Seanad debates

Thursday, 26 November 2015

Legal Services Regulation Bill 2011: Report Stage

 

10:30 am

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

No, this provision was not included in the original Bill. It was always envisaged that there would be consultation on this issue. There was a timeframe, which is what we still have.

I want to give the definition of "contentious matter". It means a matter that arises in and 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 of the parties are determined and to which the person instructing the barrister concerned is a party. Obviously, the non-contentious issue is also dealt with. The approach under the Bill is to provide elsewhere for it. I cannot accept the moving of the direct access issue to this location also. There is a process in place. There is also the issue of clients' moneys in relation to barristers. There is quite a number of complex issues that need to be addressed. That is linked with amendment No. 40 which is about the unification of two legal professions in one year. We need the new authority to bed down and be fully functional in its first year. It already has many reporting obligations in the period of its early establishment. The question of fusing the two professions will have to take account of the developments being enabled to take place under the Bill, particularly the roll-out of the new legal business models. It must be remembered that they are being brought in next year. Legal partnerships are being put in place. If the authority is established on 1 January, as we intend, legal partnerships will have to be in place within six months. That is a totally new model in terms of access to barristers and solicitors practising together. That is extremely important.

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