Seanad debates

Wednesday, 2 December 2015

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage

 

10:30 am

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

As I indicated on Committee Stage, I cannot accept amendment No. 283 as it would negate an intended regulatory power of the new authority on movement between the professions of solicitor and barrister. Barristers and solicitors can already move between professions and it is intended that the authority can look at ways to enhance this.

The fusion of the two professions will be looked at comprehensively by the authority in time, but this cannot be done immediately as it would require further legislation and other administrative and educational arrangements. If I were to agree to amendment No. 283 I would prohibit the authority from regulating movement between the professions of barrister and solicitor. This is something that happens all the time and the Bill is about facilitating such change of legal career rather than restricting it or banning it altogether.

The proposed references to qualifications in amendments Nos. 284 and 285 are considered unnecessary, as the question of being duly qualified to practise as a solicitor or barrister is already comprehended by the definitions of solicitors and barristers who are entitled to practise under the Bill. I dealt with this at an earlier stage and the definitions in the Bill are very clear. The Senator wants to see more movement, but amendment No. 283 would restrict movement and would not attain the goal the Senator wants.

With regard to amendments Nos. 284 and 285, the definitions have been dealt with already.

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