Ceisteanna—Questions. Oral Answers. - Legal Profession.
- Review of Solicitors Acts 9 speeches
The Minister said the Solicitors Acts were under review, including how complaints against solicitors are handled and recommendations on conveyancing restrictions. He would consider a lay observer, as recommended by the Law Society, but could not pre-empt the Government’s decision.
Bernard Allen, Michael Woods, Gay Mitchell, Michael Noonan
- Conveyancing costs for local authority loans 4 speeches
Hyland raised the high legal fees involved in local authority loan and mortgage transactions and called for action to protect people with limited resources. The Minister said he was examining possible solutions and would consider the Restrictive Practices Commission’s recommendations, without committing to a legislative outcome.
Liam Hyland, Michael Noonan
- Timing of proposed legislation 3 speeches
The Minister could not give an exact date but hoped to send proposals to Government within months and publish a Bill later that year or early in 1986. Remaining questions were deferred to the next Order Paper.
Bernard Allen, Michael Noonan, Thomas J. Fitzpatrick
asked the Minister for Justice if he is concerned at the level of complaints made against the legal profession by the public; and the steps he proposes to take in the matter.
32.
Comment on this
asked the Minister for Justice if he proposes to amend the Solicitors Acts, 1954 to 1960, to allow lay participation in the complaints tribunal dealing with complaints against the legal profession by the public.
33.
Comment on this
asked the Minister for Justice, in view of public disquiet, when he intends to take practical steps to provide for an independent disciplinary body to ensure that the highest ethical standards and practices are maintained by solicitors.
34.
Comment on this
asked the Minister for Justice if he will consider introducing legislation enabling the Incorporated Law Society to set up an arbitration tribunal involving lay people which would arbitrate on cases of negligence against solicitors to get around difficulties that the public have at present in obtaining solicitors to represent them when they wish to take civil action for negligence against a solicitor.
35.
Comment on this
asked the Minister for Justice when he proposes to introduce legislation to implement the recommendations relevant to his Department contained in the Restrictive Practices Commission's Report on restrictive practices in legal conveyancing.
36.
Comment on this
asked the Minister for Justice the reason solicitors from Northern Ireland are not able to practise in the Republic without the Irish language qualification; and if he will consider the removal of this barrier so that both the Northern and the Republic's solicitors' associations can co-operate and interchange.
Comment on this
(Limerick East): I propose to take Questions Nos. 31 to 36, inclusive, together.
My Department are at present reviewing the Solicitors Acts to see what changes should be made including changes in the method of dealing with complaints against solicitors. In that review the recommendations contained in the Restrictive Practices Commission's Report of Inquiry into Restrictions on Conveyancing and Advertising by solicitors will be taken into account, as will also detailed submissions which I received from the Incorporated Law Society containing recommendations in a number of areas including the disciplinary process. I may say that the society have recommended lay participation in the disciplinary process and, as I have already indicated, I favour this in principle.
The question of a possible role for an arbitration tribunal can be dealt with at the same time and the review will also present an opportunity of considering the Irish language qualification mentioned by Deputy Mitchell.
Comment on this
Regarding the legislation to be introduced, would the Minister consider the setting up of a lay observer system, similar to the position in Britain under the 1974 Act, in the interest of protecting people who have complaints to make?
Comment on this
(Limerick East): Yes. The Incorporated Law Society have recommended the appointment of a lay observer on the lines operating in Britain and Northern Ireland but I cannot pre-empt a Government decision on the matter.
Comment on this
In view of the proposed promise of legislation, will the Minister take steps to ensure that the high level of solicitor involvement in conveyancing is no longer necessary particularly in relation to local authority loans and mortgages? This has become a big problem for people with limited resources. In some cases it costs up to £1,000 in legal fees for such transactions. Does the Minister propose to deal with this under any new legislation?
Comment on this
(Limerick East): I will take into account the recommendations contained in the report of the Restrictive Practices Commission following their inquiry into restrictions on conveyancing and advertising by solicitors. I will not give any commitment as to what the result of that examination will be in the legislation. I do not want to pre-empt Government decisions and I must put the case to Government.
Comment on this
Does the Minister agree that this is very serious and that legislation or regulations should be brought in to deal with it? In many cases these people are totally exploited by the legal profession.
Comment on this
(Limerick East): There are serious problems in this and other areas and I am at present examining the best possible solution to these problems.
Comment on this
When does the Minister expect to bring in legislation to deal with the items set out in these questions?
Comment on this
(Limerick East): It is difficult to give an exact date. I hope to have the proposals sent to Government in a number of months. I hope to be in a position to publish a Bill later this year or early in 1986.