asked the Minister for Justice if he will provide for the appointment of an Ombudsman for the legal profession given the very high level of complaints from the public about the performance of their legal representatives in certain cases and the lack of procedure to bring errant lawyers adequately to account.
Ceisteanna — Questions. Oral Answers. - Ombudsman for Legal Profession.
6.
Any specific proposals about the procedure for dealing with complaints about solicitors which I may have will be announced in the normal way in due course. No doubt the Deputy will be aware from statements which I have previously made in the House that a review of the Solicitors Acts, 1954-1960 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.
I might add that one of the matters which the Restrictive Practices Commission are dealing with in their current study of restrictive practices in the legal profession is that representation on the profession's disciplinary bodies is confined to members of the legal profession.
Is the Minister aware that there is wholesale dissatisfaction among the clients of the legal profession about the way they are treated by (a) solicitors and (b) barristers, albeit not in the majority of cases? There is no point in offending the majority who do a good job. Whereas the Minister says that he is examining the solicitors' profession, would he agree there is also need to examine the question of barristers who do not represent the best interests of their clients?
I am aware that there have been some criticisms now and again about members of the profession. The review of the Solicitors Act, which has been going on for a considerable period of time, is now almost complete and I hope to be in a position to submit comprehensive proposals to the Government very shortly. Until such time as the Government have those proposals I am not in a position to make any public announcement about them. That is the practice and procedure in this House and I do not propose to depart from it.
Is the Minister aware that the Law Society themselves have adopted as their policy the need for a public, independent person to investigate complaints against solicitors?
I do not want to go beyond what I have said already.
Is the Minister aware of the fact?
I am aware of a whole lot of facts.
The Minister does not appear to know too much from what he has said so far.
The Deputy should not be getting pernickety.
Is the Minister aware whether they do or do not?
Please, if the Deputy wishes to put a question he should rise in his place, be recognised by the Chair and put the question formally. I will not tolerate questions from a sitting position. I am calling Deputy Cooney.
I have asked a question——
Deputy Cooney has offered properly.
I have asked a question to which the Minister has not replied. Is he aware that the Law Society have a policy to adopt an independent inquiry into complaints.
Deputy Mitchell, the Deputy is showing complete disregard for the ruling of the Chair.
The Minister has not answered the question. He has said nothing.
If the Deputy persists in interrupting the Chair I shall have to ask him to leave.
A Cheann Comhairle——
Leave the House, Deputy.
I will not leave the House. I am entitled to raise a question here. I was elected to ask questions. I asked a question and the Minister has not answered.
Deputy Mitchell will behave in an orderly fashion in this House or leave it.
I asked a question of the Minister and he has not answered it.
If the Deputy persists in that attitude I shall insist on his leaving the House even if I have to name him.
A Cheann Comhairle, whether I am named or not I intend to have the right to ask questions in this House——
The Deputy is showing defiance of the Chair. I must ask him to leave the House.
I will not leave the House. I have asked a proper question in relation to the Law Society and I intend to insist on my right to ask that question.
I must ask that Deputy Mitchell be suspended from the service of the House.
I name the Deputy.
This is a disgrace. I asked a very reasonable question and I got a secret police type of reply from the Minister.
Deputy Mitchell frustrated the House. I had called another Deputy and he persisted in speaking. The Deputy will leave the House.
A Cheann Comhairle, I refuse to leave the House.
Then, I am sorry, I am obliged to suspend the remainder of questions for today. The ruling of the Chair stands in respect of Deputy Gay Mitchell.
Perhaps we could have an Ombudsman to deal with recalcitrant Deputies.
Sitting suspended at 3.15 p.m. and resumed at 3.45 p.m.