Vol. 375 No. 1
asked the Minister for Justice the plans, if any, he has to amend the Solicitors Acts, 1954-60 and the regulations made thereunder to permit (a) advertising by solicitors and (b) the establishment of multi-disciplinary practices e.g. with firms of accountants by solicitors; and if he will make a statement on the matter.
48.
asked the Minister for Justice the plans if any, he has to introduce a new solicitors Bill; and if he will make a statement on the matter.
I propose to take Questions Nos. 8 and 48 together.
A review of the Solicitors Acts 1954-60 has been almost finalised in my Department and I hope to be in a position to submit comprehensive proposals for amending legislation to the Government very shortly.
The proposals will take account of the recommendations of the Restrictive Practices Commission in the report of their inquiry into the effects on competition of the restrictions on conveyancing and the restrictions on advertising by solicitors, which was completed in 1982.
The restrictions on persons with whom solicitors may join in partnership is among the issues being examined by the Restrictive Practices Commission in the course of their current study of the legal profession. I consider that the outcome of the study should be awaited before consideration is given to the need for change in relation to this matter.
The Minister referred to the fact that this matter was before the Restrictive Practices Commission. Does he have any views on it? Would he agree that the introduction of advertising will greatly reduce fees and is he aware that this is now the norm in the United Kingdom where it has resulted in a decrease of 9 per cent in conveyancing fees during the past 12 months? Would he further agree that if solicitors, accountants and perhaps auctioneers could pool their resources and act jointly together, obviously, in the interest of the client, it would be cheaper, more efficient and better for the companies concerned?
I would like to assure the Deputy that all the matters raised by her have been taken into consideration and that my views will be conveyed to the Government. The decision of the Government on the issue in question will be announced as soon as a decision is arrived at.
Can the Minister give us information as to when the House will have sight of the proposed legislation to amend the Solicitors Acts? I am sure he appreciates that this matter is outstanding and long overdue.
The Deputy will know what the Government decision is as soon as the decision is made. In reply to the original question, I said, "very shortly".
Would the Minister say by the end of this year?
I would like to leave it at "very shortly". I do not think it is fair of Deputy McCartan to try to pin me down to a date. I assure the Deputy that there is an urgency about this matter and that this urgency has been recognised. A lot of work has been done on this issue and I hope to be going to the Government very shortly on it. The review of the Acts has been almost finalised and will be given priority by the Government as soon as I go to them with recommendations.
Would the Minister not indicate in general what his views on this matter are before he goes to Government with them? Why have we to wait for him to go to Government for a decision to be made in principle before we find out the departmental view on the matter? For a change, would the Minister not consider going through the process of actually issuing a discussion document on the matter, with proposals, finding out from the public what their views are and then going to Government with his views in the light of what the public reaction had been?
The Deputy knows full well that the procedure is that any Department involved in the preparation of legislation will, in the course of preparation of such proposals, have wide ranging consultations with all interested persons. Having heard the views of all those who have specific interests in what is involved, the Minister then makes his submission to the Government and the Government make their decision. I am sure that when a decision has been reached on the matter we are discussing, the Deputy will be glad to know of it. I should like to say to the Deputy that he and every other Deputy will have every opportunity of putting their views when the Government proposals come to the House for discussion.
Will the Minister take amendments?
Of course I will take amendments, that is, if they are worthwhile amendments and will improve the legislation. We have a very good record in this area.
Did the Minister have consultations or does he propose to have consultations with the Law Society on these issues?
I am surprised that Deputy Taylor does not already know that I have had long and extensive consultations with the Law Society.
I do not understand why the Minister should be surprised.
Is the Deputy not familiar with what is happening in the Law Society? The Deputy can rest assured that there have been widespread consultations with the Law Society on a regular basis on this issue.
Would the Minister agree that changes in this area were recommended some time ago in a Restrictive Practices Commission report which was published and is available for discussion? It is not another Green Paper or White Paper that we need but action from the Government.
I am quite satisfied that the report Deputy Bruton has referred to has been available for a number of years and that action on it is being taken. A very positive approach is being adopted and the Government will make a decision on the proposals very shortly.
We do not need another White Paper.
I am telling the Deputies what I am doing.
Is the Minister aware that despite the best efforts of the Incorporated Law Society it took about 20 years to get the previous Bill through his Department? Can the Minister give an indication of the precise length of time it will take the Government to clear this Bill?
I would like to assure Deputy Tom Fitzpatrick and other Deputies that we have had very successful consultations with the Incorporated Law Society who have approached the issue in a very positive manner. Indeed, only two nights ago I had an informal discussion with the President of the society and he was quite pleased with the progress being made. I expect to be in a position very shortly to bring the proposals to Government for a decision.
Has the Minister gone through the procedure of getting the views of other Departments on the matter?
The Deputy knows full well that the views of other Departments are necessary and have been sought. The Deputy knows that if the views had not been sought I would not be able to say I would be in a position to bring the matter to Government very shortly.
