Vol. 426 No. 2
16 Mr. Barry asked the Minister for Justice the number of solicitors who have been struck off the Roll of Solicitors during 1992; and the way in which this compares to each of the years from 1989 to 1991; and if she will make a statement on the matter.
The information sought by the Deputy may be obtained from the Registrar of the Incorporated Law Society who has a statutory responsibility, under the Solicitors Act, 1954, to maintain the roll of solicitors and to make it available for public inspection during office hours, without payment.
The registrar is also required under the Solicitors Acts to maintain a record of every order of the High Court striking the name of a solicitor off the roll or suspending a solicitor from practice, and also to publish a notice in “Iris Oifigiúil” of any order of the High Court striking a solicitor off the roll or suspending a solicitor from practice.
Can the Minister of State explain to the House the difficulty he encountered in getting his Department to obtain the information requested? Is he aware of the two extremely well publicised cases of solicitors struck off for fraudulently embezzling clients' funds and misappropriating clients' funds? Can the Minister confirm that he is aware that there are substantial legal difficulties in processing criminal prosecutions against such solicitors? Can the Minister indicate whether it is intended in the context of introducing a Solicitors (Amendment) Bill to provide for draconian new criminal penalties that can be brought against solicitors who misappropriate clients' funds in the type of cases that recently received so much publicity?
I wonder how Deputy Shatter found it so difficult to get the information he was so anxious to receive from the Registrar of the Incoporated Law Society. If he reads page five of today's Irish Independent he will see that the President of the Incorporated Law Society in a speech yesterday referred to the figures. For the record the figures are as follows: 1989, 2; 1990, 1; 1991, 5; 1992, 3. We do not have figures for 1993 yet because the year has not yet expired. In regard to the second part of Deputy Shatter's question, I am aware of the legal difficulties involved. Basically the Government has two options. We have had representations from the Incorporated Law Society with detailed proposals for penalising solicitors who engage in fraudulent activities in embezzling clients' funds and so on. We could accept those but it would mean including a new Part to the solicitors Bill which will be coming shortly before a special committee. Alternatively, we can deal with the matter as part of general legislation on fraud. I do not know whether it would be more appropriate to adopt the latter course but we are examining the situation. I am aware of those difficulties and they will be dealt with by means of one of the two options I have mentioned.
I would encourage the Minister to deal with them in the Solicitors (Amendment) Bill as that legislation is before the House. Is the Minister of State aware that not only is there widespread concern among the general public but also in the legal profession and the solicitors' profession? There are difficulties in this area because the solicitors' profession is funding a compensation scheme, at great personal cost, which, if claims continue at current levels, cannot be met. There is a clear need to put in place legislation that allows for proper criminal prosecutions to be brought in the type of cases that have occurred.
I can confirm that the Solicitors (Amendment) Bill will be reintroduced in the House shortly. In relation to the latter part of Deputy Shatter's question, yes, I am aware of the concern. In fact the President of the Incorporated Law Society recognised it yesterday in his speech. I assure Deputy Shatter, in case there is any doubt, that the necessary legislation will be put in place. It will either appear in the Solicitors (Amendment) Bill or it will be part of the new legislation we are about to introduce to update the law on fraud.
Is the Minister of State satisfied with the manner in which the Incorporated Law Society deals with complaints from the public? Would he agree that there is a need for an independent legal ombudsman? Would the Minister of State agree that the Incorporated Society is so firmly entrenched in its "cover-up" in relation to misbehaviour in other matters, that it is now issuing letters of intimidation to Deputies who are attempting to bring to light these misbehaviours? I have evidence of that. Not only did the President of the Incorporated Law Society make statements yesterday but he sent letters threatening to take legal action against those who tried to uncover many of the misbehaviours that are taking place.
New procedures are being put in place in the Solicitors (Amendment) Bill to increase the powers of the law society to deal with recalcitrant and fraudulent solicitors. Deputy Allen will be aware, because he is a member of the committee, of the proposal in the Bill to appoint a legal ombudsman for the solicitors' profession. In regard to letters of intimidation, I have not received any and I have not heard about them until now. If the Deputy brings any such letters to my attention I will be happy to deal with it.
Can the Minister say whether it would be possible for him, or the Director of Public Prosecutions, to refer some of these recent high profile cases to the Garda fraud squad?
Yes, the Director of Public Prosecutions has the power to do so if he decides that to be appropriate.
Will the Minister ask him?
Are these cases being investigated by the Director of Public Prosecutions?
If the Deputy has any case in mind and gives me the details, I will be happy to deal with it.
May I ask the Minister the reason many of the recent much publicised cases have not been the subject of investigation by the Garda fraud squad and the reason one well-known individual who is resident in Dublin has not been arrested by the Garda? If one of us did some of the things that have been reported we would be under arrest. Why have the Garda not taken into cusody and questioned that individual?
The investigation of cases, and the taking of people into custody is a matter for the Garda. I have no function, and neither would I wish to exercise any function in that matter.
That disposes of questions for today.
