Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)

I warmly welcome the spirit of the Legal Services Regulation Bill 2011. However, I draw the Minister's attention to section 8 (2) (a), that stipulates that the 11 members of the authority will be appointed by the Minister. This does not correspond to the make-up of similar regulatory bodies. For example, the Teaching Council Act 2001 prescribes for approximately 62% of teacher council members. I ask the Minister to review this section and allow for the incorporation of stakeholders.

I am disappointed that no provision was made in the Bill for the establishment of limited liability partnerships similar to those in England, wherein all solicitors in a firm have limited liability. I recommend that the legislation include a provision requiring the authority to investigate the possibility of providing the legal framework for their creation, taking cognisance of best practice abroad. This would undoubtedly reduce solicitor cost and client fees.

I am particularly interested in the changes proposed in the training and education section. The Bill allows other bodies to be accredited by the authority to provide the training services currently monopolised by the Law Society and the Honourable Society of King's Inns for solicitors. This is a most welcome change to current practice. I cannot help but feel that law students in some regards are currently being exploited. The number of students sitting the FE1 examinations has risen significantly in recent years. For example, in 1995 there was one single sitting of FE1 examinations for 251 candidates. There were two sittings in 2005, one in April and one in October, with 1,499 students sitting exams in April and 1,548 sitting the October exams. In 2010 these figures dropped to 1,121 students who sat the April examinations and 987 who sat the October examinations. The examinations are costly, at €110 per exam, and each candidate must sit and pass eight FE1 examinations in total.

The number of solicitors qualifying does not reflect the number of students who sit the examinations, even accounting for a percentage who may be unsuccessful. In 2005, 420 qualified as solicitors; in 2010 the number was 725. However, these numbers do not add up. One can only conclude, therefore, that a sizeable number of students completing their FE1 examinations cannot acquire an apprenticeship placement. This is very unfortunate and difficult for the students concerned as FE1 examinations cost a student a total of €880. No grant or subsidy is provided for them and the qualification gained on completion of the FE1 examination is recognised only by the Law Society.

In this regard, I welcome the requirement placed on the authority to investigate arrangements to facilitate the minimisation of duplication and consequent expenses incurred by a candidate in the taking of examinations in legal subjects. The current system is not student friendly. I look forward to the reports from the authority in this regard and, moreover, action being taken to ameliorate the position.

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