James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 1:

In page 7, line 18, to delete “to amend the Legal Services Regulation Act 2015;” and substitute the following: “to amend certain provisions of the Legal Services Regulation Act 2015, including for the purpose of making further provision in relation to the levy to be paid under that Act

and the roll of practising barristers;”.

I should first say that a significant fire has broken out at Wexford General Hospital. Our thoughts are with everybody there and I hope there are no injuries. Parts of the hospital are being evacuated and the Garda has asked people to stay away.

This group of amendments concerns the Legal Services Regulation Act 2015 and primarily relates to how the annual imposition of a levy on legal practitioners used to fund the Legal Services Regulatory Authority, LSRA, and the Legal Practitioners Disciplinary Tribunal, LPDT, is calculated. Part 7 of the Legal Services Regulation Act 2015 provides for the annual imposition of a levy on legal practitioners to be paid by the Law Society of Ireland, the Bar of Ireland and barristers who are not members of the Bar of Ireland. The levy is collected by the Legal Services Regulatory Authority and used to fund both the operating costs and administrative expenses of the LSRA and the independent LPDT. The LSRA issues annual levy notices to the two professional bodies and to individual practising barristers. The Law Society pays the levy to the LSRA for all solicitors who hold a practising certificate in the financial year to which the levy relates. The Bar of Ireland pays the levy to the LSRA for all barristers who are listed on the roll of practising barristers as Law Library members. Individual levy notices are issued directly by the LSRA to barristers who are on the roll but who are not members of the Law Library. The LSRA can also receive advances of funds from the Minister for Justice for the purpose of expenditure by the authority in the performance of its functions and this is set out under section 32 of the 2015 Act.

Amendment No. 1 updates the Long Title, while amendments Nos. 14 and 15 replace section 95 of the Legal Services Regulation Act 2015 and insert a new model for the payment and calculation of the levy as set out in new sections 95A to 95D, inclusive. The levy figure each year will now include an amount to cover the budgeted net expenditure for the coming financial year. This changes the nature of the formula for calculating the levy form a retrospective model which is currently based on the previous year's expenditure. It will become a forward-facing model based on the reasonable budgeted spend of the LSRA and the LPDT for the coming year. The LSRA will also be enabled to manage any surplus or deficit that may arise, including the establishment of a reserve, with the consent of the Minister for Justice. This also provides a statutory basis for the mechanism by which the LSRA repays through the levy funds advanced to it by the Minister for Justice under section 32 of the 2015 Act. In addition, it introduces an annual effective date on which a liability of legal practitioners for payment of the levy would be determined.

Amendment No. 16 updates the provisions of section 96 of the Legal Services Regulation Act 2015 which concern consequences for failure to pay the levy. It seeks to provide clarity on the sequencing where an application for voluntary removal from the roll of practising barristers is received at the same time or close in time to when an individual is removed from the roll for non-payment of the levy.

Amendment No. 17 clarifies what is meant by legal practitioner in the full-time service of the State for the purposes of this Act. Section 1334D of the Act requires that an entry of the roll of practising barristers in respect of each practising barrister shall specify whether he or she is in the full-time service of the State. The term "in full-time service of the State" is not defined in the Act and this has caused confusion among practitioners, with the LSRA receiving a number of queries on this issue.

Amendment No. 18 implements a recommendation arising from a statutory review carried out by the LSRA on the operation of the Legal Services Regulation Act 2015. The report was submitted to the Oireachtas in March 2019 and among its recommendations was the following suggestion:

The levy amount to be charged to each class of legal practitioner should be based on the percentage division of the workload of the LSRA allocated using such proxy measures and cost accounting methodologies as the LRSA may determine by regulation.The proxy measures and cost accounting methodologies are to be reviewed at least every three years.

The LSRA regulations, having regard to the number and type of complaints received by received by the LSRA, may prescribe a different levy in respect of the different categories of legal practitioners. The amended provision will also ensure the legal professions are consulted in advance of regulations being made.

Amendment No. 19 substitutes section 134 of the Legal Services Regulation Act 2015 and clarifies the information that barristers must submit, with an application to be entered on the roll which includes correspondence address.

Amendment Nos. 20 and 21 make a number of alterations to section 135 of the 2015 Act in relation to the variation of details included on the roll. Amendment No. 20 clarifies the obligation of practising barristers to notify the LSRA of any changes to their details as submitted on the roll of practising barristers. Having up-to-date details of a barrister's practising status is a key part of the levy calculation process. In addition, it inserts a number of new subsections addressing the limited circumstances where the records of the Bar of Ireland in relation to the membership of the Law Library differ from those held by the LSRA. This impacts on the calculation and collection of the levy. Section 5B provides an obligation on the Bar of Ireland to notify the LSRA where a person ceases to be a member of the Law Library. Sections 5C to 5H authorise the LSRA to change a person's status on the roll from Law Library member to non-Law Library member, following receipt of information form the Bar of Ireland, provided the LSRA has followed the notification process set out in the legislation. Amendment No. 21 inserts a new section 135A which obliges practising barristers to keep their correspondence address up to date with the LSRA. All of these amendments have been developed in consultation with the LSRA which has, in turn, engaged with the Law Society and the Bar of Ireland.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 2:

In page 7, line 19, after “2015;” to insert the following: “to provide for the Data Protection Commission to issue a reprimand to a controller or processor in certain circumstances and”

This group of amendments relates to the Data Protection Act 2018. Amendments Nos. 2 and 3 amend the Long Title, while amendments Nos. 22, 23, 25 and 26 clarify that the Data Protection Commission will resolve a complaint by issuing a reprimand on the basis of the various non-statutory inquiry options that have been set out in the 2018 Act. The 2018 Act already provides for the use of reprimands in relation to a number of circumstances but is silent as to whether a reprimand may be used in the context of a complaint, handling of domestic cases, cross-border complaints where an inquiry has not been conducted and complaint handling in relation to alleged infringement proceedings of the law enforcement directive. The vast majority of complaints handled by the Data Protection Commission are not subject to an inquiry process as they are generally reserved for matters related to high-risk systemic processing. However, in individual complaint handling cases where the commission finds there has been an infringement by a data controller-processor, the commission is currently limited in the actions it may take to those prescribed by section 109(5). In expressly providing for the power of a reprimand to be imposed on a controller-processor in an individual complaint handling case, this amendment will clarify and strengthen the commission's suite of enforcement tools in the majority of cases. The scenarios in which the Data Protection Commission envisages issuing a reprimand outside a formal inquiry process are limited to where there is no dispute in relation to the matters under examination, for example, complaints of a failure to respond to a data access request within the specified timeframe under the general data protection regulation, GDPR.

While amendment No. 24 inserts a new section 117(B) to provide in primary legislation for express right on the part of individuals to enforce third party beneficiary rights conferred on data subjects under binding corporate rules and standard data protection clauses adopted by the European Commission or by a supervisory authority, the amendment also clarifies data subjects' third party beneficiary rights to subprocessors engaged by the data exporter to carry out specific processing activities on behalf of the data exporter. It supersedes SI 297 of 2021.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 3:

In page 7, line 22, to delete “for that purpose,” and substitute “for those and other purposes,”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 4:

In page 8, between lines 11 and 12, to insert the following: “(3) The Bankruptcy Acts 1988 to 2015 and Part 5 may be cited together as the Bankruptcy Acts 1988 to 2023.”.

On Committee Stage I flagged my intention to bring forward an amendment to section 46 of the Bankruptcy Act 1988. That section sets out the process for certifying the vesting of a bankrupt property in the official assignee after bankruptcy adjudication in the High Court. However, I am not now proceeding with that intended amendment. I am happy to say that, following internal process reforms already introduced by the Courts Service, there is no longer a need for it.

Amendments Nos. 4 and 10 to 12, inclusive, which concern amendments to the Bankruptcy Act 1988, are technical amendments made on the advice of the Office of the Parliamentary Counsel. Amendment No. 4 provides a collective citation for the Bankruptcy Acts, and amendments Nos. 10 and 11 amend proposed section 61A of the Bankruptcy Act 1988. Amendment No. 12 inserts a new section 61B in the Bankruptcy Act 1988, following after and related to the new section 61A that is inserted by section 33 of this Bill. On Committee Stage I flagged I would propose to introduce this amendment on Report Stage. The purpose of the amendment is to provide explicit statutory authority for the data protection purposes for the official assignee in bankruptcy to request, and for a public body, private entity or individual to provide, information the assignee considers necessary and proportionate for the effective performance of his or her functions under section 61 of the Bankruptcy Act. Such information may include personal data, special categories of personal data and Article 10 data under the general data protection regulation.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 5:

In page 8, between lines 29 and 30, to insert the following: “Amendment of section 6B of Act of 1956

4.Section 6B(4) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.”.

On Committee Stage I highlighted the intention to bring forward technical amendments to the Irish Nationality and Citizenship Act 1956. The purpose of these amendments is to update the provisions contained within the Act, to clarify other provisions, and to ensure the appropriate legislation in force is referenced. Amendments Nos. 5 and 9 update references in the Irish Nationality and Citizenship Act 1956 to replace references to provision of the Refugee Act 1996 with the corresponding provisions of the International Protection Act 2015.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 6:

In page 11, line 11, to delete “exceeding” and substitute “exceeding,”.

This is a group of technical or typographical amendments. Amendments Nos. 6 to 8, inclusive, are minor technical amendments to improve the drafting of provisions of the Irish Nationality and Citizenship Act 1956, inserted as amendments on Committee Stage. Amendments Nos. 13, 27 and 29 update the title of the Minister for Public Expenditure, National Development Plan Delivery and Reform to reflect a recent change of title, while amendment No. 28 corrects an error in Roman numerals of an amendment made on Committee Stage.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 7:

In page 11, line 32, to delete “course of” and substitute “course of,”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 8:

In page 12, line 2, after “child,” to insert “step-child,”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 9:

In page 12, between lines 33 and 34, to insert the following:

“Amendment of section 16A of Act of 1956 8. Section 16A(1) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 10:

In page 20, line 20, to delete “complete, true and accurate.” and substitute “true, accurate and complete.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 11:

In page 20, to delete lines 25 to 38.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 12:

“Provision of information to Official Assignee

34.The Act of 1988 is amended by the insertion of the following section after section 61: “61B. (1) The Official Assignee may make such enquiries of, and request such information from, a person as the Official Assignee considers to be necessary and proportionate for the performance by him or her of his or her functions under section 61.

(2) A person of whom an enquiry or a request under subsection (1) is made shall provide the information the subject of the enquiry or request to the Official Assignee within such time as may be specified by the Official Assignee.

(3) In this section and section 61A—

‘Act of 2018’ means the Data Protection Act 2018;

‘Article 10 data’ means personal data referred to in Article 10 of the General Data Protection Regulation;

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

‘information’ includes personal data, special categories of personal data and Article 10 data;

‘personal data’ has the same meaning as it has in the General Data Protection Regulation;

‘special categories of personal data’ has the same meaning as it has in the Act of 2018.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 13:

In page 28, line 15, to delete “Public Expenditure and Reform,” and substitute “Public Expenditure, National Development Plan Delivery and Reform,”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 14:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 95 of Act of 2015

49.The Act of 2015 is amended by the substitution of the following section for section 95:

“95.(1) Subject to section 97, the following shall, in accordance with this Part, pay to the Authority in each financial year a levy (in this Part referred to as ‘the levy’) in the amount determined in accordance with this Part:

(a) the Law Society;

(b) the Bar Council;

(c) each barrister who is not a member of the Law Library.

(2) The levy referred to in subsection (1) shall be collected and retained by the Authority to be used to meet—

(a) the expenses of the Authority and of the Disciplinary Tribunal incurred in the performance by them of their functions under this Act, and

(b) the repayments by the Authority of any advances made by the Minister under section 32.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 15:

In page 29, between lines 28 and 29, to insert the following: “Insertion of sections 95A to 95D in Act of 2015

50.The Act of 2015 is amended by the insertion of the following sections after section 95:

“Determination of levy

95A. (1) The amount of the levy payable in each financial year shall be the sum of—

(a) the expenses of the Authority, and the expenses of the Disciplinary Tribunal, in respect of the levy year, calculated in accordance with this section, and

(b) the amount determined by the Minister under subsection (2) in respect of the financial year.

(2) The Minister shall, as soon as practicable after the beginning of each financial year, and following consultation with the Authority, determine the amount that the Authority shall pay to him or her in the financial year in repayment of advances made by him or her to the Authority under section 32.

(3) The Authority shall, as soon as practicable after the beginning of each financial year, with the consent of the Minister and in accordance with this section, calculate, in respect of the levy year—

(a) the expenses of the Authority, and

(b) the expenses of the Disciplinary Tribunal.

(4) The Authority, for the purposes of subsection (3), shall—

(a) calculate in respect of each body—

(i) the income of the body in the levy year,

(ii) the operating costs and administrative expenses that were properly incurred by the body in the levy year in the performance by it of its functions under this Act, and

(iii) the surplus or deficit arising in relation to the body in the levy year,

and

(b) determine the budgeted net expenditure of each body in the financial year.

(5) Where the Authority calculates under subsection (4) that a surplus exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

(a) retain the amount of the surplus, or a portion thereof, as a reserve;

(b) deduct under subsection (7) the amount of the surplus, or a portion thereof, from the amount calculated under subsection (4)(a)(ii) in relation to the body.

(6) Where the Authority calculates under subsection (4) that a deficit exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

(a) use any reserves of the body, or any portion thereof, to meet or reduce the amount of the deficit;

(b) add under subsection (7) the amount of the deficit, or a portion thereof, to the amount calculated under subsection (4)(a)(ii) in relation to the body.

(7) For the purposes of this Part, the net expenditure of a body in a given year shall be the amount that is the sum of the operating costs and administrative expenses that were properly incurred by the body in the year in the performance by it of its functions under this Act and the amount (if any) to which subsection (6)(b), in relation to the year, applies, less the amount (if any) to which subsection (5)(b), in relation to the year, applies.

(8) For the purposes of this Part, the expenses of the Authority in respect of a levy year are the sum of—

(a) the net expenditure of the Authority in the levy year, calculated in accordance with subsection (7), and

(b) where applicable, the amount by which the budgeted net expenditure of the Authority in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4) (a)(ii) in relation to the Authority.

(9) For the purposes of this Part, the expenses of the Disciplinary Tribunal in respect of a levy year are the sum of—

(a) the net expenditure of the Disciplinary Tribunal in the levy year, calculated in accordance with subsection (7), and

(b) where applicable, the amount by which the budgeted net expenditure of the Disciplinary Tribunal in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4)(a)(ii) in relation to the Disciplinary Tribunal.

(10) A reference in this section to the budgeted net expenditure of a body in a year is a reference to the net expenditure that is reasonably expected to be incurred by the body in that year in the performance by it of its functions under this Act.

(11) In this Part—

‘body’ means one of the following:

(a) the Authority;

(b) the Disciplinary Tribunal;

‘deficit’ means, in relation to a body, the amount by which the operating costs and administrative expenses of the body in a year exceed the income of the body in the year;

‘expenses of the Authority’ shall be construed in accordance with subsection (8);

‘expenses of the Disciplinary Tribunal’ shall be construed in accordance with subsection (9);

‘financial year’ means the period of 12 months beginning on 1 January and ending on 31 December;

‘levy year’ means, in relation to a financial year, the year immediately preceding the financial year;

‘net expenditure’, in relation to a body, shall be construed in accordance with subsection (7);

‘operating costs and administrative expenses’—

(a) in relation to the Authority, includes the following:

(i) the remuneration (including allowances for expenses) of the members of the Authority;

(ii) the remuneration (including allowances for expenses and superannuation benefits) of inspectors and members of the staff of the Authority;

(iii) any superannuation contributions paid in respect of the members of the staff of the Authority out of moneys provided by the Oireachtas;

(iv) fees due to consultants and advisers appointed under section 17;

(v) the cost of office premises;

(vi) any capital expenditure incurred by the Authority or portion thereof;

(vii) any costs or expenses, not referred to in subparagraphs (i) to (vi), incurred by the Authority in the performance of its functions under this Act,

and

(b) in relation to the Disciplinary Tribunal, includes the following:

(i) the remuneration (including allowances for expenses) of the members of the Disciplinary Tribunal;

(ii) the remuneration (including allowances for expenses and superannuation benefits) of members of staff of the Disciplinary Tribunal;

(iii) any superannuation contributions paid in respect of the members of the staff of the Disciplinary Tribunal out of moneys provided by the Oireachtas;

(iv) the cost of office premises;

(v) any capital expenditure incurred by the Disciplinary Tribunal or portion thereof;

(vi) any costs or expenses, not referred to in subparagraphs (i) to (v), incurred by the Disciplinary Tribunal in the performance of its functions under this Act;

‘superannuation benefits’ means pensions, gratuities and other allowances payable on resignation, retirement or death;

‘surplus’ means, in relation to a body, the amount by which the income of the body in a year exceeds the operating costs and administrative expenses of the body in the year.

Apportionment of levy

95B.(1) The Authority shall, in relation to the net expenditure of the Authority calculated under section 95A(7) in respect of a levy year, determine—

(a) the proportion of the net expenditure that was incurred by the Authority in the performance of its functions—

(i) under Part 6, and

(ii) under this Act, other than Part 6,

and

(b) in relation to the net expenditure of the Authority to which paragraph (a)(i) applies, the proportion of that net expenditure that was incurred by the Authority in the consideration and investigation of each of the following:

(i) complaints in respect of solicitors;

(ii) complaints in respect of barristers who were members of the Law Library;

(iii) complaints in respect of barristers who were not members of the Law Library.

(2) This subsection applies to the amount that is the sum of—

(a) the amount to which section 95A(8)(b) applies in the levy year, and

(b) the amount determined by the Minister under section 95A(2) in respect of the financial year.

(3) The Authority shall, in relation to the amount to which subsection (2) applies, determine the proportion of the amount that—

(a) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(i) bears to the net expenditure

of the Authority referred to in subsection (1), and

(b) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(ii) bears to the net expenditure

of the Authority referred to in subsection (1).

(4) The Authority, in consultation with the Disciplinary Tribunal, shall, in relation to the net expenditure of the Disciplinary Tribunal, calculated under section 95A(7) in respect of a levy year, determine the proportion of that net expenditure that was incurred by the Disciplinary Tribunal in the consideration of applications brought before it that concerned each of the following:

(a) complaints in respect of solicitors;

(b) complaints in respect of barristers who were members of the Law Library;

(c) complaints in respect of barristers who were not members of the Law Library.

(5) The Authority shall calculate the following amounts:

(a) the amount that is the sum of—

(i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraphs (a)(i) of subsection (1), and

(ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (a) of subsection (3);

(b) the amount that is the sum of—

(i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraph (a)(ii) of subsection (1), and

(ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (b) of subsection (3);

(c) the amount that is the sum of—

(i) the net expenditure of the Disciplinary Tribunal in the levy year, and

(ii) the amount to which section 95A(9)(b) applies in the levy year.

(6) The liability for payment of the amount of the levy referred to in section 95A(1) shall be apportioned as follows:

(a) of the amount to which subsection (5)(a) applies—

(i) 10 per cent of that amount shall be apportioned pro ratabetween the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on that roll as barristers who were not such members, respectively, in the levy year,

(ii) 10 per cent of that amount shall be apportioned to the Law Society, and

(iii) the remaining 80 per cent of that amount shall be apportioned pro rataamong the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under paragraph (b) of subsection (1), of the net expenditure referred to in that paragraph that was incurred by the Authority in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph;

(b) the amount referred to in subsection (5)(b) shall be apportioned pro rataamong the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year;

(c) of the amount to which subsection (5)(c) applies—

(i) 10 per cent of that amount shall be apportioned pro ratabetween the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year,

(ii) 10 per cent of that amount shall be apportioned to the Law Society,

(iii) subject to subparagraph (iv), the remaining 80 per cent of that amount shall be apportioned pro rataamong the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under subsection (4), of the net expenditure referred to in that subsection that was incurred in the consideration of applications brought before the Disciplinary Tribunal that concerned complaints in respect of each category of legal practitioner referred to in paragraphs (a), (b) and (c) of that subsection,

(iv) where no applications were brought before the Disciplinary Tribunal in the levy year concerned, the remaining 80 per cent of that amount shall be apportioned pro rataamong the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year.

(7) The Authority shall—

(a) calculate, in accordance with subsection (6), the proportion of the amount of the levy referred to in section 95A(1) that is payable by—

(i) the Law Society,

(ii) the Bar Council, and

(iii) the barristers who were not members of the Law Library in the levy year,

and

(b) apportion the amount calculated under paragraph (a)(iii) equally among all the barristers who were not members of the Law Library in the levy year.

(8) A reference in this section to a proportion is a reference to a reasonable and approximate proportion, calculated by the Authority using proxy measures and cost accounting methodologies provided for in regulations under section 98.

Provisions supplementary to section 95B

95C. (1) For the purposes of this Part, the name of a barrister shall be deemed to have been on the roll in a levy year where the barrister was not a barrister to whom section 97 applies and his or her name was—

(a) on the roll on the effective date in the levy year, or

(b) at any time during the levy year prior to the effective date, removed from the roll, other than where such removal was done—

(i) on the request of the person concerned, where he or she, in the levy year, acquired a solicitor’s practising certificate, or

(ii) under section 135(1)(d).

(2) For the purposes of this Part, a person shall be deemed to have been a practising solicitor in a levy year where he or she held a practising certificate during the levy year, other than where, during the levy year:

(a) his or her name was entered on the roll and was removed from the roll, other than in circumstances referred to in subparagraph (i) or

(ii) of subsection (1)(b),

(b) his or her name was entered on the roll, and was on the roll on the effective date, or

(c) he or she died.

(3) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who was a member of the Law Library in a levy year where—

(a) on the effective date in that year, or

(b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was a member of the Law Library.

(4) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who is not a member of the Law Library in a levy year where—

(a) on the effective date in that year, or

(b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was not a member of the Law Library.

(5) A reference in this Part—

(a) to the number of barristers whose names were on the roll in a levy year shall be construed as a reference to the number of barristers whose names are deemed under subsection (1) to have been on the roll,

(b) to the number of barristers whose names were on the roll as members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (3) to have been a member of the Law Library in the levy year,

(c) to the number of barristers whose names were on the roll as barristers who were not members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (4) to have been a barrister who was not a member of the Law Library in the levy year, and

(d) to the number of practising solicitors in a levy year shall be construed as a reference to the number of persons who are deemed under subsection (2) to have been practising solicitors in that levy year.

(6) For the purposes of this Part—

(a) a complaint shall be deemed to be a complaint in respect of a barrister who was a member of the Law Library where—

(i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was a member of the Law Library,

(ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who was a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

(iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is a member of the Law Library,

and

(b) a complaint shall be deemed to be a complaint in respect of a barrister who was not a member of the Law Library where—

(i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was not a member of the Law Library,

(ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who is not a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

(iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is not a member of the Law Library.

(7) Where—

(a) a complaint in respect of a barrister relates to more than one act or omission,

(b) at the time of the acts or omissions to which the complaint relates, the name of the barrister was on the roll, and

(c) during the period between the date of the earliest act or omission to which the complaint relates and the date of the latest such act or omission, the barrister—

(i) having been a barrister who was a member of the Law Library, became a barrister who is not a member of the Law Library, or

(ii) having been a barrister who was not a member of the Law Library, became a barrister who was a member of the Law Library,

the Authority shall, as it considers appropriate in the circumstances, decide whether the complaint is to be treated, for the purposes of this Part, as a complaint in respect of a barrister who is a member of the Law Library or a complaint in respect of a barrister who is not a member of the Law Library.

(8) For the purposes of the determination, apportionment and collection of the levy payable in the financial year in which section 50 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023comes into operation, a requirement under this Part on a person to do a thing as soon as practicable in a financial year shall be construed as a requirement on the person to do the thing as soon as practicable after the date on which that section comes into operation.

(9) In this Part—

‘effective date’ means, in relation to a levy year, 31 December in that year;

‘roll’ means the roll of practising barristers.

Levy Assessment Notice

95D.(1) As soon as practicable after the beginning of each financial year, following compliance with section 95A and 95B the Authority shall provide a notice (in this Act referred to as a ‘levy assessment notice’) to each of the bodies or persons referred to in paragraphs (a), (b) and (c) of section 95(1).

(2) A levy assessment notice shall specify—

(a) the net expenditure of the Authority, determined in accordance with section 95A(7), in respect of the levy year,

(b) the proportions of the net expenditure of the Authority determined under section 95B(1)(a),

(c) the proportion, determined under paragraph (b) of section 95B(1), of the net expenditure of the Authority to which section 95B(1)(a)(i) applies that was incurred in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph,

(d) the amount to which section 95B(2) applies in respect of the levy year,

(e) the proportions of the amount referred to in paragraph (d), determined under section 95B(3),

(f) the net expenditure of the Disciplinary Tribunal, determined in accordance with section 95A(7), in respect of the levy year,

(g) the proportion, determined under subsection (4) of section 95B, of the net expenditure of the Disciplinary Tribunal referred to in paragraph (f) that was incurred in the consideration of applications brought before it concerning complaints in respect of each category of legal practitioner referred to in paragraph (a), (b) and (c) of that subsection,

(h) the amount to which section 95A(9)(b) applies in the levy year,

(i) the amounts calculated under section 95B(5),

(j) the apportionment, in accordance with section 95B(6), of liability for the payment of the amount of the levy referred to in section 95A(1),

(k) the amount payable by the professional body or person concerned, calculated in accordance with section 95B(7),

(l) the date by which the amount specified under paragraph (k) becomes payable,

(m) the rate of interest payable if all or part of the amount specified under paragraph (k) is not paid by the date referred to in paragraph (k), and

(n) such additional information as the Authority considers appropriate.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 16:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 96 of Act of 2015

51.Section 96 of the Act of 2015 is amended—

(a) in paragraph (c) of subsection (2), by the substitution of “subsections (3), (6) and (7)” for “subsection (3)”,

(b) in subsection (3), by the deletion of “practising barristers”, and

(c) by the insertion of the following subsections after subsection (5):

“(6) Where—

(a) the Authority removes the name of a barrister who is not a member of the Law Library from the roll in accordance with subsection (3),

and

(b) the person referred to in paragraph (a) subsequently makes an application to the Authority under section 134(1),

the Authority shall not comply with section 134(1) in respect of the application until such time as any amount payable by that person in respect of the levy imposed by this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, is paid in full.

(7) Where—

(a) the Authority has provided a levy assessment notice to a barrister who is not a member of the Law Library,

(b) the barrister concerned makes an application to the Authority under section 135(3), and

(c) as of the date of the making of the application referred to in paragraph (b), the barrister concerned has not paid the amount specified in the levy assessment notice referred to in paragraph (a) as payable by him or her in respect of the levy imposed under this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount,

the Authority shall remove the name of the barrister from the roll and such removal shall be deemed to have been done under subsection (3) and subsection (6) shall apply accordingly.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 17:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 97 of Act of 2015

52. Section 97 of the Act of 2015 is amended by the insertion of the following subsection after subsection (2):

“(3) For the purposes of this Act, a legal practitioner shall be regarded as being in the full-time service of the State if and while he or she is required to devote the whole of his or her time to the service of the State as a legal practitioner and is remunerated in respect of such service wholly out of moneys provided by the Oireachtas.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 18:

In page 29, between lines 28 and 29, to insert the following:

“Amendment of section 98 of Act of 2015

53. Section 98 of the Act of 2015 is amended—

(a) in subsection (1), by the insertion of the following paragraph after paragraph (d):

“(de) the proxy measures and cost accounting methodologies to be used in respect of a proportion referred to in section 95B;”,

and

(b) by the addition of the following subsections after subsection (1):

“(1A) Before making regulations under subsection (1)(de), the Authority shall consult with—

(a) each professional body, and

(b) such other interested parties, including barristers who are not members of the Law Library, as the Authority considers appropriate.

(1B) The Authority shall, on a date that is not later than 24 months after the coming into operation of the regulations first made under subsection (1)(de), commence a review of the operation of the regulations, which review shall be concluded within 12 months of that date.

(1C) In carrying out the review referred to in subsection (1B), the Authority shall consider representations (if any) made, during such consultation, by or on behalf of any person or body with whom or with which it consulted under subsection (1A).”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 19:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 134 of Act of 2015

54. The Act of 2015 is amended by the substitution of the following section for section 134:

“134. (1) A person who is a qualified barrister and who intends to provide legal services as a barrister shall apply to the Authority to have his or her name, and the information referred to in section 133(4) in respect of him or her, entered on the roll and, subject to section 96(6), the Authority, on being satisfied that the person is a qualified barrister, shall enter the name of that person and the information on the roll.

(2) An application under subsection (1) shall be—

(a) in such form as may be prescribed, and

(b) accompanied by the person’s address for correspondence and such other contact details of the person as the Authority may specify for the purposes of this section.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 20:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 135 of Act of 2015

55. Section 135 of the Act of 2015 is amended—

(a) in subsection (1)(b), by the substitution of “subsection (3) or (7) of section 96” for “section 96(3)”,

(b) in subsection (3), by the substitution of “shall” for “may”, and

(c) by the addition of the following subsections after subsection (5):

“(5A) A practising barrister whose name has been entered on the roll shall, not later than 30 days after the date on which the change occurred, notify the Authority of any change in the following information in respect of him or her:

(a) his or her name;

(b) any of the matters referred to in section 133(4) as they relate to him or her.

(5B) The Authority shall, as soon as practicable after receipt of a notification referred to in subsection (5A), amend the entry on the roll, and its records, as necessary.

(5C) The Bar Council, where it becomes aware that a person has ceased to be a member of the Law Library, shall, without delay, notify the Authority of the fact.

(5D) The Authority, on receipt of a notification referred to in subsection (5C), shall send the person concerned a notice in writing—

(a) informing him or her of the notification,

(b) inviting him or her to, not later than 30 days after the date of the notice, confirm whether he or she is a member of the Law Library, and

(c) informing him or her of the effect of subsection (5E).

(5E) The Authority, where it has complied with subsection (5D), shall amend the entry on the roll, and its records, in respect of the person concerned to specify that he or she is a practising barrister who is not a member of the Law Library where—

(a) it is satisfied, having regard to the notification under subsection (5C) and any confirmation provided by the person in accordance with paragraph (b) of subsection (5D), that the person is a practising barrister who is not a member of the Law Library, or

(b) the person does not provide a confirmation in accordance with that paragraph.

(5F) Subsections (5D) and (5E) shall not apply where—

(a) the Authority has, under subsection (1), removed the name of the person from the roll, or

(b) the person concerned has, as the case may be—

(i) notified the Authority under subsection (5A) that he or she is a practising barrister who is not a member of the Law Library, or

(ii) complied with subsection (3).

(5G) An application under subsection (3), a notification referred to in subsection (5A) and a confirmation under paragraph (b) of subsection (5D) shall be—

(a) in such form as may be prescribed, and

(b) accompanied by the address for correspondence and such other contact details of the person concerned as the Authority may specify for the purposes of this section.

(5H) An amendment under subsection (5B) or (5E) to an entry in the roll shall take effect on and from the date on which the Authority, under the subsection concerned, amends the roll and its records.

(5I) In determining whether a practising barrister’s failure to comply with subsection (5A) or subsection (1) or (2) of section 135A should be considered as constituting misconduct within the meaning of section 50(1)(m), the Authority, the Complaints Committee, the Disciplinary Tribunal or, as the case may be, the High Court, may have regard to whether the failure to comply—

(a) occurred as a result of the illness or incapacity of the practising barrister concerned, and

(b) was remedied without unreasonable delay after the 30 day period referred to in the subsection concerned had expired.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 21:

In page 29, between lines 28 and 29, to insert the following:

“Address for correspondence

56.The Act of 2015 is amended by the insertion of the following section after section 135: “135A.(1) Where, on the date on which this subsection comes into operation, the address for correspondence most recently provided by a practising barrister to the Authority for any purpose under this Part is no longer his or her address for correspondence, the practising barrister shall, within 30 days of that date, provide the Authority with his or her current address for correspondence.

(2) Where, on or after the date on which this subsection comes into operation, the address for correspondence provided by a practising barrister to the Authority for any purpose under this Part changes, the practising barrister shall, within 30 days of the date of such change, provide the Authority with his or her current address for correspondence.

(3) In this Part, ‘address for correspondence’ means, in relation to a person, the address or the e-mail address of the person that can be used by the Authority for the purposes of corresponding with him or her.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 22:

In page 31, between lines 15 and 16, to insert the following: “Amendment of section 109 of Act of 2018

56.Section 109(5) of the Act of 2018 is amended by the insertion of the following paragraph after paragraph (d):

“(da) where the Commission considers the processing of personal data the subject of the complaint infringes a relevant enactment, issuing a reprimand to the controller or processor concerned;”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 23:

In page 31, between lines 15 and 16, to insert the following: “Amendment of section 113 of Act of 2018

57.Section 113(6) of the Act of 2018 is amended—

(a) by the substitution of “any or all” for “either or both”, and

(b) by the insertion of the following paragraph after paragraph (a):

“(aa) the issuing of a reprimand to the controller or processor concerned;”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 24:

In page 31, after line 33, to insert the following: “Amendment of section 117A of Act of 2018

57.The Act of 2018 is amended by the substitution of the following section for section 117A:

“117A. (1) This section applies to a transfer of personal data by a controller or processor to a third country or an international organisation pursuant to Article 46 where the transfer is subject to appropriate safeguards provided for in the rules or clauses (in this section referred to as ‘relevant instruments’) set out in subsection (5).

(2) Without prejudice to any other remedy available to him or her, including his or her right to bring an action under section 117 or to lodge a complaint, a data subject whose personal data is included in a transfer referred to in subsection (1) may, where the transfer is subject to appropriate safeguards set out in a relevant instrument, enforce—

(a) any rights (whether described as third party beneficiary rights or otherwise) conferred on data subjects by, or any clauses or rules expressed to be for the benefit of data subjects in, the instrument concerned, and

(b) where that transfer is subject to any additional safeguards conferring rights on data subjects, those rights.

(3) An action to enforce any rights conferred on data subjects or any clauses or rules expressed to be for the benefit of data subjects referred to in subsection (2)—

(a) may be taken against—

(i) a party to the transfer referred to in subsection (1), or

(ii) a sub-processor of a party referred to in subparagraph (i) in so far as that sub-processor is processing personal data referred to in that subsection,

and

(b) shall be deemed to be an action founded on contract.

(4) Subsections (3) to (10) of section 117 shall apply to an action taken by a data subject under this section subject to the following modifications:

(a) a reference in those subsections to a data protection action shall be taken to be a reference to an action under this section;

(b) a reference in subsections (5) and (5A) to the limit of that court’s jurisdiction in tort shall be taken to be a reference to the limit of that court’s jurisdiction in contract;

(c) a reference in subsections (4)(b) and (8)(b) to compensation for damage suffered by the plaintiff as a result of the infringement of a relevant enactment shall be taken to be a reference to compensation for damage suffered by the plaintiff as a result of the infringement of the relevant instrument.

(5) The relevant instruments are:

(a) binding corporate rules approved in accordance with Article 47;

(b) standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);

(c) standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2);

(d) contractual clauses authorised by a supervisory authority pursuant to Article 46(3)(a);

(e) standard contractual clauses which are the subject of a decision adopted by the Commission in accordance with Article 26(4) of 20 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 25:

In page 31, after line 33, to insert the following: “Amendment of section 122 of Act of 2018

58.Section 122(4) of the Act of 2018 is amended by the insertion of the following paragraph after paragraph (d):

“(da) where it considers the processing of personal data the subject of the complaint infringes a relevant enactment, the issuing to the controller or processor concerned of a reprimand;”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 26:

In page 31, after line 33, to insert the following: “Amendment of section 150 of Act of 2018

59.Section 150(12) of the Act of 2018 is amended by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) under paragraph (a), (b) or (da) of section 109(5) or paragraph (a), (b) or (da) of section 122(4),

(b) under section 111(1)(a), 112(1), 113(2)(b) or (6)(aa), 114, 124(1)(a) or 125(1), or”.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 27:

In page 44, lines 1 and 2, to delete “Public Expenditure and Reform.” and substitute “Public Expenditure, National Development Plan Delivery and Reform.”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 28:

In page 46, line 1, to delete “(xi)” and substitute “(xii)”.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 29:

In page 50, line 27, to delete “Public Expenditure and Reform” and substitute “Public Expenditure, National Development Plan Delivery and Reform”.