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Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 167: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Power of Authority to specify measures 83.(1) Where the Authority is satisfied that a provision of this Part or regulations made under it are not being, or have not been, complied with by the multi-disciplinary practice or managing legal practitioner concerned, it may, in accordance...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 168: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice 84. (1) Where a multi-disciplinary practice or, as the case may be, a managing legal practitioner, fails to comply with a notice under section 83, the Authority may...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 169: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Regulations on operation of legal partnerships and multi-disciplinary practices 85. (1) The Authority shall make regulations in relation to the operation and management of a legal partnership or a multi-disciplinary practice. (2) Without prejudice to the generality of subsection (1),...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 170: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Public consultation on operation etc., of legal partnerships, multi-disciplinary practices 86.(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,...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 171: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Public consultation on certain issues relating to barristers 87.(1) The Authority shall engage in a public consultation process on—(a) the extent, if any, to which the restriction on legal practitioners, other than solicitors, holding the moneys of clients, as provided under...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 172: In page 67, between lines 22 and 23, to insert the following: “PART 8 OBLIGATIONS OF PRACTISING BARRISTERSRoll of practising barristers 76.(1) The Authority shall—(a) set up and maintain a roll of practising barristers (in this Part referred to as the “roll”), and (b) within six months of the commencement date, enter on the roll the name...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Very simply. This brings us back tononemus mutare, or we will not be changed. That is the special plea from the Bar, saying "do nothing, change nothing, do not allow members of the barristers profession to operate as partners, do not allow them to open chambers, do not allow them to share fees, do not allow for any change of any description because this is our motto: nonemus mutare". It is...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I presume it will exist. In my early college years when I did not know what it was I wanted to do, I studied philosophy and I always found Descartes extremely interesting. One of the great Cartesian principles, in wondering what the world is really about is, "I think, therefore I am". I think the Bar Council exists, therefore it will be. It will have its code, which will have to be in...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Yes, insofar as it provides for a restrictive practice that the legislation makes clear is no longer legally allowed.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Deputy Mac Lochlainn flatters me.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: If Deputy Mac Lochlainn is going to get the candle and the bottle of wine, could I put in a claim for a gin and tonic and a packet of peanuts?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: One roll will be maintained for both.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I got one thing wrong when I suggested we would maintain two rolls. One roll for both will be maintained by the regulatory authority, rather than one roll being maintained by the Bar Council. I was inaccurate because I was thinking of an earlier issue. That is the reason the regulatory authority, rather than the Bar Council, will maintain the roll. I apologise if I gave the wrong...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I value the Deputy's insights and experience in our deliberations on the Bill. He raised an important issue. It is one to which we have given some thought. It is interesting, arising from our deliberations, that an issue arises regarding whether we bring forward additional provisions and amendments to this provision on Report Stage having teased it out further, which we want to do. The...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I might take them in reverse order. There is a great advantage in having representative bodies such as the Law Society representing solicitors and the Bar Council representing barristers and they have an important role to play. I am open to correction but I am not sure that barristers who are not currently members of the Law Library are officially represented by the Bar Council but I agree...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: The problem with the Deputy is that he sees bugs everywhere.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Apparently he even reads scripts that might have been derived from people being bugged, which is interesting.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am conscious that we are in a time of change and organisations have difficulties with change. I hope that when we move from enacting the Bill, the legal services regulatory authority is in place and change has been effected, in two or three years the Law Society will represent all practising solicitors and the Bar Council will represent all practising barristers, be they members of the Law...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: That is a really important issue. As Deputies know, the legislation contains a separate provision allowing the legal services regulatory authority to review the area of legal education and what changes might need to be effected to ensure that the doors are kept open and to ensure that those who wish to become a member of either profession can to do so and that nothing impedes that. The...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 173: In page 68, between lines 3 and 4, to insert the following:“Entry of name on roll 77. (1) A person who has been called to the Bar of Ireland and who intends to provide legal services as a barrister shall apply to the Authority to have his or her name, and additional information relating to him or her, entered on the roll and the Authority, on being satisfied...

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