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Dáil Éireann díospóireacht -
Tuesday, 15 Jun 1999

Vol. 506 No. 2

Written Answers. - Legal Advisers.

Jim O'Keeffe

Ceist:

70 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the way in which he considers that training and work experience of solicitors renders them unsuitable for the position of legal advisers to the Office of the Director of Equality Investigations and to the Equality Authority; and the steps, if any, he will take to open up these positions to the 6,800 solicitors currently precluded from applying. [15091/99]

Alan Shatter

Ceist:

92 Mr. Shatter asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate that eligibility for the position of legal adviser in both the Office of the Director of Equality Investigations and in the Equality Authority should be restricted to barristers only; and the reason eligibility for this position as advertised on 7 May 1999 does not extend to solicitors and other persons such as university law graduates. [15093/99]

I propose to take Questions Nos. 70 and 92 together.

In reply to Question No. 70, the position is that the legal advisers to be recruited from the competitions, advertised by the Civil Service Commission last month, will be the primary source – similar to the situation in the case of legal assistants in the Office of the Attorney General – for in house legal opinion and advisory work relating to the interpretation of the new equality enactments as well as case law. As such the work for which the legal advisers are sought is in the domain of activity normally reserved to barristers and for which their training and work experience particularly fits them.

Question No. 92 appears to arise from my reply to an earlier question asked by Deputy O'Keeffe on this matter. In reply, I would say that it is reasonable, in view of the fact that there are two branches in the legal profession, that my Department should be in a position to seek to employ persons with a background in one or other branch of the profession depending on the nature of the work involved. Solicitors engage barristers, on behalf of clients, to consider, interpret and advise on specific aspects of the law. It is work of that kind for which the legal advisers, presently being recruited, are sought. In the circumstances, I consider that the qualifications for the posts are appropriate.
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