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

We have already discussed the issue of conveyancing. I have said to the Senator that I will revert to him on this on Report Stage having examined it. I take the points the Senator makes. Obviously, I will have to proceed while taking into consideration the range of other reports requested and the sort of sequencing that exists. I do not want to swamp a new authority with responsibility for producing many different reviews in a very short period, particularly in the first year. I will certainly examine the conveyancing issue. The Senator has made a very strong case in that regard. Let me see what I can do about it.

Section 86 of the Bill already provides for direct access to barristers. As the Senator knows, in non-contentious matters there is statutory provision in this regard for the first time, and that is important. The creation of the new legal partnerships, which will be up and running in 2016 after the six-monthly report, also deals with the question of access. There is to be statutory recognition and regulation for the first time of the 100 barristers who operate outside the Bar Council and whose number is probably increasing. This also deals with that issue of access. However, we have said the LSRA should carry out a review of this. That is provided for. I hope that gives the Senator an idea of the approach we have been taking to this issue.

That we are now dealing with limited liability is supportive of smaller firms, particularly of solicitors, many of whose practices have actually wanted to merge around the country in order to provide what might be regarded as a more comprehensive service. The chance of this happening will improve with limited liability, and that will make for more competition and probably a better service and access, or a different service and different form of access than we have at present. I do not intend to accept the amendments and hope the Senator will accept the points I am making.

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