asked the Minister for Justice if he is concerned at the level of complaints made against the legal profession by the public; and the steps he proposes to take in the matter.
32.
Ceisteanna—Questions. Oral Answers. - Legal Profession.
31.
asked the Minister for Justice if he proposes to amend the Solicitors Acts, 1954 to 1960, to allow lay participation in the complaints tribunal dealing with complaints against the legal profession by the public.
33.
asked the Minister for Justice, in view of public disquiet, when he intends to take practical steps to provide for an independent disciplinary body to ensure that the highest ethical standards and practices are maintained by solicitors.
34.
asked the Minister for Justice if he will consider introducing legislation enabling the Incorporated Law Society to set up an arbitration tribunal involving lay people which would arbitrate on cases of negligence against solicitors to get around difficulties that the public have at present in obtaining solicitors to represent them when they wish to take civil action for negligence against a solicitor.
35.
asked the Minister for Justice when he proposes to introduce legislation to implement the recommendations relevant to his Department contained in the Restrictive Practices Commission's Report on restrictive practices in legal conveyancing.
36.
asked the Minister for Justice the reason solicitors from Northern Ireland are not able to practise in the Republic without the Irish language qualification; and if he will consider the removal of this barrier so that both the Northern and the Republic's solicitors' associations can co-operate and interchange.
(Limerick East): I propose to take Questions Nos. 31 to 36, inclusive, together.
My Department are at present reviewing the Solicitors Acts to see what changes should be made including changes in the method of dealing with complaints against solicitors. In that review the recommendations contained in the Restrictive Practices Commission's Report of Inquiry into Restrictions on Conveyancing and Advertising by solicitors will be taken into account, as will also detailed submissions which I received from the Incorporated Law Society containing recommendations in a number of areas including the disciplinary process. I may say that the society have recommended lay participation in the disciplinary process and, as I have already indicated, I favour this in principle.
The question of a possible role for an arbitration tribunal can be dealt with at the same time and the review will also present an opportunity of considering the Irish language qualification mentioned by Deputy Mitchell.
Regarding the legislation to be introduced, would the Minister consider the setting up of a lay observer system, similar to the position in Britain under the 1974 Act, in the interest of protecting people who have complaints to make?
(Limerick East): Yes. The Incorporated Law Society have recommended the appointment of a lay observer on the lines operating in Britain and Northern Ireland but I cannot pre-empt a Government decision on the matter.
In view of the proposed promise of legislation, will the Minister take steps to ensure that the high level of solicitor involvement in conveyancing is no longer necessary particularly in relation to local authority loans and mortgages? This has become a big problem for people with limited resources. In some cases it costs up to £1,000 in legal fees for such transactions. Does the Minister propose to deal with this under any new legislation?
(Limerick East): I will take into account the recommendations contained in the report of the Restrictive Practices Commission following their inquiry into restrictions on conveyancing and advertising by solicitors. I will not give any commitment as to what the result of that examination will be in the legislation. I do not want to pre-empt Government decisions and I must put the case to Government.
Does the Minister agree that this is very serious and that legislation or regulations should be brought in to deal with it? In many cases these people are totally exploited by the legal profession.
(Limerick East): There are serious problems in this and other areas and I am at present examining the best possible solution to these problems.
When does the Minister expect to bring in legislation to deal with the items set out in these questions?
(Limerick East): It is difficult to give an exact date. I hope to have the proposals sent to Government in a number of months. I hope to be in a position to publish a Bill later this year or early in 1986.
The remaining questions will appear on tomorrow's Order Paper.