Results 6,681-6,700 of 9,329 for speaker:Pádraig Mac Lochlainn
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: With the permission of the Chair, may I clarify that the Minister is stating that the Department will engage with the Law Society and the Bar Council to hear their concerns about the Minister's most recent amendment and that he will ensure there is a fair distribution of the levy and that he will deal with the number registered and the number practising?
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: The Minister appreciates the issues involved here and has received representations from the various bodies on them, particularly the Law Society and the Bar Council. Both representative organisations want to ensure the levy is as fair as possible, based on the level of complaints against the legal practitioners they represent. I am disappointed at the register of solicitors. It is valid to...
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: What about notaries public? We are getting representations asking why notaries public and legal executives are not dealt with in this legislation.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: At issue is the right to refer a matter to the High Court using a point of law. The amendment seeks to protect the rights which may become an issue anyway. That is what it is and it is straightforward.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: Is the Minister saying he believes he has addressed the concerns that my amendment sought to address?
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: Apologies. It is sometimes hard to translate what the Minister says.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: As the Minister well knows, these are matters for negotiation. Therefore, I will withdraw the amendment and see what happens at a later stage, if Deputy Finian McGrath agrees.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: No.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: There cannot be more than 16 members of the disciplinary tribunal, but there is a concern that this may not be enough. Has the Minister reflected on the matter?
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: Can the matter be examined?
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: One of the submissions that this committee received was a proposal or suggestion that there should be a five year time limit on the ability to make complaints, which I believe is reasonable. If somebody has a difficulty with costs, he or she should be making a complaint ---
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: Sorry, did the Minister say three years?
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: A mediation Bill is expected later this year and in that context, is the Minister is trying to incorporate what is coming down the line into this legislation? Is there flexibility in these sections to anticipate the new processes that will be provided for in the forthcoming mediation Bill? The mediation Bill, in the context of cost issues and resolving matters, could be as important for the...
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: The Minister will discuss the matter.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: I appreciate that.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: I move amendment No. 82: In page 36, line 24, to delete “legal practitioner” and substitute “solicitor (the relevant legal practitioners)”.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: Deputy Collins and I have tabled a series of similar amendments which seek to maintain the current position whereby moneys are paid to solicitors rather than barristers.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: My concern in this regard is linked to the proposal for multidisciplinary practices, an issue we will debate at a subsequent meeting. It is believed that these sections facilitate the measures that will come down the line in respect of accountants. That is the interpretation that is being made and the reason for my concern.
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: An issue arises with regard to professional indemnity insurance. Apparently, the Minister recommended that the Law Society and others retain control over this issue. This could impact on the level and affordability of insurance. Not every solicitor is making a fortune and many of them are struggling in the current economic climate. There is a real issue here. The Minister has undertaken...
- Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)
Pádraig Mac Lochlainn: From listening to the Minister's thoughts in this regard, a possible solution is to be found. The Minister intends to engage with the Law Society on the issue of staffing and when he does so, I ask him also to consider this issue with its representatives. I hear his fundamental objections to the suggestion that the Law Society will continue to have the powers of discipline and enforcement....