Catherine Ardagh (Fianna Fail) | Oireachtas source

I thank the Minister of State for addressing the House. I have an interest in legal services legislation as I am a solicitor in a small solicitors' practice with two practitioners and three support staff. I cautiously welcome the Bill as I think it will give the public and legal practitioners more certainty and confidence when dealing with each other and with professional bodies.

The Bill intends to bring transparency and end the system of self-regulation which applied in the past to both the Bar Council and the Law Society. Most professions today, including auctioneering and the Garda, are succumbing to the idea of being regulated by an authority. For example, the Garda Commissioner came before the Policing Authority recently and the regulatory authority for auctioneers was set up in order to protect both auctioneers and the public. In that light, I very much welcome the idea of moving away from self-regulation in the legal profession so the process of how solicitors and barristers work is more transparent and the public have more confidence in what happens with their work.

I understand the cost of setting up this authority will be €1 million but that it will ultimately be self-financing. As I outlined, I am a sole practitioner. There are many costs involved in being a sole practitioner and it is not some big gravy train, as some of the big firms might be. We are a small business and we struggle every month with rates, accommodation and staffing. This authority will mean another fee and, given the Law Society will still be in place, this will double up on professional subscriptions. Therefore, I would like to ensure that this cost is not just put onto the bills for the public at the end of the day and transferred down in that way. It is a point the Minister of State should be mindful of when the authority is set up.

I welcome the idea of limited liability partnerships. This will give more protection to practitioners than to the public because it will give practitioners a corporate personality, meaning they will not be sued. As a result, their neck is not on the line and they can hide behind the veil of corporate responsibility. I believe this will increase investment in legal professions and will ultimately increase the standard of legal services, all of which will be passed on to the public.

With regard to the composition of the authority, I welcome the fact the board will mostly comprise lay people because, as a result, the public interest will be at the forefront of the authority's day-to-day running. Most importantly, I am glad the complaints mechanism will be put to the fore of the authority so complaints are dealt with expediently and professionally, which is to the benefit of both the public and the members who are being complained of.

I was a barrister and then transferred to work as a solicitor, which is a very difficult and costly transition. I hope this Bill gets rid of any barriers so practitioners can be both barristers and solicitors and the transfer is not a big issue. To take a European perspective, the Continent has lawyers without any difference between barristers and solicitors. While I do not know how my colleagues in the Law Library will like it, I think it this is to be welcomed.

I was a barrister and then transferred to work as a solicitor, which is a very difficult and costly transition. I hope this Bill gets rid of any barriers so that practitioners can be both barristers and solicitors and the transfer is not a big issue. To take a European perspective, the Continent has lawyers without a difference between barristers and solicitors. While I do not know how my colleagues in the Law Library will like it, I think it this is to be welcomed.