Seanad debates

Wednesday, 9 April 2008

Civil Law (Miscellaneous Provisions) Bill 2006: Second Stage

 

12:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I thank the Minister for his comprehensive outline of the Bill. It has been a long time in production and was promised by the last Government before the general election. The Bill tidies a number of legislative measures and includes some significant innovations. In general, however, many of the changes are technical and raise no particular difficulties. The most significant is probably the provision regarding the legal service ombudsman which, given concern about the regulation of the profession, is important in terms of assuring the public that the profession is working to the highest standards.

There was a significant debate on this Bill in the Lower House and many of the amendments and suggestions made on Committee and Report Stages are reflected in it. My colleagues will wish to raise a number of issues but I wish to raise one in particular, on which I will reserve my position in terms of amendments. Section 67 deals with legal aid. The Minister indicated that the provision clarifies the situation of the Legal Aid Board, but does this amendment narrow the cases where a waiver or reduction in contribution will apply in cases of severe hardship? The definition of severe hardship is not included in the Bill. With regard to legal aid, FLAC has brought judicial review proceedings regarding the ability of the Legal Aid Board to grant legal aid. What is the background to this amendment in the Bill? I would be grateful if the Minister would elaborate on it. It is a matter on which I will reserve my position in terms of making an amendment.

That is the only specific issue I wish to raise. In general, I welcome the Bill. It is an important tidying measure.

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