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

Alan Shatter: I move amendment No. 130: In page 54, lines 41 to 47 and in page 55, lines 1 to 6, to delete subsections (2) to (5) and substitute the following: “(2) An inquiry under this section shall be conducted by way of oral hearing and subject to subsection (3) shall be heard in public. (3) Where the Disciplinary Tribunal are satisfied that it is necessary to do so in the interests of justice,...

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

Alan Shatter: I move amendment No. 131: In page 55, subsection (8), line 12, to delete “complainant” and substitute “Authority”.

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

Alan Shatter: I move amendment No. 132: In page 55, between lines 14 and 15, to insert the following subsection: “(9) If the Tribunal considers that, for the purposes of the inquiry, it requires the advice or assistance of an expert in respect of any matter, it may, subject to such terms and conditions as it may determine, appoint such number of persons having expertise in relation to the matter...

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

Alan Shatter: I move amendment No. 133: In page 55, between lines 20 and 21, to insert the following subsection: “(10) A determination referred to in subsection (9) shall—(a) be in writing, (b) specify the reasons for the determination, (c) specify the sanction to be imposed (if any) pursuant to section 59 or 60, and (d) be notified to the legal practitioner, the complainant, and the...

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

Alan Shatter: I move amendment No. 134: In page 56, paragraph (g), line 3, to delete “client” and substitute “complainant”.

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

Alan Shatter: I move amendment No. 135: In page 56, paragraph (h), line 12, to delete “and” and substitute the following:“(i) a direction that the legal practitioner pay a sum, not exceeding €15,000, as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party; and”.

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

Alan Shatter: That is an issue for another day and not for this Bill. The Bill deals with solicitors and barristers and a range of regulatory issues relating to the issue of the legal professions. It is not my intention to extend the Bill to apply to other groups, including legal executives. It may be an issue for other legislation on another day but this is a substantial Bill and it is in the public...

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

Alan Shatter: The answer is that this is a Bill dealing with solicitors and barristers.

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

Alan Shatter: I could have given the same answer to Deputy Niall Collins. There is a broad range of other individuals engaged in matters of some relevance, directly or indirectly, to legal services such as notaries public, legal cost accountants, legal executives and others. I could go on in the context of the manner in which people describe themselves and their engagements. I am not in any way being...

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

Alan Shatter: No, I said it requires a far broader debate. I did not say I intended to bring forward legislation. If there were to be legislation, before any Government or Minister makes a decision, there is a need for a wider debate on the roles of legal executives, the outer limits of the roles and what education system should be put in place to ensure consistency of knowledge and education. We should...

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

Alan Shatter: I move amendment No. 138: In page 60, before section 69, but in Part 6, to insert the following new section: "PART 6Imposition of Levy on Professional Bodies and Certain Barristers to Cover Expenses of Authority and Disciplinary Tribunal 69.—(1) Subject to section 71, the following shall, in accordance with this Part, pay to the Authority in each financial year a levy in the amount...

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

Alan Shatter: I will respond by saying that there has been extensive engagement with both of the professional bodies. We have also had regard to any submissions we received. I would agree that any levy should apply to practising solicitors. We cannot levy the Law Society for retired, struck-off or deceased solicitors. No one is suggesting that we should do so. Indeed, there are one or two solicitors...

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

Alan Shatter: I have been very particular about the references to the levy to be paid by solicitors and barristers and by barristers who are members of the Law Library and those who are not to ensure the manner in which it has been dealt with is fair and appropriate based on a number of matters. The Deputy has raised an issue that is a little bit previous as this is dealt with in Part 8 and we will deal...

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

Alan Shatter: I am sure I would get a round of applause from my colleague, the Minister for Public Expenditure and Reform, Deputy Howlin if we were to return a dividend. That is not the way it works. Clearly there will be a start-up year and the State will have to deal with the cost of the start-up year. It is envisaged that the sums payable by the professions will be retrospective to a degree. I want...

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

Alan Shatter: We engage with great regularity with the Bar Council and the Law Society but I am anticipating further engagement in the coming days.

Written Answers — Department of Justice and Equality: Immigration Policy (16 Jan 2014)

Alan Shatter: The Deputy’s assertions that the Irish Immigration system does not allow Chinese nationals to work or secure permanent residence in Ireland are untrue. In fact, in 2013 alone, approx 11,000 Chinese nationals were registered in the State in respect of that year. These persons are registered for the purposes of employment or study, to operate a business or as a dependant family member...

Written Answers — Department of Justice and Equality: Departmental Expenditure (16 Jan 2014)

Alan Shatter: I can inform the Deputy that photographic services are only used by my Department to mark and provide a record of significant occasions. Consideration is given at all times to the costs involved and best value for money is always a priority when sourcing such services. The photography costs incurred by my Department and agencies under my remit from the date of my appointment on the 9th...

Written Answers — Department of Justice and Equality: Public Relations Contracts Data (16 Jan 2014)

Alan Shatter: During the period in question, my Department has only used the services of external public relations firms to provide training to staff as follows: Date Name of Company Services Provided Expenditure € 2011 Carr Communications Limited Communications Training Module 550.00 2013 Carr Communications Limited Training Courses 3,275.00 It is my Department's policy to use in house...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (16 Jan 2014)

Alan Shatter: I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was processed by the Garda Central Vetting Unit (GCVU) and returned to the Authorised Signatory in FÁS on 10 December, 2013.

Written Answers — Department of Justice and Equality: Proposed Legislation (16 Jan 2014)

Alan Shatter: The Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and in the Spent Convictions Bill....

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