Denis O'Donovan (Fianna Fail)

Senator Bacik hit the nail on the head when she stated this section is the cornerstone of the Bill. I note the ombudsman is an additional layer of control over the legal professions. In the Solicitors Acts, which regulate the solicitor profession, there are substantial mechanisms along these lines and from my experience and knowledge, they are well utilised. Many solicitors have been struck off and others have been severely disciplined.

It should also be noted that complaints of misconduct against solicitors may be made by clients to the society or the solicitors disciplinary tribunal, which is an independent statutory tribunal appointed by the President of the High Court under the 1994 Act to investigate complaints of misconduct against solicitors. Members of the tribunal appointed by the President of the High Court include lay persons. There is a notion abroad that the Law Society regulates itself, but it is far better dealt with in practical terms.

In this regard, the appointment of the ombudsman is an extra layer with which I have no problem. The same may be said of the Bar Council which has its rules and regulations. A client who has a complaint against a solicitor has many avenues open to him. He can make a complaint to the Law Society and it will be investigated. It may end up at the solicitors' disciplinary tribunal, as many serious complaints have, and if that fails, the client has a right to go to the legal services ombudsman if he is not entirely happy.

When I set up a small practice on 4 April 1981, I was advised to take out professional negligence insurance, at a cost of £750, which was a lot of money then. We cannot practise without professional negligence insurance so it is possible to undertake civil action against a solicitor on the grounds of being ill-advised or that the client lost money when relying on a solicitor's skill and judgment.

Many avenues are available in the event of a complaint; this is a cornerstone of the legislation and it is a good thing. It gives the public extra comfort that there are so many steps. There is a perception that solicitors and barristers are untouchable, but it is not true. In the early 1980s when I started, it was almost impossible to find one solicitor who would take on another. I was pursuing a particular medical negligence case where I had to engage a British consultant because no Irish consultant would act against a colleague. That has changed. Now, in every county, there are solicitors on a panel ready to chew up their colleagues for making mistakes. Everyone makes mistakes and there are civil remedies.

The more serious mistakes where there is gross misconduct, however, deserve criminal sanction so this is an important aspect of the Bill. This is not the first avenue for a complaint, it could be the fourth or fifth.