Results 2,361-2,380 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: I move amendment No. 118: In page 51, before section 52, to insert the following new section:57.—(1) A Divisional Committee shall consider and investigate complaints made under this Part referred to it by the Authority. (2) When referring a complaint to a Divisional Committee the Authority shall prepare a summary of the complaint which document shall be furnished to the Divisional...

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

Alan Shatter: I move amendment No. 119: In page 51, before section 52, to insert the following new section:58.—(1) Where the Divisional Committee determines that the act or omission the subject of the complaint constitutes misconduct and that such conduct is of a kind that it does not warrant the making of an application in respect of the matter to the Legal Practitioners Disciplinary Tribunal for...

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

Alan Shatter: I move amendment No. 120: In page 51, before section 52, to insert the following new section:59.—(1) The Authority shall publish, in such manner as the Authority considers appropriate, a report on the performance of its functions under this Part. (2) A report referred to in subsection (1) shall include information in respect of the relevant reporting period of—(a) the number and...

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

Alan Shatter: I move amendment No. 113: In page 51, before section 52, but in Chapter 1, to insert the following new section:52.—(1) No answer or statement made, in the course of attempting to resolve a complaint in the manner specified in section 51*, by— (a) the complainant, or (b) the legal practitioner who is the subject of the complaint,may be used in any disciplinary, civil or criminal...

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

Alan Shatter: I move amendment No. 114: In page 51, before section 52, but in Chapter 1, to insert the following new section:53.—An agreement by a legal practitioner who is the subject of a complaint to attempt to resolve the complaint in the manner referred to in section 51*shall not be taken as an admission of any allegation of misconduct insofar as such misconduct consists of an act or omission...

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

Alan Shatter: I move amendment No. 115: In page 51, before section 52, but in Chapter 1, to insert the following new section:54.—Where the complaint relates to a solicitor and the Authority considers that the complaint or a part of the complaint would constitute fraud or dishonesty on the part of the solicitor, if substantiated, the Authority may— (a) proceed to carry out an investigation...

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

Alan Shatter: I move amendment No. 101: In page 46, before section 46, to insert the following new section:46.—(1) Subject to the provisions of this Part, on or after the coming into operation of this Part, where a person wishes to make a complaint that a legal practitioner has, by act or omission, been guilty of misconduct, the complaint shall be made to the Authority. (2) Subsection (1) shall not...

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

Alan Shatter: I move amendment No. 103: In page 46, before section 47, to insert the following new section:47.—(1) The Authority may make regulations regarding—(a) the making of complaints to the Authority under this Act, and (b) the procedures to be followed by the Authority and the Complaints Committee in investigating complaints under this Act.(2) Without prejudice to the generality of...

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

Alan Shatter: I move amendment No. 105: In page 47, before section 48, to insert the following new section:48.—The Authority may, with the consent of the Minister for Public Expenditure and Reform, make regulations prescribing the fee (if any) payable in respect of making a complaint made under this Act and the regulations may specify the circumstances in which the fee shall be refunded.".

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

Alan Shatter: I move amendment No. 107: In page 48, before section 49, to insert the following new section:49.—(1) A complaint shall not be considered by the Authority if in the opinion of the Authority—(a) it is frivolous or vexatious, or (b) it is without substance or foundation.(2) The Authority shall not consider a complaint in respect of a legal practitioner under this Part where it is...

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

Alan Shatter: I move amendment No. 109: In page 48, before section 50, to insert the following new section:50.—(1) Where the Authority receives a complaint it shall conduct a preliminary review of the complaint to determine—(a) whether or not the complaint is admissible, and (b) whether the complaint is an appropriate complaint to be dealt with under section 51*, or Chapter 2**.(2) The review...

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

Alan Shatter: I move amendment No. 111: In page 49, before section 51, to insert the following new section:51.—(1) Where the member of the staff of the Authority who conducted a review of a complaint under section 50* is of the opinion that—(a) the main substance of the complaint is that the standard of the legal services provided by the legal practitioner concerned to the complainant, has...

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

Alan Shatter: I move amendment No. 98: In page 46, before section 45, but in Chapter 1, to insert the following new section: "CHAPTER 1 Preliminary45.--(1) An act or omission of a legal practitioner may be considered as constituting misconduct where--(a) the act or omission involves fraud or dishonesty, (b) the act or omission is connected with the provision of legal services, where the legal practitioner...

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

Alan Shatter: They would primarily be considered by the complaints committee in the context of the individual issues which arise. Section 2(1) on admissible complaints is important, but it does not prescribe a limit where the complaint relates to fraud or dishonesty by a legal practitioner, which was the example I gave. We may need to do some tweaking. Primarily it would be an issue for the committee to...

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

Alan Shatter: I move amendment No. 92: In page 45, after line 48, but in Part 4, to insert the following new section:46.—(1) A complaint shall not be considered by the Authority under this Part if in the opinion of the Authority—(a) it is frivolous or vexatious, or (b) it is without substance or foundation.(2) The Authority shall not consider a complaint in respect of a legal practitioner...

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

Alan Shatter: I move amendment No. 93: In page 45, after line 48, but in Part 4, to insert the following new section:47.—A client of a legal practitioner may make a complaint to the Authority where the client considers that—(a) the legal services provided to him or her are or were of an inadequate standard, or (b) the bill of costs issued by the legal practitioner was excessive.".

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

Alan Shatter: I move amendment No. 94: In page 45, after line 48, but in Part 4, to insert the following new section:48.—(1) Where the Authority receives a complaint under this Part it shall conduct a preliminary review of the complaint to determine—(a) whether or not the complaint is admissible, and (b) whether or not the complaint is an appropriate complaint to be dealt with under this Part...

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

Alan Shatter: I move amendment No. 95: In page 45, after line 48, but in Part 4, to insert the following new section:49.—(1) Where the Authority admits the complaint pursuant to section 48and the main substance of the complaint is that the standard of the legal services provided by the legal practitioner concerned to the client has fallen short of the standard reasonably expected of a legal...

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

Alan Shatter: I move amendment No. 96: In page 45, after line 48, but in Part 4, to insert the following new section:50.—(1) The Authority shall establish a committee to consider reviews requested by complainants or legal practitioners in relation to determinations of the Authority under section 49. (2) The committee shall be composed of 3 persons, 2 of whom shall be lay persons and one of whom...

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

Alan Shatter: I move amendment No. 97: In page 45, after line 48, but in Part 4, to insert the following new section:51.—(1) Where the Authority admits a complaint pursuant to section 48and the main substance of the complaint is that the amount (or any part of the amount) of costs claimed by a legal practitioner in a bill of costs is excessive in a material respect and the Authority is of the...