Results 2,341-2,360 of 19,162 for speaker:Alan Shatter

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 will be opposing the amendment, which was previously considered by me in the context of the Bar Council's March 2012 report. I consider the provisions of the Bill as amended in relation to the disciplinary tribunal and its relationship with the High Court to be more than adequate for the purposes of the Bill and its objectives. I will, in any event, be returning to this Part for further...

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

Alan Shatter: I am saying I do not believe there is a need for the amendment.

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

Alan Shatter: In the context of the current law, and having regard to the content of the Bill as amended, I do not believe the Deputy's amendment is necessary. In the context of some of the issues that we are dealing with here, there are a small number of additional amendments we are considering that had not been dealt with or finalised with the Office of the Attorney General prior to the commencement of...

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

Alan Shatter: They are of relevance to the overall issue, but we do not believe there is a need for-----

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

Alan Shatter: -----and I am advised that there is not a need for the particular amendment that is proposed here. If the Deputies want to simply withdraw their amendment and bring it back in on Report Stage, in the context of the additional amendments we will introduce, then obviously I have no difficulty of any description with that. I hope we will be able to assure the Deputies that it is not needed in...

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

Alan Shatter: I move amendment No. 122: In page 51, subsection (1), line 19, to delete “Government” and substitute “President of the High Court”.The amendment provides that the disciplinary tribunal will now be appointed by the President of High Court rather than by the Government as a mark of the tribunal’s independence. Amendment No. 123 provides that one of the persons...

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

Alan Shatter: I move amendment No. 123: In page 51, lines 28 to 43, to delete subsections (2) to (4) and substitute the following:“(2) One of the persons appointed under subsection (1)shall be appointed as chairperson of the Disciplinary Tribunal. (3) The Minister shall ensure that those lay persons nominated to be members of the Disciplinary Tribunal are persons who are independent of 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. 124: In page 52, subsection (5), line 1, to delete “Subject to subsections (3)and (4) where” and substitute “Where”.

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

Alan Shatter: I move amendment No. 125: In page 52, subsection (6), line 4, to delete “Subject to subsections (3)and (4)where” and substitute “Where”.

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

Alan Shatter: I move amendment No. 126: In page 52, before section 54, to insert the following new section:54.—(1) The person appointed as chairperson of the Disciplinary Tribunal shall— (a) where the person is a legal practitioner, have practised as a barrister or solicitor for not less than 10 years, (b) where the person is not a legal practitioner, have knowledge and expertise...

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

Alan Shatter: I move amendment No. 127: In page 52, before section 54, to insert the following new section:55.—An application for the holding of an inquiry by the Disciplinary Tribunal under this Part shall be made by the Authority.”. This provides that an application for the holding of an inquiry by the disciplinary tribunal will be made by the authority. Amendments Nos. 128 and 129 are two...

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

Alan Shatter: We are still reflecting on that matter. I do not have a closed mind on it. Just as we have increased the numbers in relation to the committee, we are giving further thought to that end of things as well.

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

Alan Shatter: If there is to be an increase in the numbers then we will be dealing with the matter on Report Stage.

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

Alan Shatter: Perhaps I could respond to two issues. Deputy Finian McGrath referred to a professional, independent and impartial system to adjudicate on allegations of misconduct and emphasised the importance of such a system being in place in which there can be public confidence to deal with fraud or dishonesty. That matter has been at the heart of this Bill since it was published - that is, to have a...

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

Alan Shatter: I move amendment No. 116: In page 51, before section 52, but in Chapter 1, to insert the following new section:55.—The Authority shall prepare and publish guidelines in relation to the resolution of complaints by mediation or informal means and those guidelines may —(a) set out the process whereby a determination can be made in respect of whether a complaint can be resolved by...

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

Alan Shatter: I move amendment No. 117: In page 51, before section 52, to insert the following new section: “CHAPTER 2 Consideration of complaints by Complaints Committee56.—(1) The Authority shall establish a committee, to be known as the Complaints Committee, for the purpose of considering and investigating complaints referred to it by the Authority under this Act. (2) The term of office of...