Dáil debates

Wednesday, 22 April 2015

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage

 

11:50 am

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

There has been a fair degree of change in the area of multidisciplinary practices since Deputy Alan Shatter was Minister. He was gung-ho about them, even though it was pointed out to him that they could create an elitist approach to accessing law. Some of the more talented barristers would be sucked up into one building, and there would be issues of oversight, with accountants, solicitors and barristers operating from one building. It could be argued that ethical issues might arise.

The Minister of State is from Cork and I am from Donegal. My major concern is about somebody in one of those counties, which are far removed from the large legal firms in cities, who is facing a difficult case involving corporate, environmental or family law. Under the current regime, such a person would go to his or her local solicitor, who would consider the pool of barristers available and try to find a specialist to argue the case. In a sense, that created a level playing field.

Multidisciplinary practices are on the way out in many countries. One thinks of Hollywood movies in which the best and brightest graduate from university and are head-hunted by large legal firms and paid large amounts of money, and the balance is swayed in favour of big business. Those who can afford to pay the most can attract the best and brightest, whereas an ordinary citizen cannot access such services.

Free Legal Advice Centres, FLAC, is an advocate for affordable, fair and balanced access to justice. The Bar Council and the Law Society have views, but those organisations which are advocates for citizens as much as for the legal fraternity are particularly important. We have a new Minister. I am concerned that this idea was Deputy Shatter's brainchild. He was on a crusade in terms of his views on the legal fraternity, particularly barristers. The Minister has introduced a six-month period of research followed by a six-month period of consultation, and perhaps after all that she will make changes. She could instead have got rid of the thing. Why is what I hope will be the inevitable being delayed by a year? I would like an explanation of the approaches taken. International evidence, with the exception of one example given by the previous Minister, Deputy Shatter, shows clearly that this is not the way to go, and it is not something that people in Ireland are demanding. Who in Ireland is knocking on the doors of Deputies-----

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