Seanad debates
Tuesday, 3 March 2009
Legal Services Ombudsman Bill 2008: Committee and Remaining Stages
4:00 pm
Denis O'Donovan (Fianna Fail)
I am glad Senator Norris raised the issue of infallibility of judges. A Bar Council was enunciated eight years ago by a previous Minister for Justice, Equality and Law Reform, the Ceann Comhairle, Deputy John O'Donoghue. It is a concept I have always supported, in particular given that I chaired a committee that examined matters in regard to a certain judge who was not infallible, as the learned Senator will know.
Perhaps the Minister of State will enlighten me on the following matter. Given the current call to patriotic duty by the Minister for Finance, the salaries of all, including Senators and Deputies, are being scrutinised, which is fair enough. We are being asked to take a cut in expenses and so on for the sake of the economic survival of the country. However, I have not yet heard any judge, from the Supreme Court to the District Court, offer to come on board this patriotic voyage and take a 10% cut in salary. A District Court judge earns approximately double the salary of that of humble Members of this House, and good luck to them, but in this era of total protection of the Constitution there is a moral obligation on judges to bear their fair share of the burden. If judges were to agree to a 10% pay cut for the next four years or until such time as we wade our way out of this difficult situation, this act of great patriotism would send out an important message to the public. I have never experienced an economic downturn of such severity. I urge the Judiciary, while not suggesting they should or must do so, to consider taking a 10% pay cut for the next three or four years. That would send out an important message to the public. I use the opportunity of this debate to call, for what it is worth, on the Judiciary to do so.
I wish to address two further issues. I put on record my congratulations to the Law Society — my colleague, Senator Bacik will be aware of this — on its proposal to offer students the opportunity to undertake their examinations at a new school in Cork rather than in Blackhall Place. This is a great achievement. It made no sense that people from Cork, Kerry or Munster in general had to travel to Dublin to do their examinations. It is a wonderful step forward. On a related matter, I have called on numerous occasions in this House for the establishment of a High Court in Cork. While this issue may be outside the remit of this legislation, perhaps the Minister of State will comment on it.
By way of clarification in regard to the attorney issue, the plate concerned was erected by a firm which has more than one office in the city. They are neither barristers nor solicitors and they have misled people. The person who raised this issue with me, an American citizen, originally lodged a complaint with the Law Society, which had no record of the firm concerned. He then approached the Bar Council which also had no knowledge of the firm. As far as I am aware — I am open to correction on this point — he also lodged a complaint with the Department of Justice, Equality of Law Reform, through the Minister, and got nowhere either. This type of practice must be stamped out. This firm is still plying its trade, probably within a five mile radius of this Chamber. That should be stamped out, possibly not under this legislation but I hope it can be taken on board. Neither the Incorporated Law Society nor the Bar Council is at fault because these people never came through them. It is like the old story of people calling themselves architects when they were not qualified. A wrong has been done and there is no remedy. I think it was King John who said "where there is a writ there is a remedy" or there should be. A wrong has been perpetrated, possibly affecting others apart from my acquaintance, and I would like to see it remedied if possible.
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