Results 7,861-7,880 of 20,459 for speaker:Frances Fitzgerald
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: We are discussing amendment No. 150.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: My understanding is that Senator Norris is speaking to amendment No. 150 and the phrase relating to where the High Court makes "an order".
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: Amendment No. 151 is linked to amendment No. 150. There is no need for the word "under" because, as I have been saying to Senator Norris, the top line now states-----
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: I am referring to subsection (4) and the reference to where the High Court makes "an order".
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: Senator Norris is not looking at the first amendment. Amendment No. 150 refers to where the High Court makes a decision "under". This allows us to eschew the word "under" in each of the subsequent lines. Let us go down through it - I am sorry if I am repeating myself. The reference is to where the High Court makes a decision "under". At that point we need not refer to where the High...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: The purpose of the proposed amendment No. 157, which inserts a new section 81 into the Bill, is to provide for what happens in relation to the handling of complaints concerning solicitors in the changeover from the existing complaints regime operated by the Law Society to the new regime to be operated by the legal services regulatory authority, LSRA. These are effectively transitional...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: We are on amendment No. 157.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: Amendment No. 157 is not amending anything agreed to on Committee Stage. It is, in fact, proposing the insertion of a new section, section 81, on the transitional provisions.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: More detail.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: What I had said on that was that because of the different ways in which solicitors and barristers have done their business up to now, I had to make such provision. Senator O'Donovan, whose point I understand, should note this is why I have had to make an amendment on Report Stage. We had thought we would be in a position to deal with the two professions in a similar way but it was felt, on...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: This straightforward amendment concerns the appointment of a monitor as an additional legislative safeguard over the retained functions of the Law Society in relation to the financial regulation of solicitors, and to the maintenance of the solicitors' compensation fund. The purpose of amendment No. 159 is to amend the Legal Services Regulation Bill to provide the new authority with the power...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: My understanding is that it is defined in the section by the details of the tasks that the person is actually carrying out.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: The section provides the new authority, the LRSA, with the power to appoint the member. I do not know what Senator Barrett said but it was something in relation to who that person would be. The authority has the power to appoint a member or members of staff to be a monitor for the purposes of attending the meeting. The new independent authority decides who the monitor is, so it is very...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: On page 44 of the Report Stage amendments, the definition of "monitor" means "a person appointed by the authority under section 83 of the Legal Services Regulation Act 2015, to perform the functions of a monitor under this section". That is how it is dealt with.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: It is page 44 of the Report Stage amendments.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: In section 173(3), "committee" means any committee of the society to which the powers or functions of investigating alleged misconduct by a solicitor have been delegated.The monitor is then the person appointed by the authority to perform the functions of the monitor under this section.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: It is a monitor for the purposes of attending meetings, to give feedback from them and to bring back to the authority any matters of relevance that arise at the meetings which may indicate a need for change. That is the job the monitor has to do.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: It is provided that the authority may request reports from the monitor from time to time in relation to the performance of his or her functions. The authority is also empowered under the legislation to make recommendations to the Minister for legislative change and the intention is that any recommendations arising from the monitor's attendance at Law Society committee meetings would feed...
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: No. The reports would come from the monitor and then it would be up to the LRSA to act on that.
- Seanad: Legal Services Regulation Bill 2011: Report Stage (Resumed) (1 Dec 2015)
Frances Fitzgerald: The job of the monitor is to attend and observe. The functions of the monitor are clearest between the two amendments. We do not believe a further definition is needed. The monitor's function is to report where required. Given the normal ways a CEO or board acts where a monitor attends at a committee under his or her control or oversight, I would have thought it is clear they would ask...