Results 2,401-2,420 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. 76: In page 36, before section 33, to insert the following new section: "PART 3 HOLDING OF CLIENTS’ MONEYS BY LEGAL PRACTITIONERS33.—(1) Subject to subsection (2), a legal practitioner shall not hold moneys of clients unless that legal practitioner is a solicitor. (2) Notwithstanding subsection (1) the Minister may by regulations prescribe a class or classes...

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

Alan Shatter: This section is very much along the lines of the architecture of similar bodies and that is the reason it is included, but, of course, this body is being dealt with differently in the context of its independence. On a personal level, I do not see why the chief executive of this body, if he or she has some critical opinion to express about the merits of some Government policy, should not be...

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

Alan Shatter: If the Deputies would temporarily withhold the amendment for Report Stage, unless I am otherwise persuaded, it is highly unlikely that I would do anything other than accept it.

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

Alan Shatter: I move amendment No. 72: In page 29, subsection (4), line 32, to delete "and unless" and substitute "and, unless".

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

Alan Shatter: I move amendment No. 73: In page 30, subsection (1), lines 10 to 12, to delete all words from and including "the" where it firstly occurs in line 10 down to and including "prescribe" in line 12 and substitute "the Authority may prescribe".

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

Alan Shatter: I move amendment No. 74: In page 31, subsection (1)(b ), lines 4 and 5, to delete "the Minister and the consent of".

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

Alan Shatter: This is not an issue about independence. Section 29(4) reads: "As soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas". Section 29(5) reads: "Following compliance with subsection (4), the Authority shall arrange for the publication of the report in such form and manner as it considers...

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

Alan Shatter: Yes.

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

Alan Shatter: I wish to correct one thing I said when I referred to staff members. There may, of course, be someone employed in this area who is on the Bar Council side of things and he or she would be in a similar position.

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

Alan Shatter: I do not want to exclude them from the discussion which has been important. It was quite clear from an early stage that the Law Society had a concern about its staff. By the time it had expressed support for the new independent system which was being put in place to deal with disciplinary matters, it would have raised the issue well before the trade union dealt with or raised it. I will...

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

Alan Shatter: Most of the legislation with which we or I seem to deal can be properly described as heavy stuff in terms of its volume and importance in different areas.

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

Alan Shatter: The only assurance I can give the Deputy is that I do not think it is satisfactory that Report Stage amendments are published at the last minute on the final day allowed by the Houses of the Oireachtas. I certainly hope that before we take Report Stage whatever amendments there will be will be published at least an additional week over and above what is stated in the provision. That would...

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

Alan Shatter: I move amendment No. 66: In page 27, subsection (1), line 2, to delete “the Minister and the consent 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. 67: In page 27, subsection (3), lines 11 and 12, to delete “the Minister and the consent 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. 68: In page 27, subsection (4), lines 15 and 16, to delete “the Minister with the consent 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. 69: In page 27, subsection (7)(b), line 31, to delete “the Minister and the consent 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. 70: In page 28, subsection (1), lines 1 and 2, to delete “Authority” and substitute “Authority,”.Amendments Nos. 70 to 72, inclusive, are minor technical amendments to correct typographical errors in the published Bill. I am advised that amendment No. 75 is, as recommended by the Parliamentary Counsel, a technical necessity for drafting clarity.

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

Alan Shatter: I move amendment No. 71: In page 28, subsection (2), line 13, to delete “Authority” and substitute “Authority,”.

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

Alan Shatter: There is some precedent, although much of it is in the public to public area. I thank the Deputies for their considered comments. I hope Deputy McGrath will forgive me for stating I know he rarely misses the opportunity for a pirouette on the plinth.

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

Alan Shatter: I appreciate Deputy McGrath not pirouetting on this issue, which is a serious one for the individuals concerned. We cannot deal with it simply on the basis that we must make a particular decision because representations have been made. We must make a decision in the public interest while also being conscious of the position of these individuals. I certainly recognise they are people with...