asked the Minister for Justice if he will consider the establishment of an independent authority to investigate complaints made against the legal profession.
Ceisteanna—Questions. Oral Answers. - Legal Profession Complaints.
3.
As members of the public have very little contact with barristers, I assume that the question relates to complaints against solicitors.
In accordance with the provisions of the Solicitors Acts, 1954 and 1960, disciplinary powers and functions in respect of solicitors are vested in the High Court and in a Disciplinary Committee appointed by the President of the High Court. Complaints may be addressed to that committee by members of the public.
I should perhaps make it clear that the Disciplinary Committee to which I have referred is distinct from and additional to a committee set up by the Incorporated Law Society and known as the Registrar's Committee. That committee also are prepared on behalf of the society to investigate complaints against solicitors with a view to recommending in appropriate cases either disciplinary action by the society or the making of a complaint to the other committee, namely the Disciplinary Committee to which I have referred earlier.
As will be evident from the foregoing, the body—apart from the High Court itself—which has the most important statutory role in the matter of safeguarding the interests of the public in their dealings with solicitors is the Disciplinary Committee. Although the members of the Disciplinary Committee might be thought by some not to be independent because they are themselves solicitors, I have no reason to doubt that they act impartially and, at present at all events, I have no proposals in mind to set up new structures.
I am sure the Minister will appreciate that I did not intend any general charge against the legal profession. All professions and trades occasionally have members who get into trouble, but would the Minister not agree that in all of these bodies there is the idea of justice being seen to be done but there appears to be partisan membership of all these various committees? Therefore would it not be better, as I have been advocating in regard to my own profession, to have a certain element of lay participation in committees of this kind so that the layman could be assured that his side of the case was being heard by these professional people in regard to complaints against fellow members of the profession? Cases of this type are always difficult to adjudicate on impartially.
So far as I am aware there are no complaints to my Department regarding the way in which the system is operating but in view of what the Deputy has said I am prepared to have examined in detail the issue he has raised. If the Deputy would be satisfied to wait awhile, I can come back to him on it at a later stage.