Sir, – I hope Lord Lester (August 30th) enjoyed his holidays in west Cork where he was “amazed” to observe the restrictive practices of the Irish bar. He says I did not in my article (Opinion, August 26th) identify any practice or procedure that I would like to change. He then, implicitly, instances those which he thinks should be changed. All of the “much needed reforms” which Lord Lester says were made in England in the face of “professional opposition” have already been voluntarily made by the Irish bar or were in existence anyway.
For his information, the two- thirds and two-counsel rule have been abolished here for several years. The same is true of advertising, where our rules are similar to those in the UK. As distinct from the UK, where solicitors of recent times enjoy varying rights of audience in the higher courts in competition with the bar, solicitors have had full rights of audience in Ireland since 1971. In Ireland, unlike England, applications to become senior counsel have never been politicised. As in England, barristers have to demonstrate adherence to continuing professional development requirements. In every one of these respects, Lord Lester’s letter is entirely wrong.
On access to the profession, Nicholas Greene QC, then chairman of the English Bar Council said in 2010 that of about 1,800 qualifying in the previous year there, only 463 had been in a position to get pupillages. In plain English that means that less than one-third of newly qualified barristers got a chance to practise. In Ireland every newly qualified barrister, between 150 and 200 a year, gets that chance.
Lord Lester’s claim that there is wider access in England goes well beyond the complacency of which he accuses me and in a less distinguished person might be considered smug.
Lord Lester thinks it notable that many outstanding Irish lawyers prefer to practise in the UK or Europe. Some nationals of every country, especially small ones like Ireland in every discipline have sought their futures abroad. This is no necessary comment on Ireland.
I am, of course, Paul O’Higgins SC, (Senior Counsel) not QC, (Queen’s Counsel) as Lord Lester refers to me. That status was last conferred in this country at the end of the reign of Queen Victoria and that of KC (King’s Counsel) before the second World War. – Yours, etc,