Results 12,441-12,460 of 20,459 for speaker:Frances Fitzgerald

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: I do not have anything further to add because each one of these changes is literally a number change to the section, consequent on the amendments that have been inserted.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: I am happy to accept amendment No. 9a proposed by the Senator providing that the Honourable Society of the King's Inns be inserted into the Bill for the purposes of definition of a professional body. This was something of an oversight to begin with and I am happy to accept the amendment.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: This amendment has been tabled to make it clear that the definition of a "professional body" means the Bar Council, the Law Society or such other body of legal practitioners as the authority may prescribe.The substitution of "Authority" for "Minister" is in line with the overall objective of the Bill, which is to have an independent body established to regulate legal services. We will now...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: This amendment reflects the policy decision taken by Government that a review of the effectiveness of the legislation should be conducted within 18 of the enactment of the Bill rather than within the longer two-year period we agreed earlier. Amendment No. 14 is a technical amendment to better clarify the application of the section, specifically by reference to Part 7 of the Bill, which would...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: I thank Senator Barrett. This is important. It also suggested the 18-month review and I am very happy to do that. We will have new legal partnerships and a new body. It is important to review that and I am happy to do the 18-month review.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: This is the reference to the numbers in the sections.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 20 is a technical amendment to ensure the correct reference to the Act concerned. Amendment No. 23 is being tabled so that the provisions on the functions of the authority better reflect the new powers of inspection provided for in Part 3, as inserted, that is, the authority's powers to investigate complaints under Part 5 and the authority's responsibility to maintain the roll...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: I think the amendment is appropriate and I am glad to accept it.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: This is a reference to the numbers of the sections again.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 24 has been tabled by Senators Barrett and Quinn. It proposes to insert a reference to the disparity of costs arising in regard to a grant of probate as between a lawyer and a lay person. While I can see that this is intended to highlight this specific issue there are numerous other issues like this which I am sure the new regulatory authority will, undoubtedly, be dealing...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Yes.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: All I can say is that it is those kinds of cost anomalies that one would expect a legal services regulatory authority to deal with. Schedule 1 deals with the whole cost issue. We are bringing a new transparency to costs. For example, somebody availing of legal services must be told upfront what the costs are going to be. As the Senator will know, in the past we have had a lot of...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: This amendment creates a new subsection (3) which provides that any fees or allowances due to consultants and advisers shall form part of the expenses of the new authority.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 28 deals both with the power of the legal services regulatory authority to obtain information and documentation from legal practitioners and the protection of the legal professional privilege rights of persons in respect of any such information and documentation. The amendment inserts a new section 17 which obliges a legal practitioner, if so requested by the authority, to...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: We must be able to hold lawyers in breach of regulations to account while also protecting the client. The purpose of the original section 17 was to provide protection against the disclosure of confidential information obtained by the authority or its staff in the course of the performance of its functions and make any such disclosure, other than in accordance with the section, a criminal...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: It is subject to certain exceptions.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Are we dealing with amendments Nos. 31, 32 and 34?

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Consultation with the legal professional bodies is already provided for in several sections of the Bill. It is provided for in dealing with matters such as the authority's drafting of codes of practice under section 20; its review of professional codes under section 21; its review of the operation of the Bill under section 6; and its development of regulations for professional indemnity...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: The points Senator Trevor Ó Clochartaigh has just raised are dealt with in amendments Nos. 33, 35 and 36. We are making provision for the staff working in the Law Society of Ireland who are currently handling complaints to transfer. Senator Gerard P. Craughwell raised a question about qualifications. As laid out in the Bill, the reference is to staff who have experience of dealing...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 33 is consistent with the new section I introduced to the Bill on Committee Stage in the Seanad to deal, in a practical way, with the staff of the two legal professional bodies who have appropriate expertise in dealing with public complaints and whose functions are about to be taken up by the new regulatory authority under the Bill. Given there was cross-party support for it...