Barry Andrews (Dún Laoghaire, Fianna Fail)

As Senator O'Donovan noted, it is intended to introduce a judicial council Bill for the purpose of making complaints against judges. Issues clearly arise in regard to separation of powers and the Constitution. It is not intended in respect of the present Bill to invest the legal services ombudsman with powers to investigate complaints against members of the Judiciary.

I cannot say that the issue of attorneys-at-law holding themselves out as lawyers is addressed in this Bill. Many barristers are dual qualified as attorneys-at-law and can legitimately advertise themselves as such, though they would not have a right of audience in court solely on that basis. Perhaps consumer protection legislation is the most appropriate vehicle for protecting consumers against what is in effect false advertising. We must guard against the possibility that a client would rely on the legal advice of an individual who is not a solicitor or barrister.

I agree with Senator Phelan that equality of access has improved dramatically. The King's Inns formerly provided classes that began at 4.30 p.m., which was convenient for working students. As a teacher, I was able to take advantage of these courses but now that the course is full-time it is much more difficult for people with other careers to enter the profession. I hope this will not have a negative impact in terms of equality of access to this part of the legal profession. The Bill, in later sections, deals with issues relating to clients of a barrister. Nowadays, there is direct access by professionals to barristers. In other words, other professionals such as accountants can be clients of a barrister.