Results 8,121-8,140 of 20,459 for speaker:Frances Fitzgerald

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: The authority will have the power to advertise about its consultations on codes in any event. It has that power.

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

Frances Fitzgerald: The provisions relate to the new authority’s issuing its own codes of practice as opposed to the codes of the legal professional bodies. In this regard, it is right that the relevant powers be exercised as the independent regulatory authority considers appropriate and that a legal professional affected by a code of the authority, which may be considered to be oppressive, unreasonable...

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

Frances Fitzgerald: The purpose of the provision in the Bill is to protect the independence of the legal profession.

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

Frances Fitzgerald: We are not as far apart on this matter as the Senator might think. This section relates to the staffing of the new legal services regulatory authority. My amendment No. 28 inserts a new subsection (4) which is intended to clarify the status of the staff of the new body as public servants. This means they will not be working as civil servants for any Department or office, thereby reflecting...

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

Frances Fitzgerald: This amendment provides for a change in regard to superannuation. It is being brought forward for technical reasons following discussions with the Department of Public Expenditure and Reform. The provision will ensure the new regulatory authority has the flexibility and discretion to make such superannuation arrangements as may be necessary.

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

Frances Fitzgerald: This is a new, independent body. The legal services regulatory authority will decide how to advertise for the majority of its staff. When the debate on this legislation took place in the Dáil and during the Second Stage debate in this House, it was clear that most if not all Members in both Houses felt that there was a case to be made, given the decades of experience among the staff in...

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

Frances Fitzgerald: Amendments Nos. 32 and 33 are Government amendments which are intended to reflect the fact the new authority, which is to be self-funding by means of a levy on the legal professions it is regulating, will have clear discretion to use any fees it raises in support of carrying out its functions independently under the Bill. I would like to mention at this point that I may come back with a...

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

Frances Fitzgerald: We have already discussed the issue of conveyancing. I have said to the Senator that I will revert to him on this on Report Stage having examined it. I take the points the Senator makes. Obviously, I will have to proceed while taking into consideration the range of other reports requested and the sort of sequencing that exists. I do not want to swamp a new authority with responsibility...

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

Frances Fitzgerald: We have discussed in detail the inspection issues. This is the situation where the Law Society under the oversight of the legal services regulatory authority will retain its existing investigative, protective and disciplinary powers in the financial regulation of solicitors under the Solicitors Acts. The Law Society will continue to oversee implementation of the solicitors' accounts...

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

Frances Fitzgerald: I wish to go through these amendments. Basically, these are the Parts of the Bill that deal with the range of areas concerning the efforts the authority will make to facilitate resolution of complaints. For example, amendment No. 61 permits the authority to seek resolution of complaints relating to inadequate service. Amendment No. 62 allows the authority to consider excessive costs. The...

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

Frances Fitzgerald: It might be helpful were I to inform the Senator that the legal services regulatory authority, LRSA, will have the potential to refer directly. Consequently, this can be done to the new body that replaces the Taxing Master.

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

Frances Fitzgerald: I would be inclined to leave that to the management of the legal services regulatory authority. Obviously, these reviews could vary in terms of substance in that some could be relatively straightforward whereas others might be more complicated. It will consist of three members, two of whom shall be lay members. Where the complaint refers to a solicitor, one member of the committee shall be...

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

Frances Fitzgerald: This group of amendments deals with the establishment and procedures of a new complaints committee. Amendment No. 68 is a key provision which obliges the authority to refer a complaint to the complaints committee where it has determined that the complaint is an admissible complaint, and we have already discussed the range of areas where a complaint can be made or where the matter has not...

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

Frances Fitzgerald: The complaints committee consists of 27 members, the majority of whom will be lay people. The law society shall have eight members. The Bar Council have four. Members are appointed for a period of four years and shall be eligible for reappointment. Lay members must be independent of the professional bodies but have some expertise or knowledge of the provisions of legal service or...

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

Frances Fitzgerald: No, just available.

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

Frances Fitzgerald: To answer the Senator's question in more detail, I should have said that the Bill provides that the complaints committee shall act in divisions of not less than three and not more than five members but must have an uneven number and a majority of lay members.

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

Frances Fitzgerald: This is a long series of amendments which relate to a core aspect of the complaints and discipline elements of Part 5 – the legal practitioners disciplinary tribunal. A new section 64 is inserted by Amendment No. 74. That is providing for the establishment, in law, of the new legal practitioners disciplinary tribunal. Unlike the existing disciplinary framework where each legal...

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

Frances Fitzgerald: Amendment No. 98 as proposed by Senator Barrett would prevent the new regulatory authority from raising a levy on those barristers who will be regulated by it and who choose to practise outside the Law Library model. It would also prevent the authority from issuing the relevant notice to those practitioners or professional bodies which would give rise to its regulatory costs each year. I am...

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

Frances Fitzgerald: The Senators should keep in mind that the practitioners are just responsible for a block of 10% of costs. The remainder is divided between other bodies.