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Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: It is subject to certain exceptions.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Are we dealing with amendments Nos. 31, 32 and 34?

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Consultation with the legal professional bodies is already provided for in several sections of the Bill. It is provided for in dealing with matters such as the authority's drafting of codes of practice under section 20; its review of professional codes under section 21; its review of the operation of the Bill under section 6; and its development of regulations for professional indemnity...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: The points Senator Trevor Ó Clochartaigh has just raised are dealt with in amendments Nos. 33, 35 and 36. We are making provision for the staff working in the Law Society of Ireland who are currently handling complaints to transfer. Senator Gerard P. Craughwell raised a question about qualifications. As laid out in the Bill, the reference is to staff who have experience of dealing...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 33 is consistent with the new section I introduced to the Bill on Committee Stage in the Seanad to deal, in a practical way, with the staff of the two legal professional bodies who have appropriate expertise in dealing with public complaints and whose functions are about to be taken up by the new regulatory authority under the Bill. Given there was cross-party support for it...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: The amendment proposes inserting an approval by the Minister into the provision allowing the new authority to set fees by regulation for the performance of its functions etc. Given that this discretion is to be exercised by the new and independent regulatory authority, I do not see a need for the amendment.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 38 follows further consultations with the Department of Public Expenditure and Reform and rightfully recognises that the independent legal services regulatory authority will not handle fees for the benefit of the Exchequer but rather in support of its own functions under the Bill. Amendment No. 180 provides for the change in the manner in which the authority will handle the...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: Amendment No. 182 in the names of Senators Sean D. Barrett and Feargal Quinn.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: No, this provision was not included in the original Bill. It was always envisaged that there would be consultation on this issue. There was a timeframe, which is what we still have. I want to give the definition of "contentious matter". It means a matter that arises in and relates to the subject matter of proceedings before any court, tribunal or other body or person before which the...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: It is worth making the point that the new independent legal services regulatory authority will be a great catalyst for change. As I indicated, for the first time, we will have oversight and complaints and discipline being dealt with independently as well as the establishment of the new legal partnerships. This is serious reform and further reforms will be introduced. The Bill provides for...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: I make the point again that it will be a new independent body set up to provide for independent regulation. It will have a range of tasks to perform in its first year. It will have to deal with complaints and set itself up as an effective and efficient body. There is a range of tasks which we are asking it to do. I have looked at what it is feasible to do in the first period and do not...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: One of the other reforms in the Bill is to create a consultation on the establishment of a profession of conveyancer. The Senators made the point about the efficiencies of how that is done at present but it is another reforming part of the Bill. There is not a timeframe on this section. A report in respect of the matters referred to shall be provided to the Minister within a period...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Frances Fitzgerald: The authority has a lay majority.

Written Answers — Department of Justice and Equality: Prisoner Privacy (26 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Prison Service that there has been no evidence or information to indicate that a member of staff of the Irish Prison Service leaked information on the individual concerned. I am further advised by the Irish Prison Service that there were no journalists present when the person referred to in the question was advised of the arrangements being put in place for the...

Written Answers — Department of Justice and Equality: Residency Permits (26 Nov 2015)

Frances Fitzgerald: I refer the Deputy to my reply to Parliamentary Question No. 408 of 20 October 2015 as set out as follows. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 14 July, 2015 in connection with a passport submitted in support of the application. The passport has been forwarded to an outside agency for examination...

Written Answers — Department of Justice and Equality: Residency Permits (26 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State as the Spouse of an EU National who was exercising their EU Treaty Rights in this State. This permission to remain was valid until 24 January 2012. This permission was not renewed as the person concerned failed to submit satisfactory...

Written Answers — Department of Justice and Equality: Deportation Orders (26 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that the person referred to by the Deputy is the subject of a Deportation Order, issued on 12 September 2011. On 22 September 2011, the person concerned commenced Judicial Review proceedings, seeking, inter-alia, to challenge the Deportation Order. As the proceedings are currently before the High...

Written Answers — Department of Justice and Equality: Deportation Orders (26 Nov 2015)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 9 May 2012 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 6 June 2012 challenging the Deportation Order and accordingly, as the matter issub judice do not propose to comment...

Written Answers — Department of Justice and Equality: Citizenship Applications (26 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing. A letter issued to the person concerned advising that I propose to grant the application and requesting him to submit the...

Written Answers — Department of Justice and Equality: Residency Permits (26 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by the right to work, based on her parentage of an Irish citizen child earlier this month. The Deputy will appreciate that applications are dealt with in chronological order. I am advised that the application is under...

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