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

Frances Fitzgerald: ...in some areas with a great amount of work to be done, which is what I am bringing forward today. Provision will be made for the possible transfer of the complaints handling staff of the Law Society and the Bar Council into the new body, to ensure adequate working capacity and expertise as we move from the old system to the new. I am glad to say such a transfer has received support from...

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

Denis O'Donovan: ...from what it was originally supposed to be. I make that observation at the very outset. There is no doubt that we need to have independent regulation. That is something I advocate. As Senator Barrett mentioned on the Order of Business this morning, it seems that the existing staff of both the Law Society and the Bar Council will be subsumed into the new authority. That creates a doubt...

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

Sean Barrett: ...buys a house in this country. The costs are way in excess of those which obtain in the United Kingdom. That damages our competitiveness. The Bill does nothing about the right of audience to a barrister without having a solicitor present. It seriously disappoints the Competition and Consumer Protection Commission which, in one of its former guises as the Competition Authority, has been...

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

Ivana Bacik: ...only eight of us spoke. I was one of those eight. Certainly, I made a full speech in which I spoke about the need, as I saw it, for certain amendments and so on. I speak as a former member of the Bar and a practising barrister.I can say for sure, and Senator O'Donovan will acknowledge, that there are many members of both legal professions who are most unhappy about the reforms in this...

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

Frances Fitzgerald: ...complaints. This is important. There is to be an independent statutory framework set up for the first time. I could comment on the various points. The cost regime is quite significant, as Senator Barrett should note. His point on conveyancing is addressed in the Bill, as recommended by the Competition Authority. We have taken it on board, along with any of the points the authority...

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

Denis O'Donovan: ...new section contained in amendment No. 156, I am a little confused. As I understand it, it can deal with a complaint from the public without it going through the Law Society or, I presume, the Bar Council, but this refers in particular to the Law Society. It is a little difficult to fathom. The Law Society also has a twin-track role in investigating a complaint against its member. I...

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

Frances Fitzgerald: ...to move all the functions across, we would be talking about a completely different type of body. I want to make the point that this would have enormous resource implications. I remind Senator Barrett that there was absolute cross-party agreement on the transfer of the staff who are coming across. There is a need to recognise the expertise of the staff in the establishment of a new body....

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

Trevor Ó Clochartaigh: ...consider doing so before Report Stage, an amendment proposing that the authority should consist of 13 members and of the following persons: three persons nominated by the Law Society of Ireland; two persons nominated by the Bar Council of Ireland; one judge of the Superior Courts nominated by the Chief Justice; one person nominated by the Irish Business and Employers Confederation; one...

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

Trevor Ó Clochartaigh: ...page 29, line 10, after “may” where it firstly occurs to insert “, after consultation with the professional bodies,”. Sinn Féin is concerned that the staff employed by the Law Society and Bar Council to handle and investigate complaints will lose their jobs and be replaced by staff in the new authority carrying out the same role. The trade unions have...

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

Frances Fitzgerald: ...for any Department or office, thereby reflecting the independent nature of the new authority. My amendment No. 29 inserts a new section relating to the transfer of the staff of the Law Society or Bar Council. As I said, there has been wide political support, including from the Senator's party and, indeed, all parties on Committee Stage, for finding a suitable way to deal with the very...

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

Sean Barrett: ...regulatory capture. As we know from the banking inquiry, a good regulator should, in the wider public interest, be independent of the sector he or she is regulating. Both the Law Society and the Bar Council have done a splendid job on behalf of their clients in resisting change for the past 38 years or so. Do we expect them now to become agents of change? There is a risk in this...

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

Paul Bradford: I wish to comment briefly on what Senator Barrett has said. He has issued a note of warning and given an example of experience from which we can learn. I appreciate what is being proposed and understand the necessity for it because people who have a degree of expertise can bring it to the new authority. I presume the Minister is expecting that a sizeable number of the authority's staff...

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

Frances Fitzgerald: ...certainly examine the conveyancing issue. The Senator has made a very strong case in that regard. Let me see what I can do about it. Section 86 of the Bill already provides for direct access to barristers. As the Senator knows, in non-contentious matters there is statutory provision in this regard for the first time, and that is important. The creation of the new legal partnerships,...

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

Frances Fitzgerald: ...this Bill; inadequate service; excessive costs; the commission of an arrestable offence; behaviour likely to bring the solicitors’ profession into disrepute; and behaviour likely to bring the barristers’ profession into disrepute. Subsection (2) sets out the manner in which the complaints or disciplinary tribunal established under the Bill or the High Court in considering a...

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)

Trevor Ó Clochartaigh: ...legislation because we have said that we are very positive about this legislation. We believe the Minister may need to look once more at the levy. We wish to raise the concerns of people in the Bar Council in particular that the levy is a fair one and that it reflects the volume of complaints against barristers. They have also expressed concerns that the levy is too high and could...

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

Frances Fitzgerald: The Bill allows for the introduction of a range of new business models. These include legal partnerships which are partnerships between solicitors and barristers or between barristers only and multidisciplinary practices and which allow for the provision of legal and other services by one firm. As a result of amendment No. 99 and other amendments tabled, the Bill will provide for the...

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

Frances Fitzgerald: This is a technical amendment which is designed to bring clarity. The section provides that employee barristers will be able to act on behalf of their employers in court. Senator Hayden spoke on a related point. They are currently prohibited from doing so under Bar Council rules. The section also provides that the legal professional representative bodies will not be able to prevent their...

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

Frances Fitzgerald: The Bill creates the conditions for a new type of barrister to emerge, namely, one who chooses to provide his or her legal services outside the traditional Law Library model. In that context, the amendment provides that the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 will be amended to allow the legal services regulatory authority to become the designated authority...