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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Mobility of Lawyers in EC.

Mobility of Lawyers in the EC

Summary

The Minister said the proposed EC directive had agreed substantive provisions and that Ireland had secured a provision allowing aptitude tests for lawyers seeking to practise in another member state.

asked the Minister for Justice the present stage of negotiations regarding the free movement of lawyers within the EC; and if his Department is seeking the retention of an examination procedure for lawyers from other EC States wishing to work here.

Comment on this
Gerard Collins Minister for Justice (Mr. Collins) Fianna Fáil

I assume that the Deputy is referring to negotiations on the proposal for an EC Council Directive on a general system for the mutual recognition of higher-education diplomas which would include the qualifications of lawyers and of other professional groups.

I understand that at a meeting of Internal Market Ministers in Luxembourg on 22 June 1988 the Council agreed the substantive provisions of the Directive. It will now be sent to the European Parliament for a second reading.

Until the Directive has been finally adopted, I am not in a position to say how it will operate in practice for lawyers. However, I can say that my Department has been pressing for the inclusion in the Directive of a provision for a test for lawyers to assess their ability to pursue their profession in the other member state where they wish to practice. I am glad to say that this has now been accepted by the EC Council.

Comment on this

I apologise to the Minister, with the permission of Deputy McCoy, if the question was not clear. It seems to me that what we should be talking about here is professional standards and not so much higher education diplomas but that those who are already practising would be allowed to have free movement within the Community after 1992. The question is asking the Minister if he and his Department are in favour of such complete free movement or is it the Department's policy to seek further testing of those who might come from other EC countries or a period of training? The Minister of State with responsibility for Trade and Marketing was at a Council of Minister's meeting in early May at which he, apparently, accused the Council of foot-dragging on this issue. Perhaps the Minister would clarify the position.

Comment on this

The position so far as the Department are concerned is that they have been pressing for the inclusion in the directive of a provision for a test for lawyers to assess their ability to pursue their profession in the other member state where they wish to practise. I am glad to tell the Deputy that our efforts have been successful and that the point has been accepted by the European Council.

Comment on this