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Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I move amendment No. 26: In page 15, before section 9, to insert the following new section:14.—(1) Arising out of a review carried out under section 10, the Authority may make such written recommendations to the professional body concerned as the Authority considers appropriate regarding—(a) the rules, or codes of conduct of the Bar Council and the Law Society, (b) the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I move amendment No. 27: In page 15, before section 9, to insert the following new section:15.—(1) If the Authority is not satisfied with the response received from the professional body concerned under section 13(4), the Authority may direct the body concerned to implement any recommendation made by it under section 14(1) or such amended recommendation as the Authority may make under...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I do not know if the following is the opinion of the Minister or whether he was quoting from a troika report. There was an indication that legal fees represent a significant drag on the economy and competitiveness. I am sure others will share my opinion that nobody in the legal profession is recession-proof, least of all barristers and solicitors. We all know how the recession has affected...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: My question on the appointment of members to achieve a gender balance on the authority's board relates to this and the previous section. If all of the nominees are male or female, how does the Minister propose to tackle the situation?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I know.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I move amendment No. 21: In page 15, before section 9, to insert the following new section:"9.--(1) Subject to this Act, the Authority shall be responsible for overseeing the regulation of the provision of legal services by legal practitioners in the State, in an independent manner and shall ensure the maintenance and improvement of standards in the provision of such services in the State....

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: My concerns are similar to those of the Minister but I am coming at it from a different angle. If it is to be an authority to regulate the legal services industry, and the board is broken down six to five, immediately the main legal players find themselves in a minority on the board. Is this correct?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I know.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: The breakdown of board membership is six to five, with one representative each from the Bar Council, the Legal Aid Board, and the Kings Inns and two from the Law Society, with six more from the other parties plus the chairperson-----

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: The chair will come from the six lay people. Is this correct?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: Will the Minister examine another composition? We propose 13 members and the Minister proposes 11. A total of 13 would give equilibrium.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: If there is a division the chair will have a casting vote.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: Is the Minister open to considering our proposal to recalibrate it? Is the Minister sticking on 11?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: It is a fair point to state the law profession should have equal representation around the board table rather than being in a minority.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: We will have a chairperson.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I move amendment No. 8: In page 13, before section 8, to insert the following new section:"8.—(1) The Authority shall consist of 13 members. (2) Subject to the provisions of this section, the members of the Authority shall be appointed by the Government and shall consist of the following persons:(a) 2 persons nominated by the Bar Council of Ireland; (b) 2 persons nominated by the Law...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I move amendment No. 9: In page 13, lines 6 to 10, to delete subsection (2) and substitute the following:"(2) (a) The members of the Authority, other than the lay members, shall be appointed by the Government. (b) The lay members of the Authority shall be appointed by the President of the High Court.".

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: All of us in our amendments have offered the option that the President of the High Court would appoint the lay members. Can the Minister give us his reasons for rejecting that?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: We are discussing a group of ten amendments. The Minister is sticking with amendment No. 11. Does this include the chair or will the position of chair be in addition? The initial concern was that the Minister, his office or his successor, when we all move on, would have too much influence in the appointing of members. The Minister has gone some way towards addressing those concerns. Can...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (17 Jul 2013)

Niall Collins: I have a final key point.

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