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

Niall Collins: It is a fair point to state the law profession should have equal representation around the board table rather than being in a minority.

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

Niall Collins: We will have a chairperson.

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

Niall Collins: I move amendment No. 8: In page 13, before section 8, to insert the following new section:"8.—(1) The Authority shall consist of 13 members. (2) Subject to the provisions of this section, the members of the Authority shall be appointed by the Government and shall consist of the following persons:(a) 2 persons nominated by the Bar Council of Ireland; (b) 2 persons nominated by the Law...

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

Niall Collins: I move amendment No. 9: In page 13, lines 6 to 10, to delete subsection (2) and substitute the following:"(2) (a) The members of the Authority, other than the lay members, shall be appointed by the Government. (b) The lay members of the Authority shall be appointed by the President of the High Court.".

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

Niall Collins: My question on the appointment of members to achieve a gender balance on the authority's board relates to this and the previous section. If all of the nominees are male or female, how does the Minister propose to tackle the situation?

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

Niall Collins: I know.

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

Niall Collins: I move amendment No. 21: In page 15, before section 9, to insert the following new section:"9.--(1) Subject to this Act, the Authority shall be responsible for overseeing the regulation of the provision of legal services by legal practitioners in the State, in an independent manner and shall ensure the maintenance and improvement of standards in the provision of such services in the State....

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

Niall Collins: I do not know if the following is the opinion of the Minister or whether he was quoting from a troika report. There was an indication that legal fees represent a significant drag on the economy and competitiveness. I am sure others will share my opinion that nobody in the legal profession is recession-proof, least of all barristers and solicitors. We all know how the recession has affected...

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

Niall Collins: Are we going to finish the section?

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

Niall Collins: I move amendment No. 22: In page 15, before section 9, to insert the following new section:“10.—Without prejudice to the generality of section 9, the functions of the Authority under this Act shall include—(a) overseeing the regulatory bodies for the legal professions of barristers and solicitors so as to promote the regulatory objectives of this Act, (b) overseeing the...

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

Niall Collins: I move amendment No. 23: In page 15, before section 9, to insert the following new section:“11.—For the purposes of this Act, the regulatory objectives of the Authority are as follows— (a) maintaining and supporting—(i) the constitutional principle of the rule of law, (ii) the proper and effective administration of justice,(b) protecting—(i) the interest of...

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

Niall Collins: I move amendment No. 24: In page 15, before section 9, to insert the following new section:“12.—For the purposes of this Act, the professional principles are the principles that barristers and solicitors providing legal services should adhere to and include—(a) maintaining and protecting the proper and effective administration of justice, (b) acting with independence in...

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

Niall Collins: I move amendment No. 25: In page 15, before section 9, to insert the following new section:13.—(1) The Authority shall keep under review the rules or codes of conduct of the Bar Council and of the Law Society in general and, in particular, in relation to the receipt and investigation of complaints in relation to barristers and solicitors. (2) The Law Society and the Bar Council shall...

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

Niall Collins: I move amendment No. 26: In page 15, before section 9, to insert the following new section:14.—(1) Arising out of a review carried out under section 10, the Authority may make such written recommendations to the professional body concerned as the Authority considers appropriate regarding—(a) the rules, or codes of conduct of the Bar Council and the Law Society, (b) the...

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

Niall Collins: I move amendment No. 27: In page 15, before section 9, to insert the following new section:15.—(1) If the Authority is not satisfied with the response received from the professional body concerned under section 13(4), the Authority may direct the body concerned to implement any recommendation made by it under section 14(1) or such amended recommendation as the Authority may make under...

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

Niall Collins: I move amendment No. 28: In page 15, before section 9, to insert the following new section:16.—The Authority shall include a report on the performance of its functions under sections 13, 14 and 15 of this Act in the annual report submitted by it to the Oireachtas under section 17.”.

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

Niall Collins: I move amendment No. 30: In page 15, subsection (2)(a), to delete lines 24 to 26 and substitute the following:“(i) perform the functions conferred on it by, or by regulations under, any other provisions of this Act including, in particular, Part 5;”.

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

Niall Collins: I move amendment No. 35: In page 16, lines 33 and 34, to delete subsection (3) and substitute the following:“(3) The Authority shall be independent in the performance of its functions.”.

Order of Business (18 Jul 2013)

Niall Collins: One more sheep back in the pen.

Order of Business (18 Jul 2013)

Niall Collins: The Tánaiste is tied to his friends.

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