Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 68c:

In page 72, between lines 35 and 36, to insert the following:

“(d) a person who is an unqualified person;

(e) a person who, having been a qualified barrister, is disbarred (other than a person who has procured himself to be disbarred with a view to being admitted as a solicitor);

(f) a person who, being a solicitor in another jurisdiction, is not a solicitor qualified to practice in that jurisdiction by reason of a sanction equivalent to a sanction specified in subsection (7)having been imposed on him or her in accordance with the law of that jurisdiction;

(g) a person who, having been a barrister in another jurisdiction, has been disbarred in accordance with the law of that jurisdiction;

(h) a person who has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act;

(i) a person who is convicted on indictment of an offence;

(j) a person who is convicted of an offence involving fraud or dishonesty or breach of trust;

(k) a person who is convicted of an offence involving money laundering or terrorist financing (both within the meaning of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010);

(l) a person who is an undischarged bankrupt;

(m) a person who is insolvent and has entered into a Debt Settlement Arrangement or a Personal Insolvency Arrangement (both within the meaning of section 2 of the Personal Insolvency Act 2012) with his or her creditors;

(n) a person who is convicted outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

(o) a person who is disqualified under the law of another state (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking.

(5) The High Court may, on application to it by a person to whom subsection (4)(other than paragraphs (a)to (c)of that subsection) applies, grant the person an order permitting him or her to be a partner in a multi-disciplinary practice where it is of the opinion that it is reasonable and proportionate to do so, having regard to the circumstances of the person, including the circumstances that gave rise to subsection (4) applying to him or her.

(6) Nothing in this section shall be construed as permitting investment in a multidisciplinary practice by a person other than an individual.

(7) In this section, “unqualified person” means a solicitor who is not a solicitor qualified to practise, within the meaning of the Solicitor’s Act 1954, by reason of—(a) his or her name having been struck off the roll of solicitors,

(b) his or her suspension from practice,

(c) his or her having had the issue to him or her of a practising certificate refused under section 49 of that Act,

(d) his or her having his or her practising certificate suspended under section 58 of the Solicitors (Amendment) Act 1994, or

(e) his or her having given to the High Court an undertaking not to practise as a solicitor.”.

See this speech in context