John Paul Phelan (Fine Gael)

I welcome the Minister of State and apologise for missing the beginning of his presentation.

While researching the passage of the Bill through the other House I noted it was introduced by the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, who stated on Second Stage that the rule of law is the cornerstone of a properly functioning democratic society, which is correct. However, the Minister also stated in the second part of the first sentence that in an increasingly complex and prosperous society the law is becoming ever more complex. I wonder, given we are a little less prosperous now than we were eight or ten months ago when the Minister made those comments, is the law becoming any more simple. The answer is probably that it is not.

I welcome the provisions of this Bill which Fine Gael will not be opposing. However, I would like to address a number of issues which arise as a result of the introduction of this Bill. I understand — the Minister of State confirmed this in his contribution — that the two bodies that govern the role of solicitors and barristers, the Law Society and Bar Council, welcome and broadly support this legislation. When the Government was considering introducing this legislation there was a considerable ground swell of support for the proposal that the office of the ombudsman be completely independent and that all complaints relating to legal issues should be referred directly to the office, as established, rather than to the self-regulating bodies that are the Bar Council and Law Society. The Government has chosen this particular direction, namely, the existing complaints procedure of the two representative bodies will remain in place while this overarching mechanism will allow people who have complaints against practitioners, be they barristers or solicitors, and who believe those complaints have not been correctly dealt with by the representative bodies, to proceed to the office of the legal services ombudsman to have their complaint investigated further. This extra level of investigation is a welcome development.

I welcome that the office of the legal services ombudsman will not be dependent on the Exchequer in terms of its operation and that the two representative bodies for the legal practitioners will fund its operations. Our experience in terms of the role of different ombudsmen has been, by and large, positive be it in respect of the position occupied by Emily O'Reilly or others. By and large those offices have been successful. I welcome that the Bill provides that the ombudsman will report, within two years, to the Minister and the Oireachtas in regard to the success or otherwise of the position introduced by this legislation.

The Minister referred in his contribution to the laying of reports of the ombudsman before the Minister. I presume they will be laid before the Oireachtas in general and not only the Minister. I understand this is the case. Another aspect of the introduction of this legislation is the control of access to the professions as dealt with under section 9. There has been much media cover in regard to the proliferation of solicitors in particular areas of the legal profession. However, I do not know how if that is the case. I welcome that the ombudsman will monitor the number of people entering both professions. Also, I welcome that the board may be made up of non-legal practitioners and that the ombudsman will not be a legal practitioner.

Senator Quinn and I are not legal practitioners though my two learned colleagues, Senators Bacik and McDonald, who will speak later on the Bill, are. It is important justice is seen to be done. That the position of ombudsman will be filled by a non-legal person is to be welcomed. I realise this legislation stems primarily from a number of recent high profile cases involving members of the legal profession who engaged in activities which brought both professions into disrepute. While the legal profession has not been dramatically undermined, any initiative to restore people's confidence in it is to be welcomed. There is a necessity, following on from a number of those activities, to restore confidence in the profession. I welcome the Bill in this regard. I am sure I will be permitted to raise on Committee Stage any other issues that come to mind.

Fine Gael supports the Bill as laid before the House.