Dáil Éireann Debate, Tuesday - 21 May 2013
532. Deputy Róisín Shortall asked the Minister for Justice and Equality with regard to persons who are aggrieved about the conduct of legal representatives or medical witnesses in Children Court cases, if he will outline the options open to them to pursue complaints in view of the in-camera rule; and if he will make a statement on the matter. [24056/13]
View answerAs the Deputy will be aware, the conduct of any court case is a matter entirely for the presiding judge who is, subject only to the constitution and the law, independent in the exercise of his or her judicial functions. Where the conduct that is the source of grievance is conduct which is alleged to be unprofessional, a complaint would lie to the professional body concerned. Sections 40(6) and (7) of the Civil Liability and Courts Act 2004 provide for recourse to material relating to, or information of evidence given in, proceedings heard other than in public, for the purposes of a statutory inquiry into professional misconduct. Therefore, neither the fact that a case is before the Children Court, nor the fact that it is being held in camera, would prevent a complaint being made to the professional body or bodies responsible for the conduct of the legal, medical or other professional involved. In relation to lawyers, as the Deputy would be aware, the disciplinary bodies concerned would be the Law Society or the Bar Council. A medical expert or practitioner would be subject to the complaint and disciplinary structures of the relevant branch of the medical profession under which he or she is represented. In dealing with such complaints the disciplinary bodies concerned would have to be cognisant of their obligations arising from the fact that they are dealing with matters that have arisen before the Children Court and were subject to the in camera rule. The Deputy will wish to be aware that the Legal Services Regulation Bill 2011, which is due to commence Committee Stage shortly, will establish a new, independent Legal Service Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council backed up by a Legal Practitioner’s Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council but through the new Legal Services Regulatory Authority.
