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

Aptitude Tests for Foreign Lawyers

Summary

Colley asked how tests would address differences between legal systems. The Minister said they were expected to cover only essential subjects, with implementation arrangements to be developed during a two-year period; he undertook to check whether tests could limit the number entering.

James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

Deputy Colley has indicated that she wishes to ask a final supplementary question.

Comment on this

While I realise that the Minister has stated that for all professions, except lawyers, there is a different choice available to member states, would he indicate his view, and that of the Department, on the difficulties which will be encountered — because there are basic differences between the legal systems in this State and in most of the European states — and whether there will be proposals to cope with them?

Comment on this

While the text of the directive has not been finalised as yet it is expected that aptitude tests will be limited to certain subjects. It must take into account the fact that the applicant is a fully qualified professional in the country of origin and must only cover subjects which are essential to enable him to exercise his profession competently in another member state. When the directive is finally adopted there will be a period of about two years before implementation. During that time we will have to designate competent authorities to implement the directive. We will have to have talks with the Kings' Inns and the Incorporated Law Society. The Department of Justice have been working very closely with both branches of the legal profession in the negotiation of this directive, and we are grateful to them for the help, advice and assistance which they have given to the Department.

Mr. J. Bruton rose.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

We have spent almost ten minutes on one question and you and other Deputies have other questions.

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John Bruton Mr. J. Bruton Fine Gael

Does the directive allow for the test to be used to set quantitive limits on the number entering?

Comment on this

I am not in a position to answer that question but I will inquire into it and convey the information to the Deputy as soon as I can.

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