I would draw the attention of the Deputy to sections 69 and 70 in Part 6 of the Legal Services Regulation Bill 2011 which makes provision for the imposition of a levy on the Bar Council and Law Society to cover the expenses of the Legal Services Regulatory Authority and of the Legal Practitioners Disciplinary Tribunal.
As a general rule, the total amount of the levy payable in each financial year will be the sum of the approved expenses of the Authority and the expenses of the Disciplinary Tribunal in respect of the preceding financial year. The Minister will, in consultation with the Legal Services Regulatory Authority, determine the proportion of the approved expenses of the Authority attributable to its complaints functions and the proportion attributable to its other functions. Of the proportion that relates to the complaints functions of the Authority—
10 per cent will be payable by the Bar Council,
10 per cent will be payable by the Law Society, and
the remaining 80 per cent will be payable pro rata by the Bar Council and the Law Society according to the proportion of the expenses that was incurred by the Authority in the consideration and investigation of complaints relating to barristers and complaints relating to solicitors.
The proportion of the approved expenses relating to the other functions of the Authority will be payable pro rata by the Bar Council and the Law Society according to the number of barristers on the roll of practising barristers and the number of solicitors on the roll of solicitors on the first day of the year to which those expenses relate.
In respect of the Legal Practitioners Disciplinary Tribunal, the Minister will, in consultation with the Disciplinary Tribunal, apportion the expenses of the Tribunal between complaints relating to barristers and complaints relating to solicitors. Of this amount—
10 per cent will be payable by the Bar Council,
10 per cent will be payable by the Law Society, and
the remaining 80 per cent will be payable pro rata by the Bar Council and the Law Society according to the proportion of the expenses that was incurred by the Disciplinary Tribunal in the consideration and investigation of complaints relating to barristers and complaints relating to solicitors.
Under section 70, the Minister can make regulations to provide for all or any of the following matters:
the date on which payment of the levy becomes payable;
the keeping by the Authority and the Disciplinary Tribunal of specified records in respect of matters connected with the liability to pay the levy;
the collection and recovery of the levy;
the rate of interest on amounts not paid when due; and
such other matters as are necessary for, or incidental to, the imposition, payment and collection of the levy.
Calculations of levies under the Bill are, among other matters, by reference to the numbers of practising barristers and solicitors who may be involved. No distinction is made on the basis of how long they are in practice. I look forward to engaging in debate on these and other aspects of the Bill as it progresses through the House.
