Vol. 401 No. 2
15 Mr. Allen asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
16 Mr. Cotter asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
17 Mr. Bradford asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
19 Mr. J. Bruton asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
34 Mr. Creed asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
36 Mr. Browne (Carlow-Kilkenny) asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
45 Mrs. T. Ahearn asked the Minister for Justice if he is prepared to introduce legislation to place the profession of barrister on a statutory footing as is the case with the profession of solicitor, with a view to promoting public accountability of the legal profession as a whole.
I propose to take Questions Nos. 15, 16, 17, 19, 34, 36 and 45 together.
I would like to consider the recommendations in the report of the Fair Trade Commission on their study of the legal profession before deciding what further changes are needed in relation to both branches of the profession.
The promise to amend the Solicitors Act has been a long running saga in this House and it has again been side-stepped by the Minister. Is he aware that, in a recent survey, it was established that legal costs amounted to between 21 per cent and 38 per cent of all court claims? Will the Minister reassure the House that he is committed to major reform of the system to eliminate the manner in which the legal profession have run a coach-and-four through the provisions of the Courts Act, 1988, which set out to protect the consumer and to reduce costs? Will the Minister give an assurance to the House that the festering sore in society regarding complaints against the legal profession — where they monitor their own performance and behaviour — will be firmly dealt with by him? We have got promises but no action. Will a legal ombudsman or independent tribunal be established to deal with the scandal which has been allowed to continue by various Governments?
The Solicitors (Amendment) Bill is at a very advanced stage of drafting. It is very comprehensive and will make significant amendments to the Solicitors Acts of 1954 and 1960. In regard to the Deputy's question about the legal ombudsman, he will have to await publication of the Bill to get information. However, I am aware of his concern — and of others — in regard to this matter and he can be assured that I will give sympathetic consideration to the point he made.
We do not have to wait for a leaked report, or an official publication of any report, to take action in regard to abuses and misconduct by a small percentage of the legal profession. Reform in the area of complaints outside the court system is long overdue and many submissions have been made by different parties which would deal effectively with it. We do not have to wait for the report to take action if the will is there.
The study of the Fair Trade Commission into the legal profession will be very helpful to the debate in this area. I assure the Deputy that publication of the report will not be used as a device to further delay the necessary amendments to the Solicitors Acts.
Is the Minister aware that I asked the Taoiseach this morning about this Bill? His view was contrary as he indicated that the publication of the Bill was held up pending consideration of the recommendations in the report.
Not unduly.
When will the Members of this House have the privilege of seeing the report, which was extended to a former Progressive Democrat Member of the House?
No doubt the Minister for Industry and Commerce will publish it very shortly.
In view of the Minister's important position in Cabinet, does he think it desirable to refer to this report in reply to a parliamentary question? The report has obviously been leaked to a journalist, a former Member of this House, a close confidante of the Minister for Industry and Commerce. Does the Minister regard that as a desirable process in relation to the publication of this report? When will we see it?
I answered that question.
I welcome the Minister's commitment to the concept of consultation at the widest possible level in regard to the implications of the report. It is the Commission's responsibility to report to the Minister for Industry and Commerce. Will the Minister's Department be responsible for the implementation of the widest range of the recommendations?
It will be the Government's responsibility.
I do not want to fence with the Minister but there is ambiguity in regard to this matter. The commission come within the remit of the Department of Industry and Commerce and because they deal with the legal profession, are they now the responsibility of the Minister's Department in terms of progressing the consultation he talked about and the drafting of any necessary legislation?
I do not want to fence with the Deputy. That is being looked at at the moment.
Is that under consideration also? Is that the position? I lost the Minister's answer.
