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Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: Perhaps we can take that first batch and then I will come back to Deputy Clare Daly.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: The Chair was about to suggest that.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: If the Deputy wishes to come back to it and has a supplementary question, we will, of course, accommodate her. I have no doubt that our next speaker will concur with everything she said.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: His name might appear on the register.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: I call Deputy Mick Wallace.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: Does the Deputy think it is an area that might interest him post his role in these Houses?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: No. My leaving is planned to be on its own.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: Before Dr. Thornhill responds, I wish to highlight that a telephone is beeping. Could members and guests ensure that their devices are in switch-off mode, please? It is coming across on the microphones.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: You are very welcome to answer the question, Dr. Thornhill, but I can anticipate it. I gather the Bill is before the Seanad today. If there is any comment you wish to make or even if you wish to decline to comment, it would be acceptable.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: I think that is acceptable.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: I have some questions. Deputy Clare Daly may wish to come in afterwards. In his presentation Dr. Thornhill spoke about protecting and promoting the interests of consumers, while the advent of the complaints function has been referenced by Dr. Doherty. Is there a cut-off time? Are historical cases open to being addressed by the Legal Services Regulatory Authority, or might they be...

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: Are they members of the board of the Legal Services Regulatory Authority board or external appointees?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: In his opening remarks Dr. Thornhill mentioned the unification of the professions of solicitor and barrister. What does the proposition "translate the unification of" entail? Where stands the proposition? What has the Legal Services Regulatory Authority done to date in this area of responsibility?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: While it may be open to interpretation, it does not go as far as to suggest the structure of the unification of the respective professions. It does not suggest an option which entails interchangeability, with an individual holding a specific responsibility, that he or she can be a solicitor today and a barrister tomorrow or both on the one day.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: The Legal Services Regulatory Authority has not yet had an opportunity to address the area in detail.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: The issue of barristers holding clients' money was also referenced in Dr. Thornhill's opening address. On the other hand, solicitors hold clients' money. Deputies Mick Wallace and Jim O'Callaghan asked about young barristers and Dr. Thornhill and Dr. Doherty responded accurately in that regard. I do not want to walk into the dark side - one refers to the other as the dark side; I suppose...

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: However, it might not necessarily have been the pathway that they had planned when going through those years of study.

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: My final question is prompted by a remark regarding how complaints could be received. Could a complaint be received by the LSRA from a practicing solicitor or barrister and not just from members of the public?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: Would it apply where the withholding of moneys is concerned?

Joint Oireachtas Committee on Justice, Defence and Equality: Legal Services Regulatory Authority: Discussion (4 Jul 2018)

Caoimhghín Ó Caoláin: It is not prohibited.

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