Written answers

Thursday, 13 October 2011

Department of Justice, Equality and Defence

Legal Services Regulation

2:00 pm

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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Question 145: To ask the Minister for Justice and Equality if a publicly accessible website will be introduced to access the disciplinary findings on misconduct by solicitors and barristers such as currently exists in the United Kingdom with its Bar Standards Board and Solicitors Regulation Authority; and if he will make a statement on the matter. [29233/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that the Legal Services Regulation Bill 2011 was published on 12 October 2011. The Bill provides for a new complaints procedure whereby complaints of misconduct against solicitors and barristers will be considered and determined within an independent and transparent framework by the Legal Practitioners Disciplinary Tribunal and the High Court. Where there is a finding of misconduct, provision is made under section 66(3) and (4) of the Bill for publication of determinations of the Tribunal and Orders of the High Court. The Legal Services Regulatory Authority will be able to publish such determinations and orders on a publicly accessible website.

As matters stand the Law Society of Ireland provides on its website a publicly searchable database of the disciplinary records of solicitors. The database contains all findings of misconduct made by the Solicitors Disciplinary Tribunal on or after 1 January 2004. Where the finding of misconduct is sent to the High Court for a decision on sanction the details of the High Court Order are also included in the database.

The Disciplinary Code for the Bar of Ireland provides that decisions of the Barristers Professional Conduct Tribunal and the Barristers Professional Conduct Appeals Board imposing on a barrister one or more of the disciplinary measures provided for in the Code shall be published on the Bar Council website and in such other manner as it may think fit. The General Rules of King's Inns provide that all adverse disciplinary findings where a barrister is disbarred or suspended shall be published in a transparent and searchable manner on a website maintained by the Society or other suitable publication.

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