Seanad debates

Tuesday, 1 December 2015

Legal Services Regulation Bill 2011: Report Stage (Resumed)

 

2:30 pm

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

And "the Chief Justice". That is right.

The purpose of amendment No. 155 is to replace the reference to a determination by the tribunal in that subsection with a reference to a direction, determination or order. This is to ensure the power of the new authority to apply to the High Court to enforce compliance by a legal practitioner with a direction, determination or order of the authority.

The drafters have considered this matter. It is a long and detailed Bill. At this point, the drafters are making any recommendation that they see fit.

Senator Norris raised a point about "under this Part". A composite of drafting amendments tidy up section 78(4) so that the lead in refers to a decision of the High Court rather than an order. As such, the word "under" does not have to be repeated in each of the following subsections. That is the best drafting advice that I have on the use of this word.

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