of many of these issues. One must always tread carefully and listen to people's views. I am a big fan of the Minister of State and if I wish to put on the record my appreciation of the Minister of State, I will do so.

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