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Dáil
‹ Ceisteanna — Questions. Oral Answers. - Ombudsman for Legal Profession.

Ombudsman for the Legal Profession

Summary

Mitchell pressed for independent investigation of complaints against solicitors and scrutiny of barristers, citing public dissatisfaction. Collins said a review of the Solicitors Acts was nearly complete and proposals would follow, but gave no specific commitment; Mitchell’s continued questioning led to his suspension and the remaining questions being suspended, prompting Taylor’s quip about an ombudsman for recalcitrant Deputies.

Gay Mitchell Mr. G. Mitchell Fine Gael

asked the Minister for Justice if he will provide for the appointment of an Ombudsman for the legal profession given the very high level of complaints from the public about the performance of their legal representatives in certain cases and the lack of procedure to bring errant lawyers adequately to account.

Comment on this

Any specific proposals about the procedure for dealing with complaints about solicitors which I may have will be announced in the normal way in due course. No doubt the Deputy will be aware from statements which I have previously made in the House that a review of the Solicitors Acts, 1954-1960 has been almost finalised in my Department, and I hope to be in a position to submit comprehensive proposals for amending legislation to the Government very shortly.

I might add that one of the matters which the Restrictive Practices Commission are dealing with in their current study of restrictive practices in the legal profession is that representation on the profession's disciplinary bodies is confined to members of the legal profession.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Is the Minister aware that there is wholesale dissatisfaction among the clients of the legal profession about the way they are treated by (a) solicitors and (b) barristers, albeit not in the majority of cases? There is no point in offending the majority who do a good job. Whereas the Minister says that he is examining the solicitors' profession, would he agree there is also need to examine the question of barristers who do not represent the best interests of their clients?

Comment on this

I am aware that there have been some criticisms now and again about members of the profession. The review of the Solicitors Act, which has been going on for a considerable period of time, is now almost complete and I hope to be in a position to submit comprehensive proposals to the Government very shortly. Until such time as the Government have those proposals I am not in a position to make any public announcement about them. That is the practice and procedure in this House and I do not propose to depart from it.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Is the Minister aware that the Law Society themselves have adopted as their policy the need for a public, independent person to investigate complaints against solicitors?

Comment on this

I do not want to go beyond what I have said already.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Is the Minister aware of the fact?

Comment on this

I am aware of a whole lot of facts.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

The Minister does not appear to know too much from what he has said so far.

Comment on this

The Deputy should not be getting pernickety.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Is the Minister aware whether they do or do not?

Comment on this
Seán Treacy An Ceann Comhairle Independent

Please, if the Deputy wishes to put a question he should rise in his place, be recognised by the Chair and put the question formally. I will not tolerate questions from a sitting position. I am calling Deputy Cooney.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I have asked a question——

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Cooney has offered properly.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I have asked a question to which the Minister has not replied. Is he aware that the Law Society have a policy to adopt an independent inquiry into complaints.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Mitchell, the Deputy is showing complete disregard for the ruling of the Chair.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

The Minister has not answered the question. He has said nothing.

Comment on this
Seán Treacy An Ceann Comhairle Independent

If the Deputy persists in interrupting the Chair I shall have to ask him to leave.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

A Cheann Comhairle——

Comment on this
Seán Treacy An Ceann Comhairle Independent

Leave the House, Deputy.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I will not leave the House. I am entitled to raise a question here. I was elected to ask questions. I asked a question and the Minister has not answered.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Mitchell will behave in an orderly fashion in this House or leave it.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I asked a question of the Minister and he has not answered it.

Comment on this
Seán Treacy An Ceann Comhairle Independent

If the Deputy persists in that attitude I shall insist on his leaving the House even if I have to name him.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

A Cheann Comhairle, whether I am named or not I intend to have the right to ask questions in this House——

Comment on this
Seán Treacy An Ceann Comhairle Independent

The Deputy is showing defiance of the Chair. I must ask him to leave the House.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I will not leave the House. I have asked a proper question in relation to the Law Society and I intend to insist on my right to ask that question.

Comment on this
Seán Treacy An Ceann Comhairle Independent

I must ask that Deputy Mitchell be suspended from the service of the House.

Comment on this

I name the Deputy.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

This is a disgrace. I asked a very reasonable question and I got a secret police type of reply from the Minister.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Mitchell frustrated the House. I had called another Deputy and he persisted in speaking. The Deputy will leave the House.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

A Cheann Comhairle, I refuse to leave the House.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Then, I am sorry, I am obliged to suspend the remainder of questions for today. The ruling of the Chair stands in respect of Deputy Gay Mitchell.

Comment on this

Perhaps we could have an Ombudsman to deal with recalcitrant Deputies.

Comment on this