Results 2,381-2,400 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: The limit could be three years.

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

Alan Shatter: I believe that there is a need for a time limit. The Bill already prescribes a three year time limit for making application to the legal costs adjudicator. Having paid a bill, there is a three year time limit within which one can make a complaint thereafter. It is important to have consistency in the legislation. Three years after someone has discovered there is a reason to complain is...

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

Alan Shatter: On the issue of admissible complaints, three years is prescribed in section 2(1) for admissible complaints and that addresses some of the issues we were discussing earlier. We are going to have another look at one or two aspects of this in order to ensure that they are in sync. The Bill on mediation is complementary to what we are doing here. In certain circumstances it creates the...

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

Alan Shatter: There is no issue with regard to the Law Society retaining certain functions. We have no difficulty discussing the matter with the Law Society. There are public interest issues of which we are very aware but this particular section does not give rise to any difficulty in the context of the objectives.

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

Alan Shatter: We have no difficulty at all.

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

Alan Shatter: I move amendment No. 89: In page 45, subsection (1)(b), line 21, to delete "partner, employee or former partner or employee" and substitute the following:"partner, employee, former partner or former employee".These are minor technical amendments to address a text alignment issue. We will all be suitably realigned.

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

Alan Shatter: I move amendment No. 90: In page 45, subsection (1)(ii), lines 29 and 30, to delete all words from and including "the" in line 29 down to an including "servant" in line 30 and substitute the following:"the partner, employee, former partner and or former employee".

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

Alan Shatter: I move amendment No. 91: In page 45, after line 48, but in Part 4, to insert the following new section: PART 5INFORMAL RESOLUTION OF COMPLAINTS RELATING TO INADEQUATE LEGAL SERVICES AND CHARGING OF EXCESSIVE FEES 45. - (1) For the purposes of this Part a legal practitioner shall be considered as having provided inadequate legal services where by act or omission the legal services actually...

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

Alan Shatter: That is the way the world stands at present. For reasons discussed in the debate on section 33, I must oppose the amendments tabled by the Deputies and press, on behalf of the Government, for the deletion of the sections in the reconfigured Part 3.

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

Alan Shatter: For reasons discussed in the debate on section 33, I must oppose the amendments tabled by the Deputies and press for the deletion of the sections in the reconfigured Part 3.

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

Alan Shatter: I move amendment No. 86: In page 42, subsection (1), lines 44 and 45, to delete all words from and including “shall” in line 44 down to and including “Minister,” in line 45 and substitute may make regulations”.Part 4, as it stands in the published Bill, consists of only three sections. The Government amendments Nos. 86 and 87 are minor amendments to remove...

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

Alan Shatter: I move amendment No. 87: In page 43, subsection (1), line 45, to delete “, with the consent of the Minister,”.

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

Alan Shatter: I appreciate the Deputy's comments. I have absolutely no difficulty and already have communicated to the Law Society that we are quite happy to engage with it on this and a number of issues from the public interest perspective. It of course is in the public interest that nothing be done to undermine a capacity for a swift response, should something untoward be identified that requires a...

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

Alan Shatter: As the Deputy will recall, the Bill provides for the legal services regulatory authority to engage in a process and to report on whether the public should have direct access to members of the Bar for contentious matters. In those circumstances, if one has direct access to members of the Bar for contentious matters, it means one will not be filtering one's legal problems through solicitors....

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

Alan Shatter: Let us deal with a number of issues first. This Bill, as the Deputies will recall, made provision, as was necessary and appropriate in the public interest, that the Law Society would continue to administer the compensation fund. The legislation in place in that regard was largely unaffected. The Bill envisaged that the financial inspectorate, currently attached to the Law Society that...

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

Alan Shatter: We have had a very interesting discussion on staffing issues. It would require extraordinary intellectual gymnastics to suggest this section, as it is, could remotely be perceived by anybody as undermining the independence of this body. I simply will not accept the proposal that it be deleted, which is the only matter before the committee.

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

Alan Shatter: I move amendment No. 75: In page 35, subsection (5)(b), line 23, to delete "such recommendations" and substitute "recommendations as to such matters".

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

Alan Shatter: I have given various assurances in dealing with this Bill. I am giving no assurance about this. I want to be very clear about it. There is a general obligation on the part of the Minister for Justice and Equality to ensure certain information is available and can be considered in the public interest with regard to any policy the Government may wish to follow or any legislative changes it...

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

Alan Shatter: Any report that is made should, of course, be published. Subsection (7) of section 30 provides that the Minister shall cause copies of any report referred to in this section to be laid before each House of the Oireachtas within 30 days of his having received it. Quite clearly, any report that is published and furnished to the Minister as prescribed in section 30 will be laid before both Houses.

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

Alan Shatter: I am satisfied that this section will fulfil its objectives.