Clare Daly (Dublin North, Socialist Party)
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Question 257: To ask the Minister for Justice and Equality if he will consider making an amendment to section 23 of the Non-Fatal Offences Against the Person Act 1997 to substitute the word "parent" with "parents". [13550/11]

Alan Shatter (Dublin South, Fine Gael)
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There are no plans to amend section 23 of the Non-Fatal Offences Against the Person Act 1997. Section 23 provides for a minor of 16 or more to consent, as if he or she were of full age, to medical treatment that would in the absence of consent constitute a trespass to the person. Changing the reference from "parent" to "parents" would not have any effect on those circumstances where parental consent is required. Simply put, section 23 defines a certain set of circumstances where parental consent (whether of one or both parents) will not be required.

Clare Daly (Dublin North, Socialist Party)
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Question 258: To ask the Minister for Justice and Equality if he will consider legislating to impose sanctions on family law solicitors who have certified but failed to inform their clients about the possibility of mediating dispute as required under section 20(2) of the Guardianship of Infants Act 1964 as amended by section 11 of the Children Act 1997. [13555/11]

Alan Shatter (Dublin South, Fine Gael)
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Under the law as it stands, a solicitor who falsely certifies that he or she has informed a client of the possibility of engaging in mediation in a child custody, guardianship or access dispute, as required under Section 20(2)(b) of the Guardianship of Infants Act 1964 (inserted by Section 11 of the Children Act 1997), may face a complaint of misconduct and be the subject of disciplinary action by either the Law Society or the Solicitors Disciplinary Tribunal. Section 40 of the Civil Liability and Courts Act 2004 provides that the hearing of family law proceedings in private does not preclude the proper use of documents prepared for the purposes of those proceedings by a body empowered by law to conduct enquiries or investigations.

The Solicitors Acts 1954 to 2008 make detailed provision for the investigation of complaints against solicitors. Complaints of misconduct may be made to the Law Society which may itself investigate complaints lodged directly to it by members of the public, and apply a range of sanctions, or refer more serious complaints to the Solicitors Disciplinary Tribunal. Every client of a solicitor has the right, also, to make a direct complaint of misconduct to the Tribunal.

The Tribunal is an independent statutory tribunal appointed by the President of the High Court. It examines complaints of misconduct against solicitors and reports to the High Court. Where there is a finding of misconduct, the Tribunal can itself impose a sanction on the solicitor ranging from admonishment to a direction to pay restitution of a sum not exceeding €15,000 to an aggrieved party. In more serious cases the Tribunal may refer its finding and recommendation to the High Court to ultimately decide on the nature of the sanction to be imposed on the solicitor. The powers of sanction available to the High Court range up to striking the solicitor off the roll.