Written answers

Tuesday, 19 July 2011

Department of Justice, Equality and Defence

Legal Profession Regulation

10:00 pm

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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Question 376: To ask the Minister for Justice and Equality his views on a ban on solicitors' acting on both sides of any transaction; and if he will make a statement on the matter. [20690/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Regulations made by the Law Society in 2010 prohibit a solicitor from acting for more than one party in commercial property transactions. The regulations, which came into effect on 1 December 2010, were made against a background of problems in this area. I have no function as Minister in the matter. However, the general question of regulation of the legal profession is being reviewed in the context of the development of my proposals for a Legal Services Bill. The proposals are being finalised at present.

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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Question 377: To ask the Minister for Justice and Equality his views on a ban on solicitors' giving undertakings to financial institutions in conveyancing transactions; and if he will make a statement on the matter. [20693/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Regulations made by the Law Society in 2010 which prohibit the giving of undertakings by solicitors on behalf of their clients to financial institutions in commercial property transactions followed on problems in this area. The regulations were also made following extensive consultations by the Society. The regulations came into effect on 1 December 2010. The regulations prohibit a solicitor from giving undertakings to financial institutions in commercial property transactions subject to two exclusions. Firstly, the prohibition will not operate where the liability of the solicitor to the financial institution arising from the undertaking is not more than €75,000 and secondly, the prohibition will not operate retrospectively. I assume the society will review operation of the new regulations on an ongoing basis. I have no function as Minister in the matter. However, the general question of regulation of the legal profession is being reviewed in the context of the development of my proposals for a Legal Services Bill. The proposals are being finalised at present.

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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Question 378: To ask the Minister for Justice and Equality his plans to address the problems arising out of self-regulation of the solicitor profession by the Law Society, which is simultaneously representing and regulating the profession; and if he will make a statement on the matter. [20697/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Question No. 274 of 7 June 2011, which sets out the current position in relation to the development of the Legal Services Bill. I have nothing further to add to the details of that reply other than to indicate that my proposals for the Bill are in the course of being finalised.

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