Dáil debates
Thursday, 13 December 2007
Legal Practitioners (Irish Language) Bill 2007: Second Stage
12:00 pm
Michael Ring (Mayo, Fine Gael)
I will make a very short contribution. While I am pleased to see the Bill before the Dáil, I am amazed we do not have more important Bills to regulate the legal profession when we see what is happening. I would have preferred to see legislation to regulate barristers and solicitors, in particular. The days of self-regulation should be over. Regulation is badly wanted when we see what is happening with a small percentage of solicitors. It is time for action on the matter, as there is a need to protect people. As that is not the way it is, we must deal with the legislation before us.
I compliment my colleague, Deputy Flanagan, on outlining the Fine Gael position, with which I am pleased. We had a number of meetings with various groups about the matter. They were not completely happy with the proposals and would like to see a few amendments to the Bill to ensure protection in a number of matters, on one of which my colleague spoke, the provision of court services in Gaeltacht areas. There is a problem in some Gaeltacht areas in that judges cannot speak the Irish language. Such judges should not be appointed. If we are to promote Gaeltacht areas and expect people to speak Irish in them, the State must provide services for them. One such service would be providing a judge who is able to speak Irish. It is wrong if that is not the case, as in the Gaeltacht areas with which I am familiar a certain percentage cannot speak English. Such persons can conduct business through Irish but believe they are being let down and that their rights are being violated, as they are not allowed use the native language in doing business through the courts. Some believe certain judges would take it that the people speaking Irish were seeking to delay the courts. Therefore, the language affects the manner in which they are treated in court. I hope this matter can be resolved.
There are some excellent courses in Irish for the legal profession such as the one in UCC to enable solicitors and barristers to be trained and receive a qualification in Irish. Some graduates go on to become interpreters in the State and elsewhere in Europe. If people make the effort, they should be rewarded. A provision should be inserted on Committee Stage, whereby if people want to join the legal profession through Irish, they should be rewarded. There should be an appropriate exam. This would be particularly appropriate if there was going to be an appointment as a State solicitor or judge in a Gaeltacht area. There should be a list of persons who have undertaken an appropriate exam through Irish who could be seen as candidates to become a judge or State solicitor in Gaeltacht areas. As Deputy Flanagan stated, if people want to use Irish in the courts, there should be a strong panel of individuals able to speak Irish. The same number of judges should be in place who can deal with court procedures through the medium of Irish. That would be good for the language but must be included in legislation.
We should compliment those running the excellent course in UCC, but when graduates come to the King's Inns or the Law Society, there is no further course or examination in Irish to deal with. A provision should be included in legislation to make it possible for people to practise through Irish, should they choose to do so.
Deputy O'Shea mooted a Bill at an earlier stage and the Government has now brought forward its own proposals. I am sure many elements of the Bill will have to be dealt with on Committee Stage. A number of people believe what is happening is wrong, as Irish is meant to be our native language. Deputy Flanagan, a solicitor, has admitted that the standard expected in the examination was not the highest. Nevertheless, it debarred certain persons who were not able to manage the Irish language but wanted to be solicitors. They were probably badly affected by this. Deputy Flanagan has spoken about the man who has qualified as a barrister who has not completed the Irish exam. He is going to the High Court, which has helped to push on the Bill. Those promoting the Irish language believe that if the proposed amendments can be dealt with on Committee Stage and the individuals who want to practise through the medium of Irish can be protected and rewarded, they will not have a problem in with the Bill. I have a problem with the hypocrisy regarding the Irish language. There is an Irish exam, although it really only makes a mockery of the Irish language. We can insert a provision in order that those who want to join the legal profession through the medium of Irish can pass an exam in Irish and be rewarded at a later stage. At least that they could be considered for State Solicitor or as judges in the Gaeltacht area and that will be a good day for the Irish language.
I hope the Government will introduce the necessary legislation. Approximately one year ago I spoke here about an ombudsman for the legal profession. However, suddenly the Bill was withdrawn. If that Bill had been processed at least we would have had an ombudsman in place by now who could have addressed some of the current issues. While the Law Society is dealing with those issues, it is not able to cope and it is not dealing with the people who should be dealt with. I hope we will see the necessary legislation as quickly as this legislation came in. I hope that by early in the new year we will see a legal ombudsman Bill to regulate the legal profession so that it will not need to regulate itself. No professional organisation should regulate itself. There should independent regulation of all such bodies.
People are not happy that the Irish examination is being moved. However, as Deputy Charles Flanagan has mentioned, if the amendments these people have proposed can be adopted on Committee Stage, they will accept it.
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