Results 8,101-8,120 of 20,459 for speaker:Frances Fitzgerald

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

Frances Fitzgerald: I am very pleased to bring the Bill before the House on Committee Stage. The Bill is a working recipe for the coexistence of the old and the new, which can ensure our legal services sector does not end up at a permanent competitive disadvantage and provide people who use legal services with better and more competitive choice. The Legal Services Regulation Bill will deliver on the programme...

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

Frances Fitzgerald: I hope that as we go through the amendments and as the Bill progresses today, Senators will have an opportunity to see the substantive changes that are to be brought about. It is obviously a continuation of the work in the Dáil, as is right. In some instances, there was a framework laid out for the approach, as in respect of inspections and discipline. That has all been filled out in...

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

Frances Fitzgerald: I understand in part the point Senator O'Donovan is making. Amendment No. 156, which comes early here because it has been grouped, is a technical amendment to the Solicitors (Amendment) Act 1994. Primarily, the body of this issue is dealt with in section 5. We will be going into considerable detail on that because that is about how the complaints and discipline are dealt with. It sets up...

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

Frances Fitzgerald: I am introducing these technical amendments to better clarify what is meant by certain terms used throughout the Bill. I refer to the definitions of "Compensation Fund", "legal partnership", "limited liability partnership", "multi-disciplinary practice", "prescribed" and "Solicitors Accounts Regulations". These are the definitions that we will go on to discuss in other sections.

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

Frances Fitzgerald: The three-year rule is maintained in Part 5.

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

Frances Fitzgerald: Yes.

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

Frances Fitzgerald: This group of amendments relate to the powers of the authority to inspect legal practices. Sections 30 and 31 of the Bill as published are being remodelled again into the new Bill, Part 3, to better specify the inspection powers of the legal services regulatory authority in line with any modern inspection regime. Part 3 of the Bill outlines all the expected powers that one would assume a...

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

Frances Fitzgerald: Senator O'Donovan makes an extremely good point. We are speaking now about the powers of inspection, because the discussion is around Part 5, and this is where I go into the detail of how the complaints will be handled. In answer to the Senator's query, yes, there is a mechanism to deal with that type of situation. It is quite clear that there has to be an assessment in the first instance....

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

Frances Fitzgerald: This deals with the issue of professional indemnity insurance, PII, for legal practitioners. A definition of PII is inserted and there are two sections to clarify the issue of professional indemnity insurance for legal practitioners. It is proposed that section 38 is to be replaced by a new section 38, which is reworked in order to better clarify the obligation on solicitors and barristers...

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

Frances Fitzgerald: I thought the Senator was going to ask about the business of the solicitors and the cost. The PII provider evaluates risk and turnover of the practice. We have consulted the market and we understand it is open, although I take the Senator's point. If there is any further information that the Senator can give us, I can certainly see if there are any implications. I understand the concerns....

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

Frances Fitzgerald: I mentioned this in my introductory remarks and it is about a review of the Act. It is a standard legislative review clause, like others in the Statute Book, to provide that consideration will be given by the new regulatory authority as to how well the Act is functioning. It gives the new regulatory authority scope for recommendations to the Minister for Justice and Equality for future...

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

Frances Fitzgerald: I take the Senator's point but this provision is in the Bill and it is very important. There will be much work in the first year for the authority to do and although there is some flexibility, a timeframe is laid down. The point was raised earlier about the size of this authority. We are not establishing an enormous new body because we want a small but efficient authority. We are talking...

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

Frances Fitzgerald: I emphasise that there will be annual reports to the Dáil and the Seanad. That will give Members of the Oireachtas an opportunity to evaluate and debate the progress of the new authority. They will be able to bring people into the committee structure as well. I do not doubt that they will avail of such an opportunity. I will have a look at the timeframes again in advance of Report...

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

Frances Fitzgerald: Yes. The Senator has made a relevant point. The matter has also been discussed by Ministers at meetings of the Justice and Home Affairs Council. There is a real need Europe-wide to do more on e-conveyancing. The Law Society of Ireland has done a lot on the subject. Also, I have spoken to Minister Noonan about financial institutions because the banks need to do more on this matter. If...

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

Frances Fitzgerald: This is a straightforward amendment to reflect the merging of various statutory bodies to create the Irish Human Rights and Equality Commission and the Competition and Consumer Protection Commission. There has been no shift away from policy. In the meantime we have had a merger and the amendment reflects the changed names of the bodies involved.

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

Frances Fitzgerald: I am satisfied with the proposal in the Bill, which provides for a good balance on the board. The lay majority on the board is important. I remind the House that persons are to be nominated by independent bodies and must have a set of skills, as laid down in the Bill. While the Legal Services Regulatory Authority will be independent of Parliament, I have no doubt its representatives will...

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

Frances Fitzgerald: I referred to the 11 members of the authority, five of whom will be from the legal professions and six of whom will be laypersons. There are always other bodies that people would like to have represented on boards and that is an understandable view. I have no doubt that many skilled non-governmental organisations with a significant interest in this area will closely follow the work of the...

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

Frances Fitzgerald: This issue was discussed in great detail in previous debates and I referred to it on Second Stage, both here and in the Dáil. The Government amendments that were made in 2013 with the insertion of sections 8 to 10, inclusive, were broadly welcomed at the time. There is no reason to revisit or reconsider these sections as they are still understood to be a great improvement on the...

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

Frances Fitzgerald: On Senator O'Donovan's point, it would not apply in that situation. It is only if a person actually practises as a solicitor or barrister. I am satisfied at the changes to the Bill. When it was discussed on Second Stage in the Dáil and here, the issues of the independence of the authority and the role of the Minister were raised. Substantial changes have been made in that regard by...

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

Frances Fitzgerald: That issue is carefully formulated in terms of ensuring the independence of the body. While I take the point the Senator makes, it is very carefully formulated as drafted. On Senator Barrett's points, I note that the provision is a basic three-month benchmark. Of course, the authority will be able to call extra meetings when it gets up and running and deals with the scale of work involved...