Michael McNamara (Clare, Labour) | Oireachtas source

I support what the Minister is trying to achieve by way of these amendments, but I would like clarification on one matter. Amendment No. 6(4)(b) states: "a person provides legal services as a barrister where he or she does one or more of the following:". While the functions on the list are regularly provided by barristers, they are also services regularly provided by solicitors. Solicitors regularly appear in relation to proceedings before a court, tribunal or forum for arbitration, whether in the State or in another jurisdiction, or the Personal Injuries Assessment Board. They regularly represent another person before these courts, tribunals, fora or boards.

They regularly prosecute or defend proceedings on behalf of another person, advise people on the conduct of proceedings and represent and advise other persons for the purpose of arriving at a settlement. They regularly draft documents for other persons in contemplation of litigation and they provide legal advice. They draft legal documents and represent or act for another person in circumstances where legal rights or obligations of a person are being or are likely to be created or in dispute. I appreciate that the intention of the legislation is quite clear but I wonder whether the wording is such that a solicitor providing these services is doing so as a barrister. All solicitors are persons so, when they are before a court, tribunal or other forum representing clients, are they providing legal services as barristers given the definition that is being introduced? I accept that this is not what the Minister seeks to have happen but it seems from the wording it is being achieved inadvertently. I would like clarification on it.

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