Results 181-200 of 4,414 for speaker:Sean Barrett

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: What is the purpose of the amendment if there is no difference? We have to explain to people what this is about. As it is presented, it is certainly most confusing.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: The note beneath amendment No. 3 on the list of amendment states: "For the information of Senators, the is a reference to section 85 inserted by amendment 100 at the Committee Stage". If one reads the Government's Committee Stage amendment No. 100, which refers to legal partnerships and professional codes, there is a note below it on the list of those amendments stating: "Acceptance of this...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: It is not agreed. We are now debating amendments in bunches of 20. I have to object to that procedure.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I would prefer if they were taken individually. As non-lawyers, we have to understand what is going on in this legislation.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I thank the Minister for reducing the time period and for involving the Competition and Consumer Protection Commission. I commend Ms Isolde Goggin for saying on "Prime Time" that she had not been involved since last April. If this is mending fences and getting proper consultation set up, it is very welcome. The report has been there since 2006 and one can go back 38 years when some of...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I thank the Minister. It was an oversight that the provision was there and I refer to the great Members of this House who have come from Northern Ireland. I wish to raise an additional point which is of interest. On the Pat Kenny radio programme reference was made to insurance. It was claimed that in Northern Ireland the legal system accepts the bill of quantum without the amount of...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 24:In page 20, line 1, after “services” to insert the following:“and cases where the cost of a grant of probate is charged by the Probate Office at a higher rate to a lay person than to a legal practitioner”. Senator Quinn and I tabled our amendment because we wanted to look at cases where the cost of a grant of probate is charged, by the...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I thank the Minister. I am a little worried that she has found far more issues. We found this issue quite by accident.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: Could we not do it now as we set up the authority if we know that discriminatory pricing takes place? I would be happy to endorse any of the items that are on the Minister's list. We know about these matters now so there is no need to wait until a new body sets itself up and has establishment costs. Let us tackle the list of anomalies now, which is what the public outside wants. I am...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 31:In page 25, lines 35 and 36, to delete ", in such manner as it considers appropriate, with" and substitute "with stakeholders including, but not limited to". As it stands, the section reads, "the Authority shall consult, in such manner as it considers appropriate, with" a number of listed bodies. We are not very interested in what it considers appropriate. It has a...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: Line 35 reads, "the Authority shall consult, in such manner as it considers appropriate".

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: Amendment No. 31 is in my name and I thank the Minister for her response. I would like Parliament to tell the bodies the degree of consultation in which they need to engage. Across the sphere there is regulatory capture of regulatory agencies by the bodies they are supposed to regulate in the public interest. Parliament should make a stand on that issue. I appreciate what the Minister has...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I regret that I oppose what the Minister and Senator Ó Clochartaigh said. If one wants independent regulation, one does not hire those who were responsible for all the restrictive practices through the Law Society and Bar Council. It invites regulatory capture. The public will not be convinced. Somebody said it was Irish Water coming back to haunt us. Those who had been wasting...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 35:In page 29, to delete lines 19 to 38, and in page 30, to delete lines 1 to 17. In general, it is a bad principle that people who have operated very successfully in one role defending producers of a product are meant to turn around and become defenders of the consumers of the product. It invites regulatory capture and will not impress the public. The staff dealt with...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 37:In page 32, line 19, after “Authority” to insert “subject to the approval of the Minister”. The amendment relates to who sets the fees charged by the authority. On Committee Stage, I proposed that the Competition and Consumer Protection Commission might. This was unacceptable, which I accept. Does the Minister set the fees, or will the...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: The amendment to which the Minister referred was No. 183.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I do not wish to move that amendment.

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 39:In page 35, between lines 25 and 26, to insert the following:"(d) the right of direct access to a barrister other than through a solicitor;". This amendment concerns right of access to a barrister without the need to have a solicitor present. It could be a major way of cutting costs in the system. There are barristers in the Law Library who cannot be approached...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I will press the amendment. It states that "without prejudice to the functions of the authority referred to, the authority shall, following appropriate public consultation, prepare and furnish reports to the Minister". That is what we are asking for. Will it, please, prepare a report on an idea that has been around for ages, a right of direct access to a barrister, other than through a...

Seanad: Legal Services Regulation Bill 2011: Report Stage (26 Nov 2015)

Sean Barrett: I move amendment No. 40:In page 36, line 32, to delete “4 years” and substitute “1 year”. I welcome the Minister. The Bill states:"A report in respect of the matter referred to in subsection (1)(b)—(a) shall be provided to the Minister within 4 years of the establishment day," As much of what we are attempting to do in the Bill is well known, why is there...