HC Deb 15 February 1864 vol 173 cc595-6

Order for Second Reading read.

MR. O'HAGAN (THE ATTORNEY GENERAL FOR IRELAND)

said, he would shortly explain the objects of the Bill. The certificated conveyancers were a body of professional men who were largely consulted on matters of business in Ireland, and the sole test of whose position was that they had taken out a certificate. It was manifestly of the highest importance that these persons should be properly qualified for their duties. By a late statute, the 22 & 23 Vict. c. 157, persons who were conveyancers in England were not permitted to receive certificates unless accompanied by an order or permission from the benchers of an inn of court, and he proposed by the measure to assimilate the law of Ireland to that of England. A regulation of that sort, indeed, was more needed in Ireland even than in England. In this country, conveyancers properly so called were always barristers below the bar. In Ireland the certificated conveyancers were in many cases solicitors' clerks and other uneducated persons often of a very humble position. He therefore proposed that conveyancers should not only have the certificate for which they paid, but an order from the benchers of the King's Inns in Ireland, who should have an opportunity of arranging the conditions upon which that order should be obtained. The object of the Bill was to prohibit persons from practising as conveyancers without having, in addition to the certificate, an order from the benchers of the King's Inn at Dublin.

MR. M'MAHON

said, the effect of the Bill, he thought, would be considerably to lessen the number of persons practising as certificated conveyancers in Ireland, and thus limit the number of advisers to whom the public might look for assistance in legal matters. He would therefore suggest to his hon, and learned Friend to extend the provisions of the measure by enabling any person who had obtained a certificate from any inn of court in England to practise as a conveyancer in Ireland. In the second clause, he found a provision which he thought very dangerous. If that clause became law no one could draw a lease in Ireland under a penalty of £20, unless he were an equity draftsman, a pleader, a certificated conveyancer, an attorney, or a solicitor. He (Mr. M'Mahon) should move the rejection of that clause in Committee.

MR. GEORGE

thought the hon. and learned Gentleman who introduced the Bill deserved great credit for endeavouring to remedy what had long been considered a great grievance, and he concurred in thinking it desirable that power should be given to the benchers in Ireland to define the proper qualifications for persons who desired to practise as conveyancers and equity draughtsmen. He had received communications from persons in Ireland connected with every branch of the legal profession, and they highly approved the introduction of the Bill.

Bill read 2°, and committed for Friday, 26th February.