Results 1,901-1,920 of 2,723 for speaker:Barry Andrews

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: That is less, approximately five to one. Nevertheless 10% of the levy will come from the Law Library and a little more after that. It is getting towards a representative figure while allowing the flexibility of a pro rata system. It would be reasonable to allow this to bed down to see whether fairness is reflected in the way in which the levy operates. It should also be remembered that...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: There is no charge for the complainant. Under section 21(10), the complaint to the legal services ombudsman may be made by any person on behalf of another person. That relates to the capacity of the person on whose behalf the complaint is being made. A further safeguard against anything untoward in that regard can be found in section 22(4)(b), which states that the legal services ombudsman...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: The Senator is right, delay is a source of complaint and it is something the legal services ombudsman can investigate. Equally, delay in the investigation of a complaint can lead to an injustice for the person against whom the complaint is made. He is entitled to have the complaint investigated promptly. Those safeguards are reflected in the section.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: I welcome the Senator's comments. The intention of the Bill is to provide a better service for those using legal services. In addition, legal practitioners will also benefit from whatever will be learned from all of this. The powers to be afforded to the legal services ombudsman will be quite wide and will have all the necessary balances. As I said, the legal services ombudsman can...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: I thank Senators for their kind words and I acknowledge the role played by my advisers. I was waving the Constitution around because one of my advisers brought to my attention that Article 18.1 states: "Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members." I could not help raising that issue.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: Yes, but the Bill is extremely well drafted, which is reflected in the lack of amendments, although specific issues were raised.

Seanad: Registration Fees (3 Mar 2009)

Barry Andrews: I am taking this Adjournment on behalf of the Minister for Health and Children, Deputy Harney. The profession of pharmacy has undergone a dynamic change since the Pharmacy Act was enacted in May 2007. Pharmacy graduates are obliged to complete six months post-qualification training before they are eligible to become registered pharmacists. This course of study, supervised work experience...

Seanad: Home Loans (3 Mar 2009)

Barry Andrews: I thank Senator Healy Eames for raising this important matter, to which I am replying on behalf of the Minister for Finance. I will begin by addressing the Senator's concerns for those who may fall into arrears on their mortgages and on the supports available to them. I will then address the issue of fixed rate home loan agreements and the role played by the Government and the Financial...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: ——made to a Member of either House of the Oireachtas. On Senator Leyden's comments, the functions of the legal services ombudsman are dealt with in section 9. The Senator's concerns are encompassed in the first function, which is to receive and investigate complaints about the whereabouts of wills in solicitors' offices. This issue clearly comes within the function of the ombudsman....

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: I think differently about the phraseology, although I bow to the Senator's expertise in matters of grammar. If we were talking about people who were simply nominated as candidates the Bill might have spelt that out a little more clearly, but in my view it could not be interpreted as anything other than a person who is a Member of Seanad Éireann so nominated by the Taoiseach. That is...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: As Senator O'Donovan noted, it is intended to introduce a judicial council Bill for the purpose of making complaints against judges. Issues clearly arise in regard to separation of powers and the Constitution. It is not intended in respect of the present Bill to invest the legal services ombudsman with powers to investigate complaints against members of the Judiciary. I cannot say that the...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: There is a contrast between Senator O'Donovan's concern about the attorneys and Senator Norris representing an acquaintance. If Senator Norris's acquaintance had been taken away in chains he would have no recourse albeit the outcome on the day was fantastic. It points to the difficulty. We have strayed a bit from section 9 but it is good that the legal services ombudsman has a key role in...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: He brings in young people, fourth and fifth years and does a great job. He is an old colleague of mine.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: If the legal services ombudsman can do some of that as well it is welcome.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: The Senator is absolutely right to mention the need for restraint. Section 11(4) requires that professional advisers be engaged solely with the consent of the Minister. If the legal services ombudsman requires professional advice, it will probably relate to a case or complaint that is being brought against a fairly well resourced barrister, solicitor or group of solicitors. The potential...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: Senator Bacik's points are well made. The purpose of section 15(1)(b) is to ensure that the ombudsman tests whether there is competition, whether prices are being kept as low as possible and whether people can access the available legal advice. Those guiding criteria were selected with regard to the Competition Authority's previous report on this area. As I said during the debate on...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: The points made by Senator Bacik are fair. I reiterate the point I made during the debate on section 9. As I understand it, the issue of retention will be examined during the assessment of the adequacy of the profession's admissions policies. The structure of our courts system can make things difficult for mothers of young families in particular. I did not know that lower fees are charged...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: This is a standard drafting mechanism where such appointments arise. If the legal services ombudsman thinks the call to the committee is oppressive or outside his or her vires in any way, he or she may decide not to appear and that can be subsequently determined by the High Court, as the Senator can see in the rest of the section. If the High Court so orders, the appearance will have to be...

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: I will do my best.

Seanad: Legal Services Ombudsman Bill 2008: Committee and Remaining Stages (3 Mar 2009)

Barry Andrews: Senator Norris referred to the terminology used in section 6, specifically subsection (6) which sets out the circumstances in which a person ceases to hold the office of legal services ombudsman. These include when the person is nominated as a member of Seanad Éireann or is elected as a Member of either House of the Oireachtas or of the European Parliament. This terminology is used to deal...