Seanad debates

Thursday, 19 November 2015

Legal Services Regulation Bill 2011: Committee Stage

 

10:30 am

Photo of Sean BarrettSean Barrett (Independent) | Oireachtas source

Section 84 is related to section 86. The former defines a contentious matter as "a matter that arises in, and that relates to the subject matter of, proceedings before any court, tribunal or other body or person before which the respective legal rights and obligations of two or more parties are determined, to which the person instructing the barrister concerned is a party". Section 86 provides that "No professional code shall operate to prevent a barrister from providing legal services in relation to a matter, other than a contentious matter where his or her instructions on that matter were received directly from a person who is not a solicitor." Almost everything can be defined as a contentious matter unless one wants to ask a barrister for a tip for the races at Leopardstown, for example. Section 84 undermines the recommendation of bodies such as the Competition and Consumer Protection Commission to the effect that consumers should be able approach a barrister without having a solicitor involved.

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