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

Niall Collins: Is it correct that the Minister is not putting a time constraint on the term of office of the CEO?

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

Niall Collins: No, I was just reading the Bill. The Bill provides that a person who has held office as chief executive shall be eligible for reappointment but shall not hold office for a period the aggregate of which exceeds ten years. Is it correct that this provision is being deleted?

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

Niall Collins: Therefore, the CEO can now hold office for more than ten years.

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

Niall Collins: How will the position of the CEO relate to similar positions in the Civil Service and the public service? At what level will the appointment be made? Will it be at assistant secretary, principal officer or Secretary General level? What grade is being considered?

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

Niall Collins: The Minister has asked for our views and I concur with Deputies Mac Lochlainn and Farrell. We must have a sense of proportion on this. We are talking about 16 individuals. We are not getting into hundreds and thousands. We seek a transfer of undertakings regarding these staff. Am I right that the number is 16?

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

Niall Collins: In terms of a sense of proportion, that is it. The points have been very well made about expertise and working knowledge. In establishing the Criminal Assets Bureau, CAB, or the Garda Síochána Ombudsman Commission, we put in place people who had knowledge and skill in those areas of work in those organisations, and we need to do the same here. Deputy Mac Lochlainn made the point...

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

Niall Collins: In his consideration of what he has heard - I think we are all on the same page - will the Minister undertake to sit down and negotiate with the Mandate trade union which represents the 16 workers involved? I ask him to bear in mind my comment on proportionality. Some of the 16 post holders may wish to retire.

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

Niall Collins: I move amendment No. 71a: In page 29, lines 11 to 14, to delete subsection (2).

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

Niall Collins: It would make sense to withdraw the amendments. Will the Minister give an assurance that he will bring forward an amendment on Report Stage to address the issue?

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

Niall Collins: I ask the Minister whether he could engage with the Law Society on this matter because it is something which is particularly critical to the proper functioning of the new authority in conjunction with the Law Society. Can the Minister articulate his rationale for seeking to permit members of the Bar Council to handle, retain and hold client moneys?

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

Niall Collins: Could the Minister address my query in respect of the intention in the Bill to allow members of the Bar Council to hold client moneys?

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

Niall Collins: I move amendment No. 81: In page 36, line 24, to delete “legal practitioner” and substitute “solicitor”.

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

Niall Collins: I move amendment No. 83: In page 36, lines 27 to 33, to delete all words from and including “A Legal” on line 27 down to and including “the” on line 33 and substitute the following: “The”.

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

Niall Collins: I move amendment No. 84: In page 40, lines 24 to 34, to delete subsections (6) and (7).

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

Niall Collins: I move amendment No. 85: In page 40, lines 49 to 51 and in page 41, lines 1 to 4, to delete subsection (10).

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

Niall Collins: I move amendment No. 88: In page 44, subsection (3), line 6, to delete “Minister” and substitute “Authority”.

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

Niall Collins: Any informal process which will help the consumer to arrive at a speedy and acceptable resolution is welcome.

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

Niall Collins: In determining the admissibility of complaints after the three-year period, who will set down the criteria, or will they be examined on a case-by-case basis? Will somebody develop criteria for the admission of complaints outside of three years? The Minister instanced an example and I am sure we could come up with endless scenarios.

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

Niall Collins: I move amendment No. 136: In page 59, subsection (3)(b), between lines 8 and 9, to insert the following:“(viii) in the case of a legal executive that the name of the legal executive be struck off the roll of legal executives.”.These relate to the Irish Institute of Legal Executives, which seeks a degree of formal recognition as significant players in the provision of legal...

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

Niall Collins: Can the Minister tell us why, given that legal executives are such major players in the industry?

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