Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to speak on the Legal Services Ombudsman Bill 2008. In light of recent events it is topical, relevant and above all good for citizens, taxpayers and consumers. We need the right calibre of person for the job, which is a very important position. It is not acceptable, as we have seen in recent times, for some bankers, solicitors and others in the legal profession to damage the integrity of their position. This legislation, as far as I am concerned, is about justice, fair play and equality. These are the issues that must be at the heart of the Bill.

In recent years the State has been damaged by sleaze and corruption in all aspects of Irish life. Politics, business, the church and the legal profession have all been seriously damaged and we should admit this to the public. The public want change and they want action, but above all they want reform. This Bill is part of the agenda of reform. Members of the legal profession, many of whom I meet regularly, are embarrassed by and ashamed of the activities of some of their own members. This is at the heart of the debate today. I urge the Minister to put the boot into rogue solicitors and bad practice in the legal profession. This is something that people of integrity who work in the legal profession, particularly those with great records on human rights and citizens' rights, are calling out for. They want support and they want this legislation to deal with the issue.

The purpose of this Bill is to establish on a statutory basis the office of the legal services ombudsman to oversee the handling of complaints by the Bar Council and the Law Society, review the procedures for same and report annually on the adequacy of the admissions policies of both professions. Section 4 provides for the establishment of the office of legal services ombudsman. Section 5 stipulates that the legal services ombudsman shall be appointed by the Government and that the person appointed shall be suitably qualified, and provides for the classes of person not eligible for appointment as ombudsman. This is a sensible section. I urge the Government to ensure that the right calibre of person is appointed to this position.

Section 6 sets the period of office at a maximum of six years, allows re-appointment for a second or subsequent term and provides for the manner in which the ombudsman may resign from office. It also provides for the circumstances in which the Government may remove the ombudsman from office as well as the circumstances in which a person ceases to hold the office of legal services ombudsman. Section 7 provides for terms and conditions relating to remuneration of the ombudsman.

I welcome section 8, which is a strong section. It restricts the ombudsman from engaging in other paid employment unless approved by the Minister. This is a sensible measure because the ombudsman must focus on his or her job in the interests of consumers, taxpayers and, above all, citizens. Section 8 ensures that the person chosen will focus on his or her position. Section 9 provides that the functions of the legal services ombudsman are to receive and investigate complaints about the handling by the Law Society and the Bar Council of complaints made to them by clients of barristers and solicitors, to ensure that such complaints are dealt with fairly, effectively and efficiently by the two professional bodies, to assess the adequacy of their admissions policies and to promote public awareness of the complaints procedures of the two bodies. This is also important. We must protect the interest of clients and citizens.

Section 10 stipulates that the ombudsman shall be independent in the performance of the functions of the office. This is an important section, because the independence of the ombudsman is a key aspect of the legislation. As an Independent Member of the Oireachtas I must point out that in the upcoming budget it is important that the Government focuses on certain issues. There should be no cuts in areas such as cystic fibrosis, disabilities or health. I mention these because I want to put down a marker in this debate for the broader discussion about the budget in next few days.

Section 11 provides for the ombudsman to appoint staff and set their terms and conditions of employment, subject to the consent of the Minister and the Minister for Finance and following consultation with the Bar Council and the Law Society. The ombudsman may, subject to the consent of the Minister, engage the services of advisers or consultants and may also authorise members of the staff to perform certain functions. I urge caution on section 11 when dealing with the area of consultants, on which the public is demanding action. We do not want to see any more waste of public money on the employment of consultants. I urge the people directly involved, including the Minister for Justice, Equality and Law Reform who is present, to be wary of this section. We need to be very conscious of cost and ensure we do not waste money. It is the priority of the State for the next six to 12 months that money be well spent.

Section 12 provides for the Minister to advance to the ombudsman out of moneys provided by the Oireachtas amounts as the Minister may determine, with the consent of the Minister for Finance, for the purposes of performing his or her functions. The Minister for Finance has a significant input into this section also. Section 13 provides for financial accounting and audit matters including presentation of audited accounts to the Minister and their laying before both Houses of the Oireachtas. This section is important as it deals with the accounting and auditing issue. Section 13 delivers on the issue of accountability.

Sections 14 and 15 provide for various reports to be made by the ombudsman, including an annual report to the Minister on the performance of the functions of the office, a report to the Minister within two years of being appointed on the effectiveness of the office and the adequacy of its functions, special reports on matters of particular gravity or in other exceptional circumstances and an annual report to the Minister on the adequacy of the admissions policies of the legal professions. Each of these reports shall be laid before the Houses of the Oireachtas and published. Sections 14 and 15 are key. However, presenting the report to the Minister within two years of appointment may be too long and could be reduced.

Sections 16 provides for the appearance of the ombudsman before a committee of Dáil Éireann regarding its accounts and such matters as its efficiency and any other matter raised in a report by the Comptroller and Auditor General. This section is important as it zooms in on accountability. In recent days with the financial crisis and the major rows in the United States, I have been very impressed with its Congress committees that have hauled in some of these bankers, particularly those involved in Lehman Brothers, to give account to the representatives of the people. An Oireachtas committee has a role to play in this issue.

Part 4 of the Bill dealing with complaints and reviews gets to the heart of the matter. Sections 21 and 22 provide for the making and investigation of complaints. A complaint may be made to the ombudsman concerning the handling by the Bar Council of Ireland or the Law Society of Ireland of a complaint against a barrister or solicitor. A complaint may also be made to the ombudsman about a decision of the Law Society of Ireland to make or refuse a grant from the Law Society of Ireland's compensation fund. Complaints to the ombudsman must be made within six months of the determination of the related complaint by the relevant body. The circumstances in which a person is not entitled to make a complaint are also provided for. We need to focus on the issue of complaints and ensure our citizens and taxpayers are at the heart of the legislation.

I welcome the debate and the legislation. This is an opportunity to bring justice, equality and fair play into the justice system.

See this speech in context