Seanad debates

Tuesday, 3 March 2009

Legal Services Ombudsman Bill 2008: Committee and Remaining Stages

 

4:00 pm

Photo of John Paul PhelanJohn Paul Phelan (Fine Gael)

I welcome the Minister of State. Senator Norris raised a legitimate question regarding complaints against the Judiciary. The former Minister for Justice, Equality and Law Reform, Michael McDowell, explored mechanisms for such complaints. All Members of the Oireachtas receive complaints regarding members of the Judiciary, although 99% are of the excitable and conspiracy theory nature described by Senator Norris. Perhaps this Bill is the appropriate vehicle for a complaints system.

Senator Donovan identified the anomaly of people who claim to practise as lawyers but are not subject to the complaints procedures of the Law Society. They will fall through the cracks in this Bill.

I can compile a list of young people at various stages in their law training who are now being cast on the scrap heap. I concur with Senator O'Donovan that the legal profession was traditionally seen as the preserve of the elite but this has dramatically changed in the past several years. I hope we never return to those days but a problem has clearly arisen in regard to the expectation among students that they can find lucrative employment as solicitors and barristers. Increasing numbers of students cannot complete their training because solicitors' firms are closing. I am aware of several firms in Kilkenny which have gone out of business over the past 12 months. The trainees in those offices face a difficult future because they are not yet qualified.

I welcome the provision in section 9(1)(d) for promoting awareness among the public of the procedures of the Bar Council and Law Society. There is a perception that the two bodies operate behind closed doors in smoke filled rooms or whatever the current equivalent of these may be.

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