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Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Denis O'Donovan: On amendment No. 157, my complaint is not so much on the propriety of the proposal but on another matter. It is very annoying that the amendment states, "In page 41, to delete the section 81 inserted by amendment 91 at Committee Stage in the Seanad and substitute the following". We debated amendment No. 91 at length on Committee Stage and the Minister read a footnote into the record in this...

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Denis O'Donovan: I accept that but I am saying it is very frustrating for Senators. We were present here for Committee Stage. There were very few votes, if any, but now we are being asked to amend what we agreed on Committee Stage, more or less. I object on principle. We have been waiting for this Bill for four years; it was published four years ago. At this late stage, coming up to the Christmas recess,...

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Denis O'Donovan: The amendment states: "In page 41, to delete the section 81 inserted by amendment 91 at Committee Stage in the Seanad and substitute the following". We are repealing the amendment made on Committee Stage. I accept there is a new section but the Minister has introduced-----

Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)

Denis O'Donovan: Two weeks ago, amendment No. 91 was accepted on Committee Stage but we are now deleting what we agreed to in good faith in this House at that time and inserting a new section. If we came back here in three weeks, would we be making further changes? There is a lot of uncertainty. This is probably the most significant Bill that has faced the legal profession in my lifetime, yet it is as if...

Seanad: Order of Business (19 Nov 2015)

Denis O'Donovan: I second the amendment proposed by my colleague, Senator Wilson. I will comment on what my good colleague, Senator Barrett, has said regarding the legal services Bill. This Bill was mooted four years ago. If we are being honest in this House, it was basically set aside until the Law Society, of which, I confess, I am a paid-up member, and the Bar Council in one sense bullied their way with...

Seanad: Seanad Electoral (Amendment) Bill 2015: First Stage (19 Nov 2015)

Denis O'Donovan: I second the proposal.

Seanad: National Cultural Institutions (National Concert Hall) Bill 2015: Committee Stage (Resumed) (19 Nov 2015)

Denis O'Donovan: I welcome the Minister to the House.

Seanad: National Cultural Institutions (National Concert Hall) Bill 2015: Committee Stage (Resumed) (19 Nov 2015)

Denis O'Donovan: Just to let Members know, we are just dealing with Committee Stage today. Report Stage is not being taken.

Seanad: National Cultural Institutions (National Concert Hall) Bill 2015: Committee Stage (Resumed) (19 Nov 2015)

Denis O'Donovan: When is it proposed to take Report Stage?

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

Denis O'Donovan: I welcome the Minister to the House. We had some brief discussion on this matter this morning during the Order of Business. If we are being totally honest, the Bill that we see before the House now has changed from that presented by Deputy Shatter four years ago. Then it was like a two year old male tiger, full of teeth, steam and gusto and now we end up with a little lamb with little...

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

Denis O'Donovan: It is not universal.

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

Denis O'Donovan: It is hard to be brief on a very long Bill. The first grouping encapsulates amendments Nos. 154 to 157, inclusive. Amendment No. 1 is fairly technical and I do not have a problem with it. There are 80 pages of amendments and the original Bill is 130 pages. To say the legislation before us is not close to being a new Bill is not exactly correct. Amendment No. 156 is to substitute a new...

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

Denis O'Donovan: It is difficult for us to say we agree to this and to pass this amendment, which is technical, only for an issue to arise in the discussion on section 5 and we cannot go back to amendment No. 156 on Committee Stage. I am not being difficult, but this is a most important Bill. It has changed substantially since it was first published. It is important for us, as Members of the Seanad, to...

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

Denis O'Donovan: I accept that.

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

Denis O'Donovan: I understand that all these powers are necessary, but will the Minister indicate whether there is any mechanism within the authority that could conduct preliminary investigations? Sometimes vexatious or frivolous complaints can be made for inappropriate reasons with the motive of targeting a particular solicitor or office. A sledgehammer does not have to be used to crack a nut. Is there a...

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

Denis O'Donovan: I thank the Minister for her clear response, which clarifies the worries I had in that regard.

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

Denis O'Donovan: I have an observation. I agree there should be compulsory insurance cover for professional indemnity. I remember when I returned from England in 1981 that I opened my little practice and was probably one of the first to volunteer for professional indemnity. It cost me £750 at the time and it was a lot of money then. My concern is whether the professional indemnity cover would take...

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

Denis O'Donovan: I do not want to cross swords with my learned colleague and good friend, Senator Barrett, but I am speaking from knowledge in my own area when I say that the days when a solicitor would charge 1.5% for conveyancing are well gone. According to the most recent information I have received from my own area of west Cork, the average charge is approximately one third of that 1.5% charge. I was...

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

Denis O'Donovan: I accept the Accept Chairman's ruling but concur with my colleague that it is rather trivial that his amendment has been deemed to create a burden on the Exchequer.

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

Denis O'Donovan: I support the position set out by Senator Barrett. Given that the legal and judicial systems are, by and large, closely connected to the common law system, including the British system, perhaps the Minister will reflect on the provision that excludes persons from England, Northern Ireland or Wales from membership of the authority before Report Stage.While I will not push it any further,...

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