Results 10,361-10,380 of 20,459 for speaker:Frances Fitzgerald

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: The combination of amendments proposed by Deputy Collins seeks to bring legal executives directly within the conduct, disciplinary and financial levy provisions of the Bill as a formally recognised and regulated profession. Amendment No. 50 does so in regard to the new complaints regime, while amendments Nos. 51 and 52 relate to striking-off referrals made through the High Court. Amendments...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I will first turn to amendment No. 53a, as proposed by Deputy Murphy. This Bill does not discriminate against any type of barrister but recognises them all, including for levy purposes. I think the amendment is based on a misunderstanding of that. This amendment totally replaces section 79 of the Bill with a new text. From what I can see, the main thrust of the proposed replacement of the...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I do not think Deputy Mac Lochlainn has tabled a particular amendment at this point.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: On Committee Stage, the Bill was amended to provide in detail for a fair and equitable calculation and payment of a levy on legal practitioners in order to fund the operational expenses of both the legal services regulatory authority and the legal practitioners disciplinary tribunal. The new levy provisions reflect a broadening of the traditional model of the provision of legal services by...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 56a:In page 68, line 1, to delete “of solicitors on the roll of solicitors” and substitute “of practising solicitors”.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 59a:In page 69, to delete lines 26 to 28 and substitute the following:“(b) a reference to the number of practising solicitors is a reference to the number of solicitors holding a practising certificate in the financial year to which the expenses concerned relate, less the number of such solicitors to whom section 81 applies.”.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 61a:In page 71, to delete lines 16 to 19 and substitute the following:“ “contentious matter” means a matter that arises in, and that relates to the subject matter of, proceedings before any court, tribunal or other body or person before which the respective legal rights and obligations of two or more parties are determined, to which the person...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 61b:In page 71, line 24, to delete “persons” and substitute “individuals”.This group of amendments tightens up the governance of the new legal practice models, namely, legal partnerships and multidisciplinary practices. This will be subject to public consultation under the amendment taken earlier today in this area. Amendment No. 61bprecludes...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 66a:In page 71, after line 35, to insert the following:“Notification of Authority of commencement, cessation of provision of legal services by a legal partnership 87.(1) A legal partnership that intends to provide legal services—(a) shall notify the Authority, in accordance with subsection (3), of that fact, and (b) shall not provide such services until it...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 66b:In page 71, after line 35, to insert the following:“Legal partnership to have professional indemnity insurance 88.(1) A legal partnership shall not provide legal services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which adequately covers the legal partnership in the provision of those...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 68a:In page 72, line 24, to delete “The following” and substitute “Subject to subsection (5), the following”.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 68b:In page 72, line 35, to delete “solicitors.” and substitute “solicitors;”.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 68c:In page 72, between lines 35 and 36, to insert the following:“(d) a person who is an unqualified person; (e) a person who, having been a qualified barrister, is disbarred (other than a person who has procured himself to be disbarred with a view to being admitted as a solicitor); (f) a person who, being a solicitor in another jurisdiction, is not a solicitor...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 69a:In pages 72, line 38 and in page 73, line 1, to delete “or an employee of”.

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 74a:In page 75, line 30, after “of” where it secondly occurs to insert “a legal partnership or, as the case may be,”

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 76a:In page 77, between lines 30 and 31, to insert the following:“Regulations on operation of legal partnerships and multi-disciplinary practices 97. (1) Subject to this section, the Authority may make regulations in relation to the operation and management of—(a) legal partnerships, and (b) multi-disciplinary practices.(2) The Authority shall—(a)...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 76b:In page 77, to delete lines 31 to 40, and in page 78, to delete lines 1 to 13 and substitute the following:“Authority to maintain register of legal partnerships and multi-disciplinary practices 98. (1) The Authority shall maintain a register of—(a) legal partnerships that have notified it in accordance with section 87(1)(a), and (b) multi-disciplinary...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 77a:In page 78, to delete lines 14 to 26 and substitute the following:“Public consultation on operation etc., of legal partnerships 98. (1) The Authority—(a) immediately following its establishment, shall, and (b) periodically thereafter, may, engage in a public consultation process in relation to the regulation, monitoring and operation of legal...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 78a:In page 78, between lines 26 and 27, to insert the following:“Report on operation etc., of multi-disciplinary practices 99. (1) The Authority shall, no later than 6 months following the establishment day, make a report (“initial report”) to the Minister on the establishment, regulation, monitoring, operation and impact of multi-disciplinary...

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage (22 Apr 2015)

Frances Fitzgerald: I move amendment No. 80a:In page 79, between lines 27 and 28, to insert the following:“Review of operation of this Part 100. (1) The Authority shall—(a) not later than 4 years after the commencement of section 84, and every 5 years thereafter, commence a review of the operation of this Part, insofar as it relates to legal partnerships, and (b) not later than 1 year after the...