Results 2,621-2,640 of 9,147 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 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: 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 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: 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....
- 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: 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: 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: 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.