I move amendment No. 44:
In page 9, before section 8, to insert the following new section:
"9.-(1) In this section-
'Compensation Fund' means the fund maintained by the Law Society of Ireland under sections 21 and 22 of the Act of 1960, as substituted by sections 29 and 30 of the Act of 1994;
'competent authority', in relation to a member state lawyer, means-
(a) where the member state lawyer-
(i) proposes to pursue the professional activities of a barrister under his or her home professional title and either-
(I) is authorised to pursue the professional activities of a barrister or an advocate under that title in the United Kingdom of Great Britain and Northern Ireland, or
(II) is authorised to pursue professional activities in any other member state,
or
(ii) is, by virtue of regulations under section 3 of the European Communities Act, 1972, pursuing the professional activities of a barrister under his or her home professional title,
the General Council of the Bar of Ireland,
or
(b) where the member state lawyer-
(i) proposes to pursue the professional activities of a solicitor under his or her home professional title and either-
(I) is authorised to pursue the professional activities of a solicitor under that title in the United Kingdom of Great Britain and Northern Ireland, or
(II) is authorised to pursue professional activities in any other member state,
or
(ii) is, by virtue of regulations under section 3 of the European Communities Act, 1972, pursuing the professional activities of a solicitor under his or her home professional title,
the Law Society of Ireland;
'corresponding EEA measure' means any measure or decision taken by the Joint Committee under the EEA Agreement and having an effect corresponding to that of the Directive;
'Directive' means Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained and includes any corresponding EEA measure and a measure which is in force by virtue of the entry into force of the Swiss Confederation Agreement;
'EEA Agreement' means the Agreement on the European Economic Area signed in Oporto on 2 May 1992, as adjusted by the Protocol to that Agreement done at Brussels on 17 March 1993;
'home professional title', in relation to a lawyer, means the professional title used in the member state in which the lawyer acquired the right to use that title;
'member state' means a member state of the European Union (other than the State) and-
(a) on the State being required to implement a corresponding EEA measure, includes a state (other than a member state of the European Union) which is a contracting party to the EEA Agreement, and
(b) on the entry into force of the Swiss Confederation Agreement, includes the Swiss Confederation;
'member state lawyer' means an individual who-
(a) has the right to practise the profession of lawyer in a member state, and
(b) is pursuing, or proposing to pursue, the professional activities of a barrister or solicitor under his or her home professional title;
'Swiss Confederation Agreement' means the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21 June 1999; and
references to regulations under section 3 of the European Communities Act, 1972, are to regulations under that section as amended by section 4 of the European Communities (Amendment) Act, 1993, or any subsequent enactment, and as extended by subsection (2).
(2) Regulations under section 3 of the European Communities Act, 1972, may-
(a) authorise, subject to the Directive, the competent authority concerned to require member state lawyers to take out professional indemnity insurance in accordance with its rules and, if they are pursuing the professional activities of solicitors, to contribute also to the Compensation Fund, and
(b) provide that the rules of a competent authority governing professional practice, conduct and discipline and, as appropriate, the provisions of enactments and regulations made thereunder relating to solicitors, including any of those rules or provisions containing sanctions for breaches thereof, shall have effect, with any necessary modifications, in relation to-
(i) member state lawyers pursuing by virtue of the regulations the professional activities of barristers or solicitors under their home professional titles, and
(ii) barristers or solicitors pursuing professional activities in a member state as if they were doing so in the State.".