Joe McHugh (Donegal North East, Fine Gael)

I welcome the opportunity to speak to the Bill, about which I have spoken to the Minister on a one-to-one basis on several occasions. To be honest, there is anxiety about it and I do not think it is a fear of change on the part of the profession either in the Law Society or the Bar Council or among their representative members. It is not an anxiety we can dismiss or leave aside.

From speaking to the Minister, he is open to suggestions and being constructive. The legislation has been lying around for 30 years; therefore, it is not being taken up on a whim. It is certainly not the intention of the Minister to override a profession for the sake of it. It is welcome that he is being constructive in that the many suggestions being made by members of the Bar Council and the Law Society will be duly considered and examined in a very proactive way.

There are fears about independence, which I am confident the Minister will allay as the legislation goes through the Houses. There are concerns about who will administer the €50 million compensation fund. The Minister has stated the Law Society will continue to be the arbitrator with regard to the fund as it pays into and administers it. The fund shows the competence and co-operative responsibility of the profession in dealing with odd cowboy or cowgirl, which there is in every profession.

I encourage all solicitors and barristers to make submissions. People should not rely collectively on the representative groups to make submissions. Plenty of individuals have good ideas and proposals which they should put forward.

With regard to the new body being established, it is important that we continue to have a filtering system which uses the years of expertise and in-depth knowledge of solicitors and barristers. From speaking with the Minister, I have no doubt that a mechanism will be created to allow for this.

Having spoken to a few people in my county, I have a particular concern which I hope the Minister will be able to allay. It is with regard to the proposal that solicitors may employ barristers. I know this is qualified by the use of the word "may", but we could end up with a premiership-elite legal system under which the top law firms employed the top barristers. This would have a knock-on effect as the top barristers would be cherry-picked by the top solicitor firms and those solicitor firms not in a position to compete because of the levels of remuneration or wages offered would end up as part of a two tier system. I draw a parallel with soccer clubs across the water where the top four or five clubs have the reputation and money to buy the top players. In this cherry-picking system the other clubs are at a disadvantage. Perhaps the Minister thinks there is nothing to be worried about, but further down the track a firm such as Arthur Cox would be in a position to employ the top barristers, while smaller firms would not be able to compete at that level. It would also create a perception, as in advertisements solicitors would be able to state they had such and such a barrister with such and such a reputation and experience which would place them at a comparative advantage.

A conversation is taking place among the law fraternity about the fact that it is difficult for young barristers trying to come through the system. It is a difficult profession in which to be involved. When conveyancing was at its height, it was a different world, but this is a different time and it is time for change. This change will bring certain opportunities, but it is important to keep perspective. The real issue is independence and, as the Competition Authority mentioned, providing the consumer with a voice. I do not state consumers did not have a voice, but this might have been the case in certain quarters.

See this speech in context