Michael McNamara (Clare, Labour) | Oireachtas source

I have no objection whatsoever to what the Minister seeks to achieve with this legislation. I agree entirely with it but the simple reality is that "a person" provides legal services as a barrister when doing one or more of the specified tasks. The last time I checked, I had never met a solicitor who was not a person. When a solicitor provides the listed services in accordance with the definition in the Minister's amendments, he or she is providing legal services as a barrister. The legislation does not refer to "a person who is not a solicitor" providing legal services as a barrister; that is not the definition included. I appreciate that there is absolutely no possibility of what I am saying being considered by the Minister or her officials — they are discussing this — but my argument is that the amendments refer not to "a person who is not a solicitor" or "a qualified barrister" but simpliciterto "a person". This will cause difficulty in the future unless there is an amendment or unless the Minister can explain why it will not.

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