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Select Committee on Legislation and Security debate -
Tuesday, 10 May 1994

SECTION 44.

I move amendment No. 106:

In page 51, to delete lines 44 to 47.

The section as drafted is unnecessarily restrictive. The effect of subsection (3) is to allow the society to restrict the taking of apprentices in the case of solicitors employed by bodies corporate. The effect of the amendment is to put all practicising solicitors as defined in subsection (6) on the same footing in relation to taking apprentices and, as a result, to increase the number of solicitors who can take apprentices.

Amendment agreed to.

I move amendment No. 107:

In page 52, line 21, to delete "corporate." and substitute the following:

"corporate, or

(d) a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by the Solicitors (Amendment) Act, 1994,) of this Act.".

The effect of this amendment is to extend the definition of practising solicitor to include solicitors in the full-time service of the State, for example, solicitors employed in the Chief State Solicitor's Office and, as with the previous amendment to this section, to increase the number of solicitors who can take apprentices.

Amendment agreed to.
Section 44, as amended, agreed to.
NEW SECTION.

I move amendment No. 108:

In page 52, before section 45, to insert the following new section:

"45.—For the purpose of this Act, the Society shall ensure that a minimum £150 weekly shall be paid to apprentices and such amount shall be increased annually in accordance with increases in the consumer price index.".

This amendment deals with apprentices. There is a recommended rate of pay for apprentices. We already discussed the restrictions on newly qualified solicitors practising as sole practitoners. This concerns a two year apprenticeship. It has been a source of aggravation and grievance on the part of young solicitors that they must live on a low stipend during their apprenticeship. Despite the high cost of taking the professional exam and the fact that it costs approximately £4,500 to complete the solicitor's professional course, during that time an apprentice is paid £100 per week. Some are paid less. I heard of instances where apprentices are working for nothing because they are delighted to get their foot in the door of an office.

This relates to the point I made about perpetuating exploitation in the profession. Now that moves are being made in this legislation to allow solicitors take on two apprentices to relieve blockage in that regard, it is time the Law Society addressed this situation. It has recommended a rate of £100 per week for solicitors' apprentices, but it is impossible to live away from home on that amount.

We have already discussed this with amendment No. 101.

This amendment relates to apprentices. I did not realise we had discussed the amendments together. However, I would be grateful if the Minister took this point up with the Law Society.

Amendment, by leave, withdrawn.
Section 45 agreed to.
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