Seanad debates

Tuesday, 3 March 2009

Legal Services Ombudsman Bill 2008: Committee and Remaining Stages

 

5:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I welcome the principle expressed in section 22. I have often been approached by people who are unhappy with the service they have received from a solicitor or barrister. Often delay is a major factor in people's dissatisfaction, with calls not being returned or unexplained delays in procedure. I know how difficult it is for practitioners to keep on top of work so there are points on both sides, but delays within the disciplinary processes should be included as matters the legal services ombudsman may investigate. Where either the barristers' professional conduct tribunal or the Law Society's procedures have delayed unreasonably in processing complaints, the ombudsman may step in.

A person may make a complaint to the ombudsman even when he is entitled to bring a complaint in a court so the ombudsman's power of scrutiny is overriding. There has been a problem with delays in court judgments, a matter the European Court of Human Rights has raised. I doubt, however, it is within the scope of this Bill to resolve that today.

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