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

Amendment No. 141 is being tabled by the Government to correct a wrong word used in subsection (1) of the section 75 that we agreed to insert into the Bill under amendment No. 85. The word "consideration" was used when in fact the word "recommendation" should have been used and that is being rectified.

There are a number of references in these amendments to legal practitioners who are to be informed in the event of a striking off of a barrister and listing additional directions which may be issued by the High Court having considered a matter referred to it by the Legal Practitioners Disciplinary Tribunal.

On amendments Nos. 142 and 143 involve the deletion of the term "legal practitioners".

Amendment No. 144 inserts the words "legal practitioner" before the word "solicitor." It is a drafting amendment to ensure that the person referred to is a legal practitioner as well was being a solicitor.

The purpose of amendment No. 145 is to include the Chief Justice as a person who is required to be notified of a decision of the High Court to direct the removal of the name of a barrister from the new authority's roll of practising barristers.

The purpose of amendment No. 146 is to include three new sanctions which may be imposed on a legal practitioner by the High Court, following an application to it on foot of a complaints process. These new sanctions are to direct the practitioner to take specific action at his or her own expense in the interest of the complainant, to pay a sum of money as restitution to an aggrieved party and to pay the costs of the disciplinary tribunal's inquiry into his or her misconduct. These sanctions were in fact available to the disciplinary tribunal under the amendments made on Committee Stage. However, on the advice of the Attorney General, the power to impose these additional financial sanctions has been transferred to the High Court which will act on the application of the disciplinary tribunal.

Amendment No. 147 is a drafting amendment which makes a decision or order and simply adds the words "decision or" before the word "order."

Amendment No. 148 is an order to ensure that any decision or order of the High Court, relating to a solicitor is furnished to the Registrar of Solicitors. In other words, it must be referred to the Law Society of Ireland. This is in order to ensure that the registrar has notice and may take whatever action is required in relation to that solicitor.

Amendment No. 149 is a straightforward drafting amendment which replaces the word "its" with the word "the."

Amendments Nos. 150 to 153, inclusive, are a composite of drafting amendments so that the lead-in refers to a decision of the High Court rather than an order. The amendments ensure that the word "under" does not have to be repeated in each of the three following subsections.

The purpose of amendment No. 154 is to change the reference to a finding of misconduct of the High Court so that it covers any decision of the High Court under the relevant section, and not just a finding of misconduct.

The purpose of amendment No. 155 is to replace the reference to a determination by the disciplinary tribunal in that subsection with a reference to a direction, determination or order as comprehended to the new subsection which is being inserted by amendment No. 156. The purpose, overall, is to ensure that the power of the new authority to apply to the High Court, in section 80, is to enforce compliance by a legal practitioner with a direction, determination or order of the authority of a review committee, of a divisional committee such as the complaints committee, or of the disciplinary tribunal, as the case may be.

The purpose of amendment No. 156 is to set out the bodies and entities whose directions, determinations or orders are covered by the High Court enforcement power contained in the revised subsection 81, inserted by amendment No. 155.