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Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Committee and Remaining Stages (17 Jul 2013)

Alan Shatter: I propose the House adjourns for five minutes to allow Deputy Mac Lochlainn an opportunity to get his papers.

An Bille um an Tríú Leasú is Tríocha ar an mBunreacht (Cúirt Achomhairc) 2013: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013: Committee and Remaining Stages (17 Jul 2013)

Alan Shatter: I thank the Deputies opposite for their support for this important Bill, which will effect the first major constitutional change to the structure of our courts system since 1937. If it is accepted by the people in the referendum, this proposal will improve our system of justice. It will ensure that appeals which are made after cases are determined, particularly in our High Court, can be...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 29: In page 15, subsection (2)(a), line 23, to delete “review” and substitute the following:“review, and make recommendations to the Minister in respect of,”.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 31:In page 15, subsection (2)(a), to delete lines 27 to 37 and substitute the following:“(ii) the availability and quality of the education and training (including ongoing training) for the solicitors’ and barristers’ professions, including—(I) the curriculum arrangements for the provision of clinical legal education and the teaching of legal...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 32: In page 15, subsection (2)(a)(iii), line 41, to delete “practice” and substitute “practise”.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 33: In page 16, subsection (2)(g), line 23, after “and” to insert “make recommendations to”.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 34: In page 16, subsection (2)(h), line 30, to delete “them, and” and substitute the following:“them, and make recommendations to the Minister arising from those projects or activities, and”.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I understand that I am okay until 11.15 a.m., so we can finish these amendments.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I oppose the amendments because they largely reflect, in principle, what is contained in the corresponding Government provisions.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: We do not need duplication in these areas, with the professions regulating themselves and oversight of the professions. There is also an issue of public confidence. The model we are seeking to implement replicates the approach taken in Australia, although it is not identical, rather than the British model. I do not think anyone has sold the British model as an ideal to be adapted in other...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 18: In page 15, before section 9, to insert the following new section:9.--(1) Subject to subsection (2), a member of the Authority shall hold office for such period, not exceeding 4 years from the date of his or her appointment, as the Government shall determine. (2) (a) Of the members of the Authority that is first constituted under this Act, 5 (who shall not include the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: That is provided for in the section that we have now passed. It requires that nominating bodies nominate both a man and a woman in particular circumstances. There would be a need to ensure that there was a gender balance.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: If we change the numbers, the quorum will change. I do not want to go back over the debate on changing the numbers. There was a balance in the original number of 11 between the legal professions and the lay membership. That was also a part of the thinking. Deputy Collins said that there should be an equality of membership. The way we have it, there is one more lay member than there are...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 19: In page 15, before section 9, to insert the following new section:10.--(1) A person shall be disqualified from and shall cease to hold office as a member of the Authority if he or she--(a) is convicted on indictment of an offence, (b) is convicted of an offence involving fraud or dishonesty, (c) in the case of a member who is a legal practitioner, is struck off the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I move amendment No. 20: In page 15, before section 9, to insert the following new section:11.--(1) The Government may, subject to this section, remove a member of the Authority from office, but only--(a) where one or more of the grounds referred to in subsection (2) apply, (b) subsections (3) to (6) have been complied with, and (c) no appeal against the decision of the Government under...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I am opposed to the Opposition amendments Nos. 21, 22, 25 to 28, inclusive, and 35. These amendments are proposals that have previously been considered, as they were included in the Bar Council's March 2012 submission. In essence, the amendments seek to provide for oversight of the legal professions rather than direct regulation of the legal professions - they are essentially designed to...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: In the context of public confidence in the authority and in not being perceived as a body that is in any way dominated by the professions, there is an advantage in the chairman being a lay person. The professions themselves have had lay people chairing certain committees on occasion for the same reason. It is appropriate that the chairperson be a lay person, but I am interested in what the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: The legal professions will be regulated through the work of the authority.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: I am not sure what the Deputy's point is.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Alan Shatter: The 11 includes the chairperson.

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