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

SECTION 54.

Ms O'Donnell

I move amendment No. 112:

In page 61, to delete lines 43 to 46 and substitute the following:

"(8) The Minister may direct the Society to make regulations (or to amend regulations made) under subsection (1) of this section providing for the requirement set forth in subsection (2) of this section.'.".

This amendment is to ensure that the Minister's power is clearly tied into the society's power to make regulations under subsection (1) but relates to the requirement concerning compulsory professional indemnity insurance set out in subsection (2). It is to link the Minister's power with the society's regulation-making power under subsection (1).

Mr. O'Dea

I see the rationale for this. It is essentially a drafting amendment and I will accept it.

Amendment agreed to.

Mr. Browne (Carlow-Kilkenny)

I move amendment No. 113:

In page 61, between lines 46 and 47, to insert the following:

"(9) It shall be an offence for the Society to use regulations made under this Act, the Principal Act or any other Act in such a way as to restrict access to the profession of solicitor so as to reduce competition. Where the society is found guilty of an offence under this section the Society shall be liable to a fine which shall be not less than £5,000.'.".

This could have been linked with the amendment we were discussing earlier dealing with stress and mental health. This amendment is an effort to make sure that the Law Society cannot prevent people from joining the profession, thereby creating a closed shop so that there would be a monopoly. I presume the Minister will not be happy with the amendment.

Mr. O'Dea

The Deputy presumes correctly.

Amendment, by leave, withdrawn.

Section 54, as amended, agreed to.

Section 55 agreed to.

SECTION 56.

Mr. O'Dea

I move amendment No. 114:

In page 62, subsection (2), line 22, after "body" to insert ", or as a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by this Act) of the Principal Act."

The amendment is essentially a drafting amendment which makes it clear that practice as a solicitor in the full-time service of the State constitutes practice as a solicitor. This has always been the case and the amendment clarifies that and puts it beyond doubt.

Amendment agreed to.

Mr. O'Dea

I move amendment No. 115:

In page 62, subsection (3), line 23, to delete "The foregoing provisions" and substitute "Subsection (1)".

This is also a drafting amendment consequential on amendment No. 114.

Amendment agreed to.

Section 56, as amended, agreed to.

Section 57 agreed to.