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Dáil Éireann debate -
Wednesday, 26 Jun 1929

Vol. 30 No. 14

Private Deputies' Business. - Legal Practitioners (Qualification) Bill, 1928—From the Seanad.

The Dáil went into Committee to consider amendments inserted in the Seanad to the Legal Practitioners (Qualification) Bill, 1928.

I move that the Committee agree with the Seanad in the following amendment:—

Section 1. All after the word "practitioner" in line 20 deleted, and the following words substituted therefor:—"efficiently to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language."

This amendment changes in a slight way the words at the end of the section. With this amendment the words in the Bill will read "to enable a legal practitioner efficiently to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language." Those words replace "properly to conduct the business of his clients in the Irish language." The new definition is a little more explicit. It is really put in at the instigation of the Bar Council of Ireland. I think it is really a better definition because it is more explicit.

It has been said that the legal profession as a whole has been as violently opposed as it can be to this law. The Bar Council must now take up the attitude of supporting this Bill because as far as concessions can be made they have been made to that branch of the legal profession. Whatever they have asked for has been given to them. On the whole, the change does not do any harm to the Bill; in fact, the definition is if anything a little bit clearer.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment 2:—

Section 3. After the words "member of" in line 32 the words "three years standing at" inserted and the words "who has practised for not less than three years and" deleted in lines 32-33.

This is merely the changing of words, but it makes no material difference. It refers to barristers-at-law. I think the reason for the insertion of this amendment is that it brings it into consonance with words used in other statutes and regulations.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment 3:—

Section 4. The section deleted and a new section substituted therefor as follows:—

"4.—(1) In addition to the examinations mentioned in Section 8 of the Solicitors (Ireland) Act, 1898, the Incorporated Law Society is hereby authorised and required to hold at least once in every year a first examination in the subject of the Irish language (in this Act referred to as a first examination in Irish), and a second examination in the subject of the Irish language (in this Act referred to as a second examination in Irish), and the provisions contained in the said Section 8 shall apply to every such examination in the subject of the Irish language in like manner as they apply to the examinations mentioned in that section save that such examinations in the subject of the Irish language shall be conducted only examiners for the time being approved of by the Minister for Education and that every second examination in Irish shall be so prescribed and conducted as to secure that persons who pass such examination have a competent knowledge of the Irish language.

(2) Notwithstanding anything contained in the Solicitors (Ireland) Act, 1898, no person shall be capable of being bound by indentures of apprenticeship to serve as an apprentice to a solicitor unless he has obtained from the Incorporated Law Society a certificate that he passed a first examination in Irish, and no person shall be admitted a solicitor unless he has obtained from the Incorporated Law Society a certificate that he has passed a second examination in Irish within one year before the expiration of the term of his apprenticeship or within one year before being so admitted."

This amendment brings about two slight changes. As it stands, the Bill says that Irish shall be a compulsory subject at every examination held by the Incorporated Law Society. There are three examinations held, the Preliminary, the Intermediate, and the Final. It was stated by some persons connected with the legal profession that it would be rather hard on students to have the Irish examinations at the same time. They propose that the Irish examination might or might not be held at the same time as the examination in law. Two examinations are provided for, a preliminary examination and a final examination. The second examination is to be held within one year of being admitted as a solicitor. It has been considered by the Seanad that this is a more suitable arrangement and that it will help towards a better working of the Bill. The other change proposed is that, instead of the Chief Justice being satisfied before admitting the candidate that that person possesses a competent knowledge of Irish, the examiners who are appointed by the Incorporated Law Society shall be approved by the Minister for Education. That disposes of Sections 4 and 5, and the changes made are really more suitable than the arrangements in the Bill originally. There was a difficulty with regard to the examination, but that is surmounted by the terms of this amendment.

Amendment 4 is consequential on this amendment?

It is. Amendment 4 provides for the deletion of Section 5.

An é an rud atá le tuigsint ó'n athrú atá déanta sa mBille anois gurab é Aire an Oideachais an duine a bheidh freagarthach i dtaobh na scrudóirí.

Sé an Príomh-Bhreitheamh a bhí san mBille ar dthus. An bhfuil seisean as anois?

Agus inionad an Príomh-Bhreithimh tá Aire an Oideachais chun na scrúdóirí d'ainmniú?

Níl sé chun iad d'ainmniú.

Caithfidh sé a bheith sásta leo.

Caithfidh sé a bheith sásta go bhfuil siad ceart?

The Minister for Education is responsible to this House. The Chief Justice is not.

Amendment 3 agreed to.

Amendment 4 is consequential.

The Dáil went out of Committee.
Agreement with the Seanad amendments reported.
Question—"That the Dáil agree with the Committee in its report"— agreed to.
Message to be sent to the Seanad acquainting them accordingly.
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