Seanad debates

Wednesday, 31 October 2007

11:30 am

Photo of Terry LeydenTerry Leyden (Fianna Fail)

Will the Leader arrange for the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, to come to the House to discuss the scandal concerning the legal profession and dismal failure of the Incorporated Law Society of Ireland to regulate that profession? There is a need for the establishment of a proper and accountable system of scrutiny. England and Wales, for example, jurisdictions with which our legal system has similarities, have the Office of the Legal Services Complaints Commissioner.

One of the key recommendations of the Competition Authority report at the end of last year was the establishment of a legal services commission. The Competition Authority notes that similar recommendations have been made in other reports as far back as one by the Restrictive Practices Commission in 1983.

This is a major scandal. I believe 10,000 solicitors are registered in Ireland, a small number of whom are involved in this scandal. It has serious repercussions for the banking system and for the individuals affected.

When I brought through the Registration of Wills Bill last year, I received no support whatever from the Law Society which endeavoured to ensure the Bill would not become law. It will do everything to stop anything that affects its members.

This is the time for change. This is an opportunity for the Minister to bring forward a Bill to allow for independent registration and supervision of the legal profession. That profession has always had great influence in these Houses but it is time the Government took a hard stand. It has the excuse now to bring in such a Bill. No other professional body in Ireland, so far as I am aware, is self-regulated. It is not a proper approach. I receive representations from solicitors who want to see an independent organisation established. They are unhappy with the way in which the Law Society deals with rural members. The word "society" is very apt because it is a little club or society which controls its members. Will the Leader invite the Minister for Justice, Equality and Law Reform to come to the House to explain the crisis in the profession and what steps he will take to bring forward a Bill to implement the Competition Authority recommendations?

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