Vol. 407 No. 8
11 Mr. Sherlock asked the Minister for Justice if he has considered the report of the Fair Trade Commission into the legal profession in so far as the recommendations relate to his area of responsibility; if, in particular, he has reached any conclusion in the matter of the appointment of a legal ombudsman; and if he will make a statement on the matter.
The recommendations of the Fair Trade Commission in relation to solicitors are being considered in connection with the proposed Solicitors (Amendment) Bill, which is at an advanced stage of drafting in my Department.
I clearly welcome that. Has the Minister reached a conclusion on the appointment of a legal ombudsman?
The Deputy will have to wait in the normal manner for the publication of the Bill before I am prepared to go into detail on the individual sections. However, let me say that I am very strongly of the opinion that there should be such a body.
I welcome that indication from the Minister. Obviously I hope the Bill will be issued very shortly. In the context of the report of the Fair Trade Commission and the proposed Bill, is it intended to extend the provisions of the Bill to include legislation for the Bar for the first time or is that side of the profession to be left in the nebulous state of having no legislation to regulate and control them? Second, has the Minister any proposals for the establishment of an institute of legal education or for fusing the legal schools that exist, as recommended in the report?
The Deputy is attempting to tease out the substance of the Bill. I recently met with representatives of the Bar Council to discuss a number of matters arising from the Fair Trade Commission's report on the legal profession and both of the points touched on by the Deputy were on the agenda.
Is the Minister aware that Deputy Gay Mitchell published a Private Member's Bill, the Reform of the Courts Administration Bill. 1986, which provided for the appointment of an ombudsman and provided also for the fusion of the Bar and solicitors? Will the Minister say that he will go that far in his legislation? Has the Minister taken cognisance of the fact that the Fair Trade Commission report also referred to the wearing of wigs and gowns and the impression this gives clients of getting a service which only an elite can provide and that this, of course, affects the cost of the service? Has the Minister considered whether the wearing of regalia will be allowed to continue in the future?
We are having quite an extension of this question to particular matters which are worthy of separate questions.
The Deputy is querying the content of the Bill and he will have to await its publication——
We are waiting a long time.
It was a long time in gestation before I arrived. We will have a Bill this session and Deputies will have the opportunity to discuss it at length.
The Minister has spent four years in Government.
With regard to the wearing of wigs etc, the Deputy will be pleased with the recent decision which the Bar Council themselves made on that issue.
What about the fusion of the profession?
I do not wish to deprive the Minister of the element of surprise in his Bill, but does the Minister intend legislating at this or any other stage on the Bar?
As I said, I will be publishing a Solicitors (Amendment) Bill. I have had discussions with the Bar Council on a number of matters arising from the Fair Trade Commission's report on the profession generally and I feel it would be preferable if things could be done voluntarily rather than by legislation.
Will the Minister deal with legal education in the Bill? We have the ridiculous situation at present of a plethora of law schools. Does the Minister propose that we will have a single law school?
The Deputy will have to await the publication of the Bill.
The Minister might take a good suggestion on board.
