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Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I welcome the Minister to the House and thank her for accepting my amendment No. 54. We have compulsory insurance to drive a car. I agree with the Minister that indemnity insurance in this case seems eminently sensible. That is the reason for the word "shall". The new authority should draw up the regulations to implement that. Again, I thank the Minister.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I move amendment No. 54:In page 39, line 26, to delete “may” and substitute “shall”.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: What will be the effect of inserting "the opinion of the Law Society"? There are 105 amendments on pages 8 to 28 of the amendments list which all relate to page 41 of the Bill. This is confusing.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: Amendment No. 66 seeks to insert "the opinion of the Law Society". It refers to page 41, subsection (5)(a). I cannot find subsection (5)(a) in the Bill. I do not know where the opinion of the Law Society is to be inserted.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I cannot see where the opinion of the Law Society would fit in. Section 42 is quite a short section. It is extremely confusing.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: The amendment reads: "In page 41, in subsection (5) of the section 48 inserted by amendment 58 at Committee Stage in the Seanad, to insert “, in accordance with section 49,” after “shall”. In section 48 there are six uses of the word "shall". Therefore, we should have the legislation printed up again incorporating all those amendments because it is very difficult...

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: Yes.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: Not agreed.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: No.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: On the €15,000 penalty, we have seen headlines to the effect that top Irish law firms earn €250 million in fees and that the figure for revenue per lawyer is €850,000 and €950,000 for revenue by partner. We are not serious about proposing a fine of €15,000 as a deterrent for such people. The Bill states that in making an order the tribunal shall have...

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: Amendments Nos. 142 and 143 propose to delete "Legal Practitioners". I have set out how I feel and why I have made certain remarks as we have gone through this Bill. The amendments will delete the reference to "Legal Practitioners". I might insert the phrase when we discuss the conveyancing monopoly.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: As we go from local authority to Minister, to practising barrister, there is no definition of "monitor" in the definitions section.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I would be concerned that it is not somebody moving across either from the Bar Council or the Law Library. They seem to have had a particular influence on the Bill, securing posts in the new authority. Who is the monitor and what is he or she supposed to be doing? I think we need a definition.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: This was inserted by way of amendment No. 52 on Committee Stage in the Seanad. I cannot find any reference to the monitor in that section either. It has been a long day and it may be that somebody else will find it. We do not define him or her and I do not think we can rely on section 42 as inserted by amendment No. 52 on Committee Stage. The monitor is not mentioned if I have read it...

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I do not recall that.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I was unaware of that and I beg the Cathaoirleach's pardon as it was no discourtesy to him. Page 41 had 38 lines and it has now been amended 105 times. That must be an entry for the Guinness Book of Records.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: This gives functions to the Minister-----

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: It deals with the Minister for Public Expenditure and Reform and the Minister, Deputy Howlin, was not mentioned in my hearing. Very important functions are being taken away from him. As a person who monitors public expenditure-----

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I bow to the Cathaoirleach's experience. I did not hear the Minister, Deputy Howlin, mentioned once. I do not wish to have him deleted from the Bill. He has important functions in his role in appraising public expenditure in this country.

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Sean Barrett: I move amendment No. 182:In page 73, to delete lines 10 to 15.

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