asked the Minister for Industry and Commerce if he will make a statement concerning the proposed 66 per cent increase in fees of barristers.
Written Answers. - Barristers' Fees.
320.
It was reported in the Press on 18th and 19th December, 1975, that at the annual meeting of the General Council of the Bar of Ireland on 17th December, barristers had decided to increase their fees by 66? per cent with effect from 1st January, 1976.
Under the Prices and Charges (Notification of Increases) Order, 1975, any person proposing to increase the charge for a service rendered by him is required to give two months' advance notice of the proposed increase to the Minister for Industry and Commerce. No such notice of a proposal to increase barristers' legal fees was received in my Department.
Following consideration of the matter by the National Prices Commission at their meeting on 23rd December, 1975, a letter was sent by my Department on 2nd January, 1976, to the Bar Council inquiring whether there was any foundation in fact for the newspaper reports in question, pointing out the legal requirements in relation to increases in charges and requesting their observations as a matter of urgency.
A reply from the Bar Council was received on 14th January, 1976, indicating that:
The Press report was inaccurate and unauthorised. Neither the Bar Council nor a General Meeting of the Bar determines the fees to be charged by barristers, which are the subject of arrangement between the individual barrister and his instructing Solicitor.
Scales of minimum fees for certain types of work may be recommended from time to time by the Bar Council or by a General Meeting of the Bar, and the General Meeting of the Bar held on 17 December, 1975 adopted such a recommendation in relation to fees chargeable for certain types of work in the District Court, the Circuit Court and the High Court.
The contents of letter of 2 January, 1976 were being brought to the notice of the Bar generally so that individual barristers might know that if compliance with the recommendations of the General Meeting involved them in any increase in fees previously charged by them it was the view of the Department that this requires two months' advance notice to be given to the Minister.
The Bar Council had sought formal legal advice in relation to the statement in the Department's letter that "legal fees charged by barristers come within the scope of this Order" and the Opinion given did not support this view.
The advice to me is that the order does apply to the fees charged by barristers for rendering professional services. In the circumstances, I wish to make it clear that I expect barristers who propose to increase their fees to give me advance notice as required by the order.