Catherine Murphy (Kildare North, Independent) | Oireachtas source

I move amendment No. 53a:

In page 66, to delete lines 4 to 37, to delete pages 67 and 68 and in page 69, to delete lines 1 to 36 and substitute the following:“Levy to be paid by Law Society, Bar Council

79. (1) Subject to section 81, the following shall, in accordance with this Part, pay to the Authority in each financial year a levy in the amount determined in accordance with this section:

(a) the Law Society;

(b) the Bar Council.

(2) At the end of each financial year, the Authority shall, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of this section—

(a) the operating costs and administrative expenses that are properly incurred in that financial year by the Authority in the performance of its functions under this Act (in this section referred to as “approved expenses of the Authority”), and

(b) the operating costs and administrative expenses incurred in that financial year by the Disciplinary Tribunal in the performance of its functions under this Act (in this section referred to as “expenses of the Disciplinary Tribunal”).

(3) The approved expenses of the Authority include—

(a) the remuneration (including allowances for expenses) of the members of the Authority,

(b) the remuneration (including allowances for expenses and superannuation benefits) of inspectors and members of the staff of the Authority,

(c) any superannuation contributions paid in respect of the members of the staff of the Authority out of moneys provided by the Oireachtas,

(d) fees due to consultants and advisers appointed under section 16,

(e) the cost of office premises, and

(f) any costs or expenses, not referred to in paragraphs (a) to (e), incurred by the Authority in the performance of its functions under Part 5.

(4) The Authority shall determine—

(a) the proportion of the approved expenses of the Authority that was incurred by the Authority in the performance of its functions—

(i) under Part 5, and

(ii) under this Act, other than Part 5,

and

(b) in relation to the approved expenses of the Authority referred to in paragraph (a)(i), the proportion of those expenses that was incurred by the Authority in the consideration and investigation of—

(i) complaints in respect of solicitors, and

(ii) complaints in respect of barristers.

(5) The Authority, in consultation with the Disciplinary Tribunal, shall determine, in relation to the expenses of the Disciplinary Tribunal, the proportion of those expenses that was incurred by the Tribunal in the consideration of applications brought before it that concerned—

(a) complaints in respect of solicitors, and

(b) complaints in respect of barristers.

(6) The amount of the levy payable in each financial year shall be the sum of—

(a) the approved expenses of the Authority, and

(b) the expenses of the Disciplinary Tribunal, in respect of the preceding financial year.

(7) The liability for payment of the amount referred to in subsection (6) shall be apportioned as follows:

(a) in the case of the proportion of the approved expenses of the Authority referred to in subsection (4)(a)(i)—

(i) 10 per cent of that amount shall be apportioned to the Bar Council,

(ii) 10 per cent of that amount shall be apportioned to the Law Society, and

(iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society and the Bar Council according to the proportion, calculated under subsection (4)(b), of those expenses that was incurred by the Authority in the consideration and investigation of—

(I) complaints in respect of solicitors, and

(II) complaints in respect of barristers;

(b) the proportion of approved expenses referred to in subsection (4)(a)(ii) shall be apportioned pro rata among the Law Society and the Bar Council respectively, according to the number of solicitors on the roll of solicitors, the number of barristers on the roll of practising barristers;

(c) in the case of the expenses of the Disciplinary Tribunal—

(i) 10 per cent of that amount shall be apportioned to the Bar Council,

(ii) 10 per cent of that amount shall be apportioned to the Law Society, and

(iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society and the Bar Council according to the proportion, calculated under subsection (5), of those expenses that was incurred in the consideration of applications brought before the Tribunal that concerned—

(I) complaints in respect of solicitors, and

(II) complaints in respect of barristers.

(8) The Authority shall calculate, in accordance with subsection (7), the proportion of the amount referred to in subsection (6) that is payable by—

(a) the Law Society, and

(b) the Bar Council.

(9) As soon as practicable after the beginning of each financial year, the Authority shall provide a notice (in this Act referred to as a “levy assessment notice”) to each of the bodies or persons referred to in subsection (1).

(10) A levy assessment notice shall specify—

(a) the approved expenses of the Authority in respect of the preceding financial year,

(b) the proportion of the approved expenses referred to in subparagraphs (i) and (ii) of subsection (4)(a),

(c) the proportion, calculated under subsection (4)(b), of the expenses referred to in subsection (4)(a)(i) that was incurred in the consideration and investigation of—

(i) complaints in respect of solicitors, and

(ii) complaints in respect of barristers,

(d) the expenses of the Disciplinary Tribunal in respect of the preceding financial year,

(e) the proportion, calculated under subsection (5), of the expenses of the Disciplinary Tribunal that was incurred in the consideration of applications brought before it concerning—

(i) complaints in respect of solicitors, and

(ii) complaints in respect of barristers,

(f) the amount of levy payable by the professional body or person concerned, calculated in accordance with subsection (7) and, where applicable, subsection (8)(b),

(g) the date by which the levy becomes payable, and

(h) the rate of interest payable if all or part of the amount specified under paragraph (f) is not paid by the date referred to in paragraph (g).

(11) The levy received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

(12) For the purposes of this section—

(a) reference to the number of barristers whose names are on the roll of practising barristers shall be construed as a reference to the number of barristers whose names are on that roll during the financial year to which the expenses concerned relate, less the number of such barristers to whom section 81 applies, and

(b) a reference to the number of solicitors on the roll of solicitors is a reference to the number of solicitors on that roll in the financial year to which the expenses concerned relate, less the number of such solicitors to whom section 81 applies.

(13) In this Part “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.”

I have found myself in the same position as Deputy Pádraig Mac Lochlainn on a number of occasions so, when this happens, it is important that we understand why.

The section deals with the proposed levy on the profession to pay some of the authority's expenses. I am referring to amendments Nos. 53aand 59b. The Bill as worded discriminates heavily between barristers who are members of the Law Library and those who are not. Since the Law Library merely provides commercial services to barristers, the discrimination is not reasonable, and it is unfair. Effectively, it forces barristers who wish to be represented by the Bar Council to purchase services from it. It may be an abuse of a dominant position. In effect, the Bar Council funds its representative and regulatory activities through revenues generated by selling the services offered by the Law Library. Those who are not members of the Law Library often struggle to pay membership fees and are faced with a choice between being disbarred and paying high fees to access services they may not need. There is much talk about barristers and large fees, and we know some high-profile people who can command such fees. Similarly, a large number of barristers will struggle to make ends meet. There is much criticism about big business and small business and we must make sure we do not exclude people who may come to the fore later. They may well be happy to practise at a lower level. The Oireachtas should not enact laws that consolidate monopolies and illegal behaviour or force barristers to purchase certain services in order to gain representation from a certain professional body, which may not be one they require or need to be connected to.

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