20 March 2007

Justice

 Legal Practitioners Act

Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform his plans to repeal or reform the Legal Practitioners (Qualification) Act, 1929 in response to the report of the Competition Authority into the legal profession; and if he will make a statement on the matter.

Minister for Justice, Equality, and Law Reform (Mr. McDowell):
The Competition Authority recommended that the existing Irish competency requirement should be abolished and replaced by a voluntary system of high level Irish language training.

The Legal Practitioners (Qualification) Act 1929 provides that no person may be admitted by the Chief Justice to practise as a barrister-at-law in Irish courts unless he or she satisfies the Chief Justice that he or she possesses a competent knowledge of the Irish language. The 1929 Act applied to solicitors until 1954 when new arrangements were introduced in the Solicitors Act 1954. To qualify for admission as a solicitor, the 1954 Act stipulates that the Law Society requires students to undertake two examinations in Irish. The first examination applies to persons seeking to enter apprenticeship and the second applies to persons wishing to be admitted as solicitors. The purpose of the second examination is to ensure that persons who pass it have a competent knowledge of the Irish language.

My Department is currently examining the implementation of the recommendation of the Competition Authority in consultation with the legal professions and other Government Departments.