Denis O'Donovan (Fianna Fail)

It is the Senator's prerogative. Given that we are dealing with the legal profession in this Bill, I congratulate our Taoiseach-in-waiting and Leader of Fianna Fáil who is a member of that profession. It is probably a great honour for the profession that Deputy Brian Cowen is in this position. I wish him the best of luck. If he has as much success as the outgoing Taoiseach, we are in for a long period of prosperity and peace on this island.

I welcome the Bill, which is important, tidying legislation, and I welcome the Minister of State, Deputy Seán Power. The last Government and Minister for Justice, Equality and Law Reform gave a commitment that a statute would be introduced to consolidate all the legal measures in criminal and civil law, some of which date from the Magna Carta. The aim was to have one over-riding statute in criminal and civil law to encompass all those measures. This has been considered for many years but for legislators, legal practitioners and the general public it is something that could be done in the lifetime of this Government. It is a huge challenge but is worth pursuing.

The most significant change in the Bill is the provision regarding the legal services ombudsman. This is a new position and I welcome it. The ombudsman will oversee complaints against barristers and solicitors. I have been a practising solicitor for almost 30 years and I wish to put on record my absolute confidence in how the Law Society — I cannot speak for the Bar Council — has dealt with complaints in general. Recent incidents which are, thankfully, the exception rather than the rule have brought a new focus on solicitors and the legal profession. There have been three headline cases in the past six months. It is right and fitting that such acts of impropriety or wrongdoing should be fully and vigorously pursued.

One should, however, consider the overall position. Since I qualified as a solicitor in the late 1970s the number of solicitors has quadrupled while the amount of business has multiplied twenty-fold. However, the number of complaints against solicitors is less than 0.01%. Of those, approximately 85% are without foundation and are spurious and vexatious. Nevertheless, it is important to ensure there is transparency and clarity in these matters. When one considers the overall situation with regard to complaints and scrutiny of the profession it is important to examine all angles. It is not good enough to have inadequate services, charge excessive fees or, worst of all, have misconduct by solicitors. However, I believe complaints to the Law Society get a fair hearing. We see the headline cases where people get away with serious misconduct but, in my experience, many solicitors have been chastised, penalised and, in some instances, they have been struck off the Roll of Solicitors. It should be put on the record that the Law Society has acted fairly. As in any other area, nobody is beyond reproach and there is no perfect solution. There will never be a utopia in any profession where there is no wrongdoing, but we always strive towards it.

Another old hobby horse of mine is that I have always advocated that there be a permanent High Court judge sitting in Cork. The old courthouse was revamped at a cost of many millions of euro and is wonderful. When practising as a solicitor before entering full-time political life, my experience has been that when High Court or civil matters bring expert witnesses from Dingle or Bantry to Dublin, whether they be gardaí, medical consultants, engineers or other experts, it clogs up the system and causes delays. While the High Court goes on circuit to places such as Limerick and Cork, each region, such as Galway and Cork especially due to the volume of population in the Cork-Kerry area, should have a permanent High Court judge. I ask the Minister of State to consider that.

A number of practical changes have been made in this legislation and I would like to mention the provision on statutory declarations, which I welcome. In the context of global commerce, people from China, Japan, South America or Canada, for example, come to business or technology parks in places such as west Cork, Galway or Mayo and stay for two or three days to do business. In such situations something must be declared under the Statutory Declarations Act. According to the old affirmation in the statutory declaration one must know the person to sign a declaration. The Bill introduces a practical change in that the provision of a passport would be acceptable as reasonable evidence of a person's identity. In some instances a valid driving licence might be acceptable.

I recently had a discussion with some business people on the right to contract out in landlord-tenant situations, and this is an important provision in the Bill. It was the bane of solicitors' lives in many areas when, in the not too distant past, a lease was confined to two years and 11 months. That was extended to four years and 11 months, beyond which one got what was then known as a business equity and could compel one's landlord to enter a 35-year lease. This has not worked in many practical areas. I am glad to say this Bill inserts a provision that both parties, especially the tenant, can contract out of this situation in the lease providing he or she obtains independent legal advice. That is very important. I know of several situations in my constituency where a tenant such as a hairdresser, solicitor or accountant has a lease on a premises and has to watch the clock ticking up to four years and 11 months because if it goes beyond five years, the matter usually ends up in court. It is a prudent provision that in future one can insert a clause at the outset saying one is fully aware of one's rights and obligations but accepts a clause that if one stays beyond the four years 11 months period, one will not force the landlord into a 35-year lease by going to court. That is practical, makes sense and I welcome it in particular.

There is an interesting provision in this Bill for changes to the Succession Act. From time to time it happens that a married or cohabiting couple in this joint situation are killed, for example, in a road traffic accident. I ask the Minister of State to explain the change a little more if possible and what it is intended to achieve. I am a bit confused and unsure on this issue and would like greater clarity on it.

The Bill is welcome. There are many other aspects of it that bring change. I recognise that I was pursuing the lines of the legal services ombudsman during Dáil debates and I want to clarify that. The issue will be examined again and rightly so. Whatever complaints procedure we have, whether the Bar Council or the Law Society of Ireland, it is important there is greater input from civil people, not from the profession, and that there is an ombudsman to oversee complaints in the event of a person being unsatisfied. There is always the question of who judges the judges. The legal profession, whether barristers or solicitors, is not above the law, and should not be. I welcome and support the Bill in so far as I have read and studied it.