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Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 174: In page 68, between lines 10 and 11, to insert the following:“Variation of entry on roll 78. (1) The Authority shall remove the name of a person from the roll—(a) where it is required to do so under section 38(10), (b) where the High Court makes an order under section 63(3)(b)(v) that the person’s name be struck off the roll, (c) where section...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 175: In page 68, between lines 17 and 18, to insert the following:“Prohibition on unqualified person providing legal services as practising barrister 79. (1) Subject to subsection (5), an unqualified person shall not provide legal services as a practising barrister. (2) A person who contravenes subsection (1) shall, without prejudice to any other liability or...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 176: In page 69, between lines 3 and 4, but in Part 8, to insert the following:“Prohibition on pretending to be qualified barrister 80. (1) A person who is not a qualified barrister shall not pretend to be a qualified barrister or take or use any name, title, addition or description or make any representation or demand implying that he is a qualified barrister. (2)...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 177: In page 69, between lines 3 and 4, to insert the following: “PART 9 Legal Costs Chapter 1 InterpretationInterpretation (Part 9) 80.In this Part- “application” means an application for adjudication of legal costs under section 94; “bill of costs” means a document setting out the amount of legal costs chargeable to a client in respect...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I might take them in reverse order. There is a great advantage in having representative bodies such as the Law Society representing solicitors and the Bar Council representing barristers and they have an important role to play. I am open to correction but I am not sure that barristers who are not currently members of the Law Library are officially represented by the Bar Council but I agree...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: The problem with the Deputy is that he sees bugs everywhere.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Apparently he even reads scripts that might have been derived from people being bugged, which is interesting.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am conscious that we are in a time of change and organisations have difficulties with change. I hope that when we move from enacting the Bill, the legal services regulatory authority is in place and change has been effected, in two or three years the Law Society will represent all practising solicitors and the Bar Council will represent all practising barristers, be they members of the Law...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: One roll will be maintained for both.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I got one thing wrong when I suggested we would maintain two rolls. One roll for both will be maintained by the regulatory authority, rather than one roll being maintained by the Bar Council. I was inaccurate because I was thinking of an earlier issue. That is the reason the regulatory authority, rather than the Bar Council, will maintain the roll. I apologise if I gave the wrong...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I value the Deputy's insights and experience in our deliberations on the Bill. He raised an important issue. It is one to which we have given some thought. It is interesting, arising from our deliberations, that an issue arises regarding whether we bring forward additional provisions and amendments to this provision on Report Stage having teased it out further, which we want to do. The...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Very simply. This brings us back tononemus mutare, or we will not be changed. That is the special plea from the Bar, saying "do nothing, change nothing, do not allow members of the barristers profession to operate as partners, do not allow them to open chambers, do not allow them to share fees, do not allow for any change of any description because this is our motto: nonemus mutare". It is...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I presume it will exist. In my early college years when I did not know what it was I wanted to do, I studied philosophy and I always found Descartes extremely interesting. One of the great Cartesian principles, in wondering what the world is really about is, "I think, therefore I am". I think the Bar Council exists, therefore it will be. It will have its code, which will have to be in...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Yes, insofar as it provides for a restrictive practice that the legislation makes clear is no longer legally allowed.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Deputy Mac Lochlainn flatters me.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: If Deputy Mac Lochlainn is going to get the candle and the bottle of wine, could I put in a claim for a gin and tonic and a packet of peanuts?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: That is covered in the Law Society’s amendment 2.29. It is an interesting issue on which I reflected following receipt of the recommendations. It seems on the surface an attractive issue but it might not be entirely so. I will refer to my area of legal practice to which I do not anticipate I will return, so I have no particular vested interest in the outcome of the issue in the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 161: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Managing legal practitioner 77.(1) A multi-disciplinary practice shall have at least one legal practitioner (referred to in this Part as the “managing legal practitioner”) who shall be a partner in or an employee of the multi-disciplinary practice, who shall be...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 162: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Obligations of legal practitioners in multi-disciplinary practice 78.Nothing in this Part—(a) shall be construed as preventing an act or omission on the part of a legal practitioner who is a partner in or an employee of a multi-disciplinary practice that is in contravention of...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 163: In page 67, between lines 22 and 23 but in Part 7, to insert the following: “Operation of multi-disciplinary practice 79. (1) A multi-disciplinary practice shall have written procedures in place, to which all partners and employees of the practice are subject, that—(a) ensure that legal services are provided by the practice in a manner that complies...

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