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

I wanted to make a point in respect of a number of amendments that I want to bring on Report Stage. We have discussed some of them today. Some relate to pre-action protocols in clinical negligence cases and some transitional provisions which we discussed earlier. There is also an amendment to update the protected disclosure section of the Bill in light of the Protected Disclosures Act of 2014 with some cross-references and to provide for some repeals and amendments to the solicitors Act. Quite a number have been suggested by various Senators, including one in respect of non-residence in the State and the inconsistencies between sections 17 and 19. There is a question here on the disclosure of information by the authority and its interchange with the principle of legal privilege.

An amendment may be inserted to require consultation with the Competition and Consumer Protection Commission by the authority when it is conducting the review and to give clarity around the timeline policy for the administration of complaints, which continues to be three years as a matter of policy. Another amendment may clarify how appeals from claim amounts on the compensation fund will be handled and there may be a reference for information to be passed to the Chief Justice if and when a barrister is struck down from the role of practising barrister due to serious misconduct. Another amendment will ensure the authority proves in regard to its resolution of complaints regarding excessive fees. There may be an amendment to section 153 to make a small distinction between solicitors and barristers to take account of their slightly different roles, as well as an amendment to the definition of "practising barrister" to ensure all barristers, like solicitors, have to complete a period of apprenticeship before offering legal services to the public.Some improvements may be required to clarify Part 5, the complaints section, in regard to timeframes and there may be more consequences for Parts 9 and 10. There may also be an amendment to section 1 to deal with some of the issues that have arisen in regard to competition. Many issues have arisen from today's discussion, but they relate to amendments and issues I will deal with on Report Stage.

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