asked the Minister for Justice if he is aware of the lack of public confidence in the complaints system adopted by the Incorporated Law Society; and if he proposes to amend the Solicitors Act in order to deal with the situation in the near future.
Ceisteanna—Questions. Oral Answers. - Incorporated Law Society Complaints System.
14.
(Limerick East): I am aware that there has been criticism of the machinery for dealing with complaints against solicitors and I am also aware that the Incorporated Law Society, the representative body for solicitors, are themselves dissatisfied with the machinery and intend to recommend changes to me shortly. I therefore expect to consider this matter in the reasonably near future, together with other issues apart from complaints against solicitors that would have to be examined in any review of the Solicitors' Acts.
I take it that, despite what the Incorporated Law Society have said in recent months, no submissions have been made in relation to the amendment of the Solicitors' Acts in recent times.
(Limerick East): I expect to consider the matter in the reasonably near future. I am awaiting recommendations for changes which are supposed to be sent to me shortly by the Incorporated Law Society.
Is the Minister aware that in October the President of the Incorporated Law Society stated that submissions were being made within a matter of weeks to the Minister for Justice? Do I take it that no submissions have been made, even at this stage?
(Limerick East): I understand that the Incorporated Law Society, which are the representative body for solicitors, are dissatisfied with the machinery and intend to recommend changes to me shortly. It has been intimated to me that they are dissatisfied and are interested in changes, but they have not recommended changes to me yet.
Is the Minister not himself dissatisfied and is he not aware that there are very serious cases which have had very detrimental effects on the livelihoods of individuals? They feel that the system as it operates at present does not give them a fair hearing or a sufficiently urgent one. Many people are anxious to see change in this area. Would the Minister go ahead in the meantime and prepare his own proposals, bearing in mind that he will surely have proposals from the Incorporated Law Society in due course?
(Limerick East): Since the Incorporated Law Society have intimated their dissatisfaction with the machinery at present available, it would be more appropriate that I await and evaluate their recommendations before bringing forward proposals. While not attempting to refer to particular cases, I am aware of some general dissatisfaction and hope that some amendments could be made in a review of the Solicitors' Acts in the reasonably near future.
I am calling Deputy Harney for a final supplementary, then Deputy Lenihan and Deputy Allen.
Would the Minister agree that not just in the case of solicitors but other professions too it would be desirable if in the public interest, we were to have an independent complaints tribunal where members of the public could bring their complaints? Would the Minister agree that it is not satisfactory that a body should investigate complaints against its own members? Would he also agree that it is time we had an in-depth inquiry into the legal profession in Ireland with a view to making other necessary changes? Would he be prepared to set up such an inquiry into our legal profession?
(Limerick East): There are very far-ranging issues of policy involved in any reply I might give to that question. All I can do is invite the Deputy to put down a question along those lines.
My question relates to complaints against solicitors. Would the Minister be agreeable to my suggestion that it would be desirable in the public interest that any complaints against solicitors, and other professions, should be investigated by a body other than the body concerned, because that is not the case at the moment?
(Limerick East): As regards amendments to the Solicitors' Act which would seek to amend that procedure, I would be interested in an independent element in the complaints procedure.
Is the Minister aware that a large number of these complaints emanate from Irish citizens living in Britain who find it very difficult to deal with the situation where solicitors here are acting for them? Would the Minister bear that difficulty in mind?
(Limerick East): I was not so aware, but I will bear it in mind.
The Minister must be aware of the widespread dissatisfaction with the present system. Would he assure the House that in the event of no submissions coming from the Incorporated Law Society within the next two months he would consider setting up an independent complaints tribunal, or at least a tribunal with lay participation?
(Limerick East): As I said already, there is dissatisfaction with the system and that dissatisfaction is shared by the Incorporated Law Society. I will await their recommendations before proceeding further with policy formation in the area and I expect they will forward their recommendations to me in the reasonably near future.