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Dáil Éireann debate -
Tuesday, 22 Apr 1986

Vol. 365 No. 7

Ceisteanna—Questions. Oral Answers. - Solicitors Act Amendment.

6.

asked the Minister for Justice when he intends to introduce legislation to amend the Solicitors Act, taking into consideration the urgency of the need for such an amendment in view of the level of discontent with and complaints against solicitors at the present time.

I expect that a review by my Department of the Solicitors Acts, 1954-1960, will be finalised soon and I intend to put proposals for amending legislation to Government in the usual way, after that, including proposals in relation to the disciplinary machinery for solicitors.

Let me ask the Minister if there have been special difficulties in bringing this legislation forward, taking into consideration the guarantee given two years ago that legislation would be brought forward immediately. Will the Minister agree that it is now very urgent to bring it forward immediately, considering the level of discontent with people protesting in the streets now at the manner in which the Incorporated Law Society deal with complaints from the public against solicitors?

There has been no special difficulty in bringing this legislation forward. Like my predecessor, I am concerned to make sure that the legislation when brought forward will deal as comprehensively as possible with the situation we are facing. As I have said, I hope to be in a position fairly soon to bring proposals for legislation before the Government.

Will that legislation contain some system of arbitration outside the courts system?

We cannot anticipate legislation.

Will the Minister agree then, that there is a need for an arbitration body outside the courts system since the public now find it so difficult to take cases against solicitors into the courts?

That is a matter which obviously falls to be considered in the preparation of legislation, but I do not want to anticipate today what I will put before the Government and the House.

Is it in order to ask the Minister if he will include in this examination the Irish language requirement for solicitors who qualify in Northern Ireland? Will he consider removing that requirement when he is updating the legislation?

That seems to be a separate question dealing with a separate matter.

Does the Minister see a role for the office of the Ombudsman in forthcoming legislation?

Answers in the positive or the negative are just as capable of anticipating legislation.

Will the Minister bear in mind that this self-regulatory body as at present in operation has been a failure? Will he bear in mind the need for an independent body to investigate complaints against solicitors?

I am sure that Deputy O'Connell is aware that a number of the representations and suggestions that have been made to me, my Department and my predecessor are inspired by the same kind of concern as he has just expressed.

Is the Minister aware that the law society have organised a scheme under which they will provide a solicitor for any member of the public who wishes to take an action for negligence against any member of the profession?

That solicitor will be very overworked.

There are complaints against doctors and many complaints against TDs as well.

Little did I think I would be caught in a cross fire between the medical and legal professions.

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