Seanad debates

Tuesday, 1 December 2015

Legal Services Regulation Bill 2011: Report Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I welcome the Minister's very detailed explanation of these amendments. I am interested, however, in her remark that the view of the authority is too subjective. Despite the fact that the Minister provided for the wording that refers to the view of one of the legal bodies - I cannot remember which - she said before that it was too subjective, yet here it is now popping up. I am sorry; I will clarify that. The Minister put in the wording that refers to the authority forming a view of something, yet now she is saying it is too subjective, so there is a bit of a conflict there.

I welcome the option of appealing to the High Court the determination of the review committee. I think that is a good thing. The Minister referred to the fact that during Second Stage, or during an earlier debate on this Bill, we commended the provision that an apology would not constitute an admission of liability. The tendency of the Bill is to urge the parties towards reconciliation and so on without actually resorting to court procedures, but such recourse to these proceedings to try to reach an accommodation shall not be taken as admission of liability. That is a good thing because it frees up the system and encourages people to take a course of moderation and to try to sort things out without recourse to the law, which can be extremely expensive.

I have a query about one of the amendments, but by and large they are good. They are fairly substantive amendments dealing with big matters that need a certain amount of thought.

Comments

No comments

Log in or join to post a public comment.