Dáil debates

Wednesday, 24 October 2012

Ceisteanna - Questions - Priority Questions

Legal Services

2:25 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

It is fair to point out that the State's regulatory role has been conspicuous by its absence in respect of the Law Society of Ireland and its solicitors on several levels. There was no obvious referral to the Oireachtas or public representatives in the passing of this regulation by the Law Society of Ireland. The effect has been that of a price-increasing mechanism; immediately, the public is being faced with an increase in legal fees. This is contrary to what we are trying to do in the Oireachtas with the Legal Services Regulation Bill. It is fair to point out that for uncontested conveyances, this will lead not only to a doubling but to a multiplication of legal fees. There will be scenarios in which a parent might leave a property to several children, perhaps three, four or five. Each sibling will have to have separate legal representation and it will not be possible for two solicitors to be involved. Also, this was not a unanimous decision by the Law Society of Ireland. I understand a certain amount of division existed in its reaching this decision.

We should bear all of this in mind and we should bear in mind what we are trying to do, which is to bring greater transparency to this decision and achieve greater value for money for people in conducting their legal affairs, which have been rather expensive over the years. The Minister is in charge of revisiting the Legal Services Regulation Bill. What is his view? Was this not a wrong and unfair decision which will impose increased legal costs on people undertaking transactions? The Minister proposes to amend the Legal Services Regulation Bill. Could we revisit this as part of the process? It is a genuine issue of concern. The point has been made by the Law Society of Ireland that this is on foot of several recommendations in the report. However, if rogue solicitors are in operation there should be robust mechanisms to deal with those people, especially if they are not giving their clients proper advice or services. The way to deal with this is not by forcing families to use a plethora of solicitors when they engage in simple family transactions. It is ridiculous. What is the Minister's take on it?

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