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

I will go into the details. Amendment No. 122 is a drafting amendment to eliminate repetition of qualifications for lay membership of the disciplinary tribunal. The purpose of the amendment is to replace subsection (1) of section 66, which was inserted on Seanad Committee Stage by amendment No. 76. The subsection (1) which was inserted includes subparagraphs (a) and (b). Subparagraph (a) carried over the reference to the requirement for ten years practice which was in the published Bill, and my intention is to retain it. However subparagraph (b) referred to the types of knowledge and expertise which a person must have if he or she is to be appointed a lay chairperson of the disciplinary tribunal. Since these elements of knowledge and expertise are already set down in Section 65(3) of the Bill, inserted on Committee Stage, as requirements for lay membership of the tribunal, there is no need for them to be repeated here. The effect of the amendment proposed is thus to delete subparagraph (b) of subsection (1) of section 66, thereby removing the repetition. I am keeping one part and taking out one other part.

Amendments Nos. 123 and 125 are consequential amendments arising from the substitution of a new section 62 under amendment No. 118. Amendment No. 124 substitutes a new subsection (1) within the section dealing with the property of a limited liability partnership regarding the enforcement against it of any debt, obligation or liability. It is a drafting amendment to ensure that there is no ambiguity as to the access to the property of the partnership to meet the debts of the partnership.

Amendments Nos. 126 to 129, inclusive, 134 and 139 are technical drafting amendments designed to clarify the meaning of the provisions concerned. Amendment No. 130 is a consequential amendment arising from the substitution of the new section 62, which provides for appeals to the High Court. Amendments Nos. 131 and 132 are consequential amendments arising from the deletion of the subsection (8) in amendment No. 130. Amendments Nos. 135 and 136 have been tabled to change the terminology of the sanctions in the Bill and bring them in line with those already in place in the Solicitors Acts.

Amendment No. 137 has been inserted to make it clear that the sanction to be imposed under subsection (1)(l) will apply only where the misconduct consists of a breach of the solicitors accounts regulations. This is in line with the sanctions already in place under the Solicitors Acts. Amendment No. 138 inserts a new sanction into the Bill regarding practising barristers. The amendment allows the disciplinary tribunal to direct the authority to impose restrictions on the practice of a barrister. Amendment No. 133 is a consequential, tidy up amendment arising from amendments Nos. 137 and 138.

Regarding amendment No. 140, the intent behind the new subsections is to ensure that the aggregate amount of fines which can be imposed on a legal practitioner is €15,000 and that the means of the legal practitioner must be taken into account. I have based this on legal advice from the Attorney General. If we do not take a legal practitioner’s means into account, a fine could be open to challenge in the courts.

The amendments relate to the operation of the legal practitioners disciplinary tribunal and will give greater clarity to the work of the tribunal.