Results 301-320 of 4,414 for speaker:Sean Barrett

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 121:In page 85, line 2, after “operation” to insert “concentration ratio”. Among the matters that need to be discussed is the increasing concentration of power in a small number of firms in the sector. That is the reason for the amendment.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: The Minister is talking about the establishment regulating the operation. Concerns about monopoly or oligopoly are important. I know the Minister has expressed that sentiment several times in this debate. I will not press the amendment.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 122:In page 85, line 33, after “engage” to insert “within one year following the establishment day”. Section 104 states:(1) The Authority shall engage in a public consultation process on—(a) the extent, if any, to which the restriction on legal practitioners, other than solicitors, holding the moneys of clients, as provided under...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I thank the Minister. I do not wish to press the amendment.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 124:In page 86, line 36, to delete “4 years after the commencement of section 85, and every 5 years” and substitute “2 years after the commencement of section 85, and every 2 years”. I will not press the amendment. The Minister has been most patient when we have discussed having certain things done faster. We should aspire to do things...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 136:In page 89, to delete lines 16 and 17. This is something that arose before and Senator O'Donovan has made a suggestion on it. The section refers to an "unqualified person" and goes on to say "notwithstanding that he or she is a qualified barrister" but they are qualified if they have qualifications. I think disqualified was the meaning that Senator O'Donovan...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 137:In page 92, to delete lines 28 and 29. This relates to the chief legal costs adjudicator and the wish to have a pro-consumer element in this. It says at subsection (b) that the adjudicator will not operate where "the adjudication relates to an application for adjudication of legal costs as between a legal practitioner and his or her client". That is the opt-out...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I thank the Minister.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 138:In page 100, to delete lines 9 to 12. This concerns the prohibition on no fold, no fee. Section 122(1) states: "A legal practitioner shall not charge any amount in respect of legal costs if ... they are legal costs in connection with contentious business expressed as a specified percentage or proportion of any damages (or other moneys) that may be or become payable...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I thank the Minister.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 139:In page 102, line 31, to delete “may” and substitute “shall”. As this is a point of agreement between the Minister and me, we will reconsider the matter on Report Stage.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 140:In page 103, line 30, after “explanation” to insert “in writing”. This is the explanation of what is happening in the matter of legal costs.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I thank the Minister.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 141:In page 104, line 30, to delete “14 days” and substitute “28 days”. When a client disputes any aspect of a bill of costs, he or she shall within 14 days of the bill of costs being provided for him or her set the machinery in motion. I wonder whether there is a need for more time because of the imbalance between the client and the...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 142:In page 108, to delete lines 7 to 9. The amendment relates to holding hearings in public. As I would like to think about the matter adgain between now and Report Stage, I will not press the amendment today.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 143:In page 109, line 33, to delete “less than 15 per cent”. As it stands, the Bill reads,Where an adjudication concerns only legal costs as between a legal practitioner and his or her client, and the Legal Costs Adjudicator has determined that the aggregate of the amounts to be paid is less than 15 per cent lower than the aggregate of those amounts set out...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: Amendment No. 144 was an attempt to deal with the matter of disclosure. The wording is, "provided that no client shall be responsible for costs incurred by the practitioner where the said practitioner has not disclosed the legal costs that will be incurred in relation to the matter concerned irrespective of whether the said practitioner has set out the basis on which the legal costs are to...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 147:In page 120, line 23, after “exercised” to insert “solely”. The purpose of the amendment is to have a right of access to a barrister without a solicitor being present. We discussed this matter, which is why I have suggested the following wording: after “exercised” to insert “solely”.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I move amendment No. 150:In page 124, line 35, after “may” to insert “not”. I am concerned that the authority may, by regulation, declare people qualified. In this day and age, people should acquire the qualifications. Particular emphasis is placed on experience. If we are trying to upgrade to a smart economy and a society of well-qualified individuals, then...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Sean Barrett: I thank the Minister for her patient and courteous responses to the many questions raised today. We are indebted to her.