Gerard Murphy (Cork North West, Fine Gael)

The Civil Law (Miscellaneous Provisions) Bill is adequately named because we are dealing with many miscellaneous items in the Bill. The main section relates to the creation of a legal services ombudsman but we are also amending various Courts Acts, Courts Officers Acts, Solicitors Acts, the Gaming and Lotteries Act, the Statutory Declarations Act, the Juries Act, the Bankruptcy Act and the Succession Act. From past experience I am sure that before the Minister is finished with the Bill many additional topics will be dealt with and amendments made to it. It has been difficult for members of the Opposition to deal with this approach to Bills coming from the Department of Justice, Equality and Law Reform. Bills change constantly from the date of publication to the date of final report and, while we have to accept that is the style of the current Minister, it does not make for a good legislative process.

Having said that, I believe the central and most important element of the Bill is the creation of a legal services ombudsman. In a growing economy an effective and efficient solicitors service is absolutely essential. The tradition in this country has been the direct opposite. Businessmen and the public are fed up with the delays and inefficiencies in this sector. Their method of doing business is aloof and it would appear that, up to now, solicitors have had a vested interest in keeping it that way.

In a growing economy delays cost an enormous amount of money. Whether clients are businessmen or individuals they suffer and these delays add greatly to the cost of doing business. This is not acceptable in a country where it is absolutely vital that we keep our competitive edge. It is not acceptable if one profession is constantly adding to general business costs. This appears to be endemic in the profession because the legal profession in local authorities, State enterprises and State boards also appear to be the main reason public service transactions are continually delayed. In a modern society this antiquated attitude to dealing with clients is no longer acceptable and no matter what changes we make they will have little or no effect unless there is a fundamental change in attitude by the profession as a whole.

The entire system of training solicitors must be examined. They must be made to realise that the service they provide is slowing down the process of completing transactions. The ineffectiveness of the profession not only adds a cost to business and individuals but it also greatly adds to the stress of people's daily lives.

The Minister, Deputy McDowell, stated that the establishment of the ombudsman together with the new measures on legal costs will transform the provision of legal services. He stressed that it is essential to ensure that the legal system and the legal profession continue to meet the requirements of our modern dynamic society. While we welcome this change, the Tánaiste is starting from the wrong base. If he believes the legal profession has served society well, he is wrong. Its antiquated systems, arrogance and refusal to move with the modern world have cost our society dearly.

As with much of the legislation introduced by the Tánaiste, the intention of this Bill is correct, but the implementation leaves much to be desired. There must be a more fundamental shake-up of the legal system for the legal profession to realise that it is operating in the 21st century. There must be a fundamental change of attitude and the profession's members must realise that they are providing a service to the community.

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