Speech by Dermot Ahern TD, Minister for Justice & Law Reform Law Society Annual Dinner 21st May, 2010

Check Against Delivery 

It's been a hard year for many members of this profession and others and I want to acknowledge that.

But this year will be better than last. And next year will be better than this. The worst is over. The economy has turned the corner. We have enough positive signs now to know that we are on the road to
recovery:

• The ESRI, Central Bank and the European Commission are all predicting a return to growth within the year.
• CSO figures and Dublin port figures show that Ireland’s export performance is showing great resilience.
• Retail figures and motor sales are up.
• Consumer sentiment is highest since January 2008.
• Employment is stabilising.
• And a recent Deloitte survey has shown that finance directors believe that NAMA will work.

There is so much, much more to do. But the decisions we have taken are working. The job now is clear - to press ahead and secure the recovery. And that means - more than anything - that we unite around the single goal of creating jobs. We have done it before. We know we can do it again.

New Measures on White Collar Crime

Any renewed prosperity must also bring with it reformed systems, strong laws and regulations to ensure that it is just not possible to play fast and loose with the economic and financial system. Part of that reform will mean a rigorous focus on White Collar Crime. Detecting it, deterring it and bringing to justice those who perpetrate it. This evening I am announcing a series of moves to update and strengthen our approach to that form of crime.

These include:

1.     Formally requesting the Garda Commissioner to bring forward proposals for  change in the criminal law in this area.
2.     Introducing blanket whistle-blower protection for reporting
 suspicions of corruption.
3.     A new consolidated Corruption Bill.
4.     A broad and comprehensive White Paper Consultation on White Collar  Crime seeking public and practitioner input.

In an approach similar to that taken in updating and strengthening the law in area of knife crime, I have asked the Garda Commissioner to bring forward proposals for changes to the criminal law which would enhance the ability of the Force to investigate white collar crime. As you will be aware, the Garda Siochána are currently engaged in a series of criminal investigations into white collar crime.

In light of the experience gained by the Force in these current and in past investigations, I believe they are well placed to bring forward proposals, which will help us bring offenders to justice as expeditiously as possible. This move comes in addition to that of asking the DPP to provide his detailed views on reform in this area to the Attorney General.

I will shortly bring the Prevention of Corruption (Amendment) Bill before
the Dáil Committee with a view to securing its early enactment. Part of that Bill, once enacted, provides protection to whistleblowers in respect of all offences covered by the all anti-corruption legislation dating back to 1889. Let me be clear what that means: it will provide protection to any person, in any sector, reporting suspicions of corruption in good faith.

In my view the number and variety of laws dealing with corruption matters on
the statute book is unsatisfactory and understandably confusing for many
people. I want to make the law clearer, easier to access and where necessary, tougher, in this area. To that end, I will shortly bring proposals to Government to begin preparation of consolidated Corruption Bill which will bring all of the relevant anti-corruption measures together in a single statute. In addition, I have asked that the White Paper on Crime currently in preparation in my Department gives priority to the issue of tackling white collar crime. Shortly I will publish a White Paper Consultation Paper on this issue and will invite submissions and comments from all quarters.

Report on Social Diversity & Access To The Legal Profession 

It is customary for Ministers addressing august professional functions like this to set out the litany of reforms in the sector currently underway. I’m going to spare you that particular pleasure this evening and instead simply focus on one area that is personally important to me. As you know, under the Legal Services Ombudsman Act, the Ombudsman - who should be selected and appointed later this year following a public, competitive process -  will report to me on admissions to practice as Solicitors and Barristers.

The Act also empowers me to seek reports of the Ombudsman on other issues as I direct. The first report I will seek from the Ombudsman will relate to access to the legal profession. Not to the issue of numbers but to the issue of diversity
- issues such as social class or ethnic minority access to the profession.

All of our professions need to take a good look at this issue – I want the legal profession to lead, to set the bar for others. This profession has always attracted the brightest and the best. This past decade has seen a radical transformation in the scope and scale of legal education in the Law Society. No one can claim that this Society is limiting the number of solicitors in training. Similarly, the Bar Council has radically increased numbers in training. We need to take that effort to move to the next stage now.

We need to know if there are structural or financial impediments in the training regimes for barristers and solicitors, which prohibit the brightest and the best from less well-off backgrounds becoming lawyers. We need to isolate those impediments and remove them. Equally, we need to isolate the impediments for ethnic minorities or people with a disability, for example.

I acknowledge that some of the changes, which may need to be made, might require Government assistance. I acknowledge also the good work currently underway in this area by the Law Society through its Access Scheme. And it is only fair to stress that the paid trainee solicitor system means that the issue of potential social exclusion may probably be more pronounced for potential barristers than solicitors.

I am certain that making the professions - every profession – more reflective of the society we serve can only be a good thing. Our legal system exists to serve the people. It must be of the people – all of the people.

Internships for Newly Qualified Lawyers in Department of Justice

I started this speech by acknowledging that these are hard times for the many members of this, and other professions. The hard reality is that there are many newly qualified lawyers without employment or work experience. In all of the Departments I have worked in I have been struck by the value of internships. These provide newly qualified, talented people who come to work in a Government Department or Agency, essentially to gain experience.

I have been anxious to see where recently qualified lawyers, who would otherwise be unemployed, could work with my Department and Agencies as temporary interns for experience purposes. We have already made placements with the Legal Aid Board and subject to the acceptance of the terms of the Croke Park Agreement I would hope to be in a position to increase this number across all Justice areas and agencies shortly.

Judicial Council Bill

I will shortly bring proposals for the publication of the Scheme of the Judicial Council Bill to Government. I believe this will achieve a reasonable balance between the desire of the Irish people to have a transparent accountability framework for judicial behaviour and the need to ensure respect for the independence of the judiciary. The Bill will provide the public with a framework through which they may pursue allegations of judicial misconduct building on a definition of a breach of judicial conduct.

A Judicial Council will be established and will be broadly supportive of excellence in the exercise by judges of their judicial functions. At the same time, the Council will be supported by the committee tasked with the consideration and investigation of complaints. Crucially, that committee will have lay participation. This is a key aspect of the commitment to this Bill given under the Programme for Government and I look forward to further debate in guiding it through the Oireachtas.

Let me conclude by congratulating President Gerard Doherty, Director General Ken Murphy, and the Council and staff at Blackhall Place for all of their hard work not only in organising this wonderful event, but in running an excellent organisation in such difficult times.