Results 12,301-12,320 of 20,459 for speaker:Frances Fitzgerald

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I mentioned this in my introductory remarks and it is about a review of the Act. It is a standard legislative review clause, like others in the Statute Book, to provide that consideration will be given by the new regulatory authority as to how well the Act is functioning. It gives the new regulatory authority scope for recommendations to the Minister for Justice and Equality for future...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I take the Senator's point but this provision is in the Bill and it is very important. There will be much work in the first year for the authority to do and although there is some flexibility, a timeframe is laid down. The point was raised earlier about the size of this authority. We are not establishing an enormous new body because we want a small but efficient authority. We are talking...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I emphasise that there will be annual reports to the Dáil and the Seanad. That will give Members of the Oireachtas an opportunity to evaluate and debate the progress of the new authority. They will be able to bring people into the committee structure as well. I do not doubt that they will avail of such an opportunity. I will have a look at the timeframes again in advance of Report...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: Yes. The Senator has made a relevant point. The matter has also been discussed by Ministers at meetings of the Justice and Home Affairs Council. There is a real need Europe-wide to do more on e-conveyancing. The Law Society of Ireland has done a lot on the subject. Also, I have spoken to Minister Noonan about financial institutions because the banks need to do more on this matter. If...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This is a straightforward amendment to reflect the merging of various statutory bodies to create the Irish Human Rights and Equality Commission and the Competition and Consumer Protection Commission. There has been no shift away from policy. In the meantime we have had a merger and the amendment reflects the changed names of the bodies involved.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I am satisfied with the proposal in the Bill, which provides for a good balance on the board. The lay majority on the board is important. I remind the House that persons are to be nominated by independent bodies and must have a set of skills, as laid down in the Bill. While the Legal Services Regulatory Authority will be independent of Parliament, I have no doubt its representatives will...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I referred to the 11 members of the authority, five of whom will be from the legal professions and six of whom will be laypersons. There are always other bodies that people would like to have represented on boards and that is an understandable view. I have no doubt that many skilled non-governmental organisations with a significant interest in this area will closely follow the work of the...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This issue was discussed in great detail in previous debates and I referred to it on Second Stage, both here and in the Dáil. The Government amendments that were made in 2013 with the insertion of sections 8 to 10, inclusive, were broadly welcomed at the time. There is no reason to revisit or reconsider these sections as they are still understood to be a great improvement on the...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: On Senator O'Donovan's point, it would not apply in that situation. It is only if a person actually practises as a solicitor or barrister. I am satisfied at the changes to the Bill. When it was discussed on Second Stage in the Dáil and here, the issues of the independence of the authority and the role of the Minister were raised. Substantial changes have been made in that regard by...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: That issue is carefully formulated in terms of ensuring the independence of the body. While I take the point the Senator makes, it is very carefully formulated as drafted. On Senator Barrett's points, I note that the provision is a basic three-month benchmark. Of course, the authority will be able to call extra meetings when it gets up and running and deals with the scale of work involved...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: Yes.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: The authority will have the power to advertise about its consultations on codes in any event. It has that power.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: The provisions relate to the new authority’s issuing its own codes of practice as opposed to the codes of the legal professional bodies. In this regard, it is right that the relevant powers be exercised as the independent regulatory authority considers appropriate and that a legal professional affected by a code of the authority, which may be considered to be oppressive, unreasonable...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: The purpose of the provision in the Bill is to protect the independence of the legal profession.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: We are not as far apart on this matter as the Senator might think. This section relates to the staffing of the new legal services regulatory authority. My amendment No. 28 inserts a new subsection (4) which is intended to clarify the status of the staff of the new body as public servants. This means they will not be working as civil servants for any Department or office, thereby reflecting...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This amendment provides for a change in regard to superannuation. It is being brought forward for technical reasons following discussions with the Department of Public Expenditure and Reform. The provision will ensure the new regulatory authority has the flexibility and discretion to make such superannuation arrangements as may be necessary.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This is a new, independent body. The legal services regulatory authority will decide how to advertise for the majority of its staff. When the debate on this legislation took place in the Dáil and during the Second Stage debate in this House, it was clear that most if not all Members in both Houses felt that there was a case to be made, given the decades of experience among the staff in...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: Amendments Nos. 32 and 33 are Government amendments which are intended to reflect the fact the new authority, which is to be self-funding by means of a levy on the legal professions it is regulating, will have clear discretion to use any fees it raises in support of carrying out its functions independently under the Bill. I would like to mention at this point that I may come back with a...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: We have already discussed the issue of conveyancing. I have said to the Senator that I will revert to him on this on Report Stage having examined it. I take the points the Senator makes. Obviously, I will have to proceed while taking into consideration the range of other reports requested and the sort of sequencing that exists. I do not want to swamp a new authority with responsibility...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: We have discussed in detail the inspection issues. This is the situation where the Law Society under the oversight of the legal services regulatory authority will retain its existing investigative, protective and disciplinary powers in the financial regulation of solicitors under the Solicitors Acts. The Law Society will continue to oversee implementation of the solicitors' accounts...