Results 6,701-6,720 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: The Minister has addressed our amendments and that is fair enough. I will raise, under Part 3, the substantive issue of the compensation fund. This is an area of understandable concern for the Law Society. It has made a detailed submission to the Minister and the committee members on this. It is a reasonable point they make. The Minister has stated that the State and the taxpayer would...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: This concerns the issue previously outlined and I believe the Minister can accept the point that is being made. It is not about deleting the section but about making sure there is consistency with regard to the independence of the authority throughout the Bill. It is as simple as that.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I suggest, as a compromise, that the Minister consider the phrase "to the Minister and to the Houses of the Oireachtas". The Minister may say it is pedantic, but it may be a compromise.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: There is no harm in saying in the first instance that it should be made available to both the Minister and the Houses of the Oireachtas.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I am just trying to engage with the Minister on this.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: The reason this amendment has been tabled is that section 24(3) requires that, "The chief executive shall not be required to give account before the Committee for any matter which is...". We have concerns about its implications.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I thank the Minister. Obviously I read from the wrong subsection. It is an important matter and I appreciate the Minister's response. Section 23(2) reads: In giving evidence to the Committee under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: It concerns the issue of the independence of the authority and references to the Minister. We have not tabled amendments, but in anything that suggests the authority is accountable to the Minister, we want to demonstrate clearly in all sections throughout the Bill that it is independent. In the spirit of what the Minister has done to date, I ask him to consider these issues before Report Stage.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I accept that the deletion of the section would not be the way to deal with our concerns. Section 29(1) provides that the authority shall prepare and submit to the Minister a report. The way to deal with our concerns would to be to delete the words "to the Minister" and substitute "directly to the Houses of the Oireachtas". There must be no perception that the authority is under the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I will put my question again to the Minister. Will it be possible for the Minister to make available to us the amendments before Report Stage? Obviously, I will withdraw my amendment, but I ask for good faith and obviously reserve the right to table a stronger amendment on Report Stage. I hope I will receive something from the Minister on this and other matters before Report Stage that...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: We are tackling heavy stuff.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I appreciate the Minister's commitment to engage with the Law Society and the Department of Public Expenditure and Reform on this issue. There is no doubt about the independence of the new body because when it is finalised the legislation will enshrine it clearly in the public eye. The Minister knows better than most the issues the staff in the new authority will deal with are complex...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I am just alluding to the fact it was ruled out of order and nothing more. It was important to have a discussion on this matter today. I know the Minister cannot assure us today it will be resolved and I accept this, but if he is making a commitment he will engage with the parties and try to find a solution to this I will withdraw the amendment.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: One of the issues that have been debated here is the public perception that under the current system, the Law Society or the Bar Council, in investigating complaints through their respective structures, are essentially investigating themselves. However, if one actually examines in an honest way the structures of the Law Society and the Bar Council, one will see that they were very robust and...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: This is a matter of concern for a number of important stakeholders and I assume that in the spirit of what the Minister has done previously he will accept the amendment. It would not be acceptable for the Minister to be perceived to have control of codes of practice and other such matters. The separation of powers comes to mind. The Irish Council for Civil Liberties has expressed concern...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: A leap of faith is required in many of the assurances on such matters. Will the Minister assure us that in advance of Report Stage we will have sight of his amendments in advance of the deadline to submit amendments? We will have to resubmit the amendment on Report Stage, but if we had advance notice of the Minister’s changes – the previous one and the one under discussion...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: I am trying to double-check that what the Minister has stated is absolutely correct.

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. 54: In page 23, before section 17, to insert the following new section:17.—(1) The Authority shall, not later than 30 of April in each year, make a report (in this section referred to as the “annual report”) to the Minister and to the Oireachtas Joint Committee on Justice, Defence and Equality, or any Oireachtas Joint Committee that may replace that...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (15 Jan 2014)

Pádraig Mac Lochlainn: It is similar to previous amendments and in fairness we had a meeting of minds. I acknowledge that the Minister has addressed the very significant concern of the independence of the authority in previous amendments. There is consistency in the amendments he is introducing. In that spirit I will withdraw the amendment when the question is put.

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. 46: In page 22, before section 16, to insert the following new section: “16.—(1) The Authority shall, as soon as practicable after the establishment day and thereafter within 6 months before each third anniversary of the establishment day, prepare and submit to the Oireachtas Joint Committee on Justice, Defence and Equality, or any Oireachtas Joint Committee...