Barry Andrews (Dún Laoghaire, Fianna Fail)

Deputy Rabbitte is correct that the original elements of the Bill that became the Legal Services Ombudsman Bill are now a separate Bill. However, the Solicitors Acts were due to be amended by this Bill originally, hence the fact that they are still in this Bill.

My information is there was no particular lobbying by the Law Society. As I mentioned in my original comments, Mr. Justice McKechnie raised it as a preliminary point. It was a concern he had about the implicit power of the Law Society and the tribunal. Therefore, it was thought prudent to include these amendments.

The retrospective point Deputy Rabbitte makes is a reasonable one. However, I am informed that it is not unusual for retrospective power to be included in legislation of this nature. In any case, it could be argued that the implicit powers of the Law Society in the previous legislation would have been challenged by now had there been a question. The persons who are investigated in these circumstances would have access and the resources to challenge any power which they felt was ultra vires.

On the points made about apprentices, it has been possible to investigate an apprentice solicitor since the 2002 Act. Following on from the concerns of Mr. Justice McKechnie, we are clarifying the point so there is no doubt and that what was an implicit power will now be explicit, with retrospective effect.

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