Seanad debates

Thursday, 19 November 2015

Legal Services Regulation Bill 2011: Committee Stage

 

10:30 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Senator O'Donovan makes an extremely good point. We are speaking now about the powers of inspection, because the discussion is around Part 5, and this is where I go into the detail of how the complaints will be handled. In answer to the Senator's query, yes, there is a mechanism to deal with that type of situation. It is quite clear that there has to be an assessment in the first instance. The complaints can vary from anonymous complaints to those that are very serious and those that have other motivations. We know that this can happen in any walk of life. The authority will have a triage system, and the complaints process will include triage for admissibility types, attempts at informal resolution or mediation where appropriate, referral to the complaints committee of the authority, and, where necessary, referral for determination of misconduct by a legal practitioners' disciplinary tribunal. Like any complaints process, it is a system that in the first instance can assess what is the level of complaint and make a reasonable judgment on that. Depending on that judgment, it can then go to the most serious level of inspection, which I have just described, or, after the triage, it may be decided that the complaint does not warrant further investigation. This type of process is followed all the time by other bodies. The legal services regulatory authority will be in a position to do exactly that. Senator O'Donovan asks a fair and relevant question because there does have to be an assessment of the complaints as they come in and an assessment of the way in which they should be dealt with depending on their seriousness and so on.

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