Joe O'Toole (Independent)

Senator Ross and I tabled a motion in May 2003. Every item, bar one, mentioned in last night's programme was included in the debate. Various people spoke in the debate, including Senator Scanlon who spoke as an auctioneer. Not enough has happened. The Minister was as good as his word in establishing a commission, which has since reported, but nothing has happened. The only revelation last night was the clear connection between mortgage companies and estate agents. We believed auctioneers favoured buyers whose mortgage was arranged by the auctioneers. At that stage I thought the purpose of this was to receive a commission but I did not realise how underhanded it was. It was linked to the amount the young person could afford to pay.

It is disgraceful that the public is not being protected. It is also disgraceful that a minority of estate agents and auctioneers are drawing many responsible auctioneers into disrepute. Their names and reputations are sullied by these revelations. We know the issues and it would now be easy to introduce legislation. We have a responsibility to do so and in this regard we could demonstrate our commitment to members of the public who are affected by this.

The Competition Authority's report on the legal profession has come to the fore in recent days. I will give an example, speaking with vested interest as vice chairman of the Personal Injuries Assessment Board. When a solicitor comes to the Personal Injuries Assessment Board on behalf of a client to put a claim through, we are prevented by a court ruling from telling the client that he or she does not need a solicitor. This is a reason difficulties arise and why we are appealing the matter to the Supreme Court. The issue may require a change in legislation at some time in the future.

These types of protective practices cause difficulties for the legal profession but I do not agree with the idea of qualified conveyancers to do land conveyancing. I would have more trust in a legal person than anyone else with such a matter, but the idea of a legal services commission to oversee the operation of both sides of the legal profession would be important.

I would like a focused debate on the Competition Authority, as some of its actions should be questioned. It is not correct the whole time.