Ciarán Cuffe
Question:161 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his plans to appoint an ombudsman to the legal profession. [24705/04]
View answerWednesday, 13 October 2004
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Written answers
The existing system for dealing with complaints against the legal profession has been enhanced recently.
The Solicitors (Amendment) Act 2002 strengthens the disciplinary regime for solicitors in a number of respects of which the following are examples. It doubles the size of the Solicitors Disciplinary Tribunal to cater for an increased workload and the speedier processing of cases. The tribunal is now required to make a separate finding on each ground of alleged misconduct. Regard must be had to previous findings of misconduct by a solicitor when imposing a sanction in the current case. The maximum amount which a solicitor, in respect of whom there has been a finding of misconduct, may be ordered to pay to an aggrieved party or to the Law Society's compensation fund increased from £5,000 to €15,000. There is a right of appeal to the High Court on all aspects of the tribunal's work.
The Act provides for remedies against solicitors who fail to co-operate with investigations. The circumstances in which the Law Society may refuse to issue a practising certificate or impose conditions on a certificate are spelt out in more detail than before. The circumstances in which the society can send an investigator to inspect documents at a solicitor's office are also extended.
A member of the public who is dissatisfied with how the Law Society handles a complaint made to it may refer the matter to the adjudicator appointed under the Solicitors (Adjudicator) Regulations 1997. The adjudicator can require the production of documents and make conclusions of fact and recommendations. He may direct the society to examine or re-investigate the related complaint made to it about a solicitor where he is not satisfied that the society has investigated the complaint adequately. He may also direct the society to make an application to the disciplinary tribunal for an inquiry into the conduct of the solicitor on the ground of alleged misconduct.
The conduct of inquiries for cases heard in camera is also being addressed. Section 40 of the Civil Liability and Courts Act 2004, which will come into operation on 31 March 2005, enables a body conducting an inquiry, otherwise than in public, to have better access to documents and have more information and evidence given to it, subject to a prohibition on the publication of any such documents, information or evidence.
I am in consultation with the Law Society on suggestions it has recently made for further changes in its complaints system. While the complaints system appears to operate in a generally satisfactory manner it is being kept under review in my Department and the question, of course, remains open for the future as to whether proposals to Government for the establishment of a statutory ombudsman for the legal profession should be made.