Jim O'Keeffe (Cork South West, Fine Gael)

There is an unanswerable case for the early introduction of the Legal Services Ombudsman Bill. The case in favour of the Bill is open and shut. I say that as somebody who, like the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, practised for many years as a solicitor. I say so on behalf of more than 95% of the solicitors and barristers who try to give a decent honourable service to their clients. I also say it on behalf of that 95% or more who are utterly appalled by the way the reputation of the legal profession is being tarnished by some rogue lawyers and in particular by the recent high-profile cases involving enormous amounts of money. Those 95% plus want to see those practices stamped out. I do not intend to comment on those high profile cases except to say I want to see due process taking place. I am not making any presumptions about them getting their just deserts.

Looking at the broader issue, it is important for those who want to give a decent honourable service as lawyers as well as for the general public to whom they provide the service. We have a system where justice is done and seen to be done from the point of view of any complaints arising from giving or perhaps more usually not giving that service. What is expected of lawyers in this day and age? I have just finished reading the book, Jasper Wolfe of Skibbereen, about the founder of my firm. In his time not only did he need to show competence and honesty, but he also needed to show complete bravery and courage. He was appointed crown solicitor after 1916 and his first job in that role was to represent the crown at the inquest into the murder of the lord mayor of Cork, Tomás McCurtain. He did it because he had to do it — it was his job. After the verdict of wilful murder against Lloyd George and Lord French, the lord lieutenant, was brought in, Jasper Wolfe for his pains was sentenced to death by the IRA. For various reasons he was able to deal with that matter.

In the past people like him needed to deal with more than the ordinary service to their clients and needed to show great courage and bravery in doing their job. That courage and bravery was recognised by the people of Cork West who returned him at the head of the poll to this House in the 1920s. While we do not expect that type of courage and bravery nowadays from our lawyers, we expect competence and honesty. We need a system in place that holds to account those who are not up to the mark. Those who try to do the job properly are diminished by the actions of a few — the bad apples in the barrel. This is why I so strongly support the Bill.

Having said that, we should not ignore that there is a system of dealing with complaints currently in place. It is not as though we are inventing a completely new system. I note the annual report of the Law Society of Ireland disciplinary tribunal for 2007 has just been published. It indicates strong action is being taken against a number of solicitors against whom complaints were made. That tribunal consists of 30 members including 20 members of the legal profession and ten laypeople. Despite the work of that tribunal, which seems at this stage to be effective, there is a need for a totally independent oversight body that is statutorily underpinned and that will have the kinds of powers mentioned in the Bill. I want to see the Bill in place because the ombudsman system has proved itself over the years.

The system originally came from the Nordic countries. It has served us well, particularly because of the high calibre of the people who have served as Ombudsmen, going back to Mr. Michael Mills, followed by Mr. Kevin Murphy and now, Ms Emily O'Reilly. It has been a very effective system.

I want to make one point in the context of how the ombudsman system has developed. We have a plethora of ombudsmen, some of them women——

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