Results 7,821-7,840 of 20,459 for speaker:Frances Fitzgerald

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

Frances Fitzgerald: An amendment can take up that much room, and there are many technical amendments.

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

Frances Fitzgerald: Amendments Nos. 74 to 77, inclusive, provide simply for the changes in numbering of the sections.

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

Frances Fitzgerald: That is right. As there are some extra sections in the Bill, particularly dealing with complaints and disciplinary issues which we inserted in Part 5, there is a change in the numbering of sections. This is simply a change in the numbering.

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

Frances Fitzgerald: As I have said, many of the amendments being introduced are technical amendments required because of the change and the new insertions in the Bill. That has led to a renumbering of the amendments. Obviously when one inserts a new section all the numbers on the other sections have to be changed. This is one of a series of amendments reflecting the change to the number of the section we are...

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

Frances Fitzgerald: The Bills Office put a hash mark in as an aid to Senators following the Bill and there is a reference. That is all that it is in the Bill.

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

Frances Fitzgerald: It is a reference to a change.

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

Frances Fitzgerald: Yes, that is all.

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

Frances Fitzgerald: They are simply footnotes that reference difference sections. The first hash refers to the first section that is being changed and the second hash refers to the second change. It is just to differentiate the amendments that are being made. The Bills Office did so to make it clearer what was happening with these amendments. If I could make a point which might be helpful to the discussion...

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

Frances Fitzgerald: No. It just means it is the fourth point referenced. It is the fourth amendment being referenced on a particular page. It is just a note on the fourth. There is just one hash mark for the first one. The Bill Office has done this in terms of being helpful in relation to the Bill.

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

Frances Fitzgerald: Like many subsequent amendments, as there is a new line inserted this is effectively saying that where the authority makes a determination referred to in subsection (4). As one can see from page 22 of the Committee amendments, the Report Stage amendment is literally changing 4(b) to 5(b). Some of these are the result of a new line being inserted and the reference changes. It is one of the...

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

Frances Fitzgerald: This is a numerical change to the ordering as I have explained. This is another amendment we agreed to take separately. It is the numbering of the sections reflecting the changes.

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

Frances Fitzgerald: It is like some of the other amendments in that it is a technical drafting change. That is what I have said about many of these amendments.

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

Frances Fitzgerald: It is a drafting recommendation to insert "he or she" as opposed to "the person aggrieved".

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

Frances Fitzgerald: As with the previous two amendments on which we voted, many of these effectively replace "it" with "the matter". In another, we deleted "in this Part". Using this language instead of the other is a straightforward recommendation from the draftsperson to improve the flow of the Bill. Many of the amendments are extremely technical. One could argue about them all.

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

Frances Fitzgerald: All I can say is that I am advised by the draftspersons who have been working on the Bill that it is a better formulation.

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

Frances Fitzgerald: These are mainly refinements to the new section 51 inserted on Committee Stage to deal with the informal resolution of inadequate services. The substantive amendment in this group provides that an appeal of the outcome of a complaint of inadequate services or excessive costs shall be via a review committee to the High Court. Amendment No. 88 replaces subsection (1). The intention is that...

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

Frances Fitzgerald: I will deal with the point made by Senator Norris in respect of forming an opinion. The authority in this instance would be referring the matter for informal resolution, so we do not want it to prejudge the matter. Thus, we are removing the section that refers to the authority forming an opinion. I think the Senator is correct about the question of liability. We discussed this in the...

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

Frances Fitzgerald: Amendment No. 91 is one of the technical changes in relation to the numbering of the amendment.

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

Frances Fitzgerald: On Committee Stage, we introduced a number of new sections dealing with the establishment and operation of the legal practitioners disciplinary tribunal. This group of amendments relates to those sections and have been tabled to provide greater clarity in respect of the tribunal. Amendment No. 122 is no longer necessary, given that we are repeating the qualifications that were to be...

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

Frances Fitzgerald: I am moving it.