Catherine Murphy (Kildare North, Independent) | Oireachtas source

As we are taking a number of amendments together I assume I can speak to amendments Nos. 30a and 49e. I wish to expand on some of the points I made last night. The new Bill will give the authority the power to distinguish between barristers who purchase services from the Law Library and those who do not, and that is not very fair. It will force non-Law Library barristers to be individually liable for levies under section 79 and provides that they will be disbarred if they default.

It is important to be clear that the membership of the Law Library and the Bar Council, as professional bodies, should be distinguished. We are giving both voluntary and private organisations significant additional functions under the Bill. It may well be that my amendment does not quite capture what I am trying to achieve and if it does not I am perfectly willing for the Minister to take it away and amend it in the Seanad.

In the history of the State we have been very poor at developing new institutions. We have inherited those that we have and these are opportunities that need to be seized. We know how long legislation takes to come through so it is really important that we get it right. Since the Bill deals with reform of the regulatory system it should apply irrespective of the services a legal practitioner chooses to purchase from the market or which professional body he or she chooses to join. Since the Law Library is dominant in this market this could be seen as an abuse of a dominant position. This amendment is critical if we are going to stop protectionist tendencies within the legal profession.

Amendment No. 49e is within the same family. In the Bill as currently drafted, only the Bar Council will be consulted relating to insurance. However, it is important to remember that it is not the exclusive professional body for barristers and it does not represent the full market. It also has a conflict of interest since the Law Library operates a group insurance scheme. The authority should consult all barristers on professional indemnity insurance. When one considers what it takes to become a barrister one realises it is not an easy profession. It takes a considerable amount of unpaid time while training so it is critical that we are fair to everyone who practises that profession.

See this speech in context