Andrew Doyle
Question:1116. Deputy Andrew Doyle asked the Minister for Justice and Equality if he intends to include legal executives within the Legal Services Regulation Bill; and if he will make a statement on the matter. [38574/13]
View answerWednesday, 18 September 2013
Questions (1116)
Written answers
I have clearly set out the situation in relation to this matter in my Written Replies to Questions No. 152 and 154 of 30 January 2013, Question No. 278 of 14 February 2013 and Question No. 387 of 18 June 2013, which I will, therefore, reiterate.
As the Deputy will be aware, the Legal Services Regulation Bill 2011 has commenced Committee Stage in the Dáil which will resume in the coming weeks. The Bill does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged. It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes beyond those measures to be introduced under the Legal Services Regulation Bill.
The proposals being made by the Irish Institute of Legal Executives Ltd, on behalf of its members, are very far-reaching. They relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which have separate histories and do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011. As such, they are premature in a number of key respects and give rise to a range of substantive issues that cannot be addressed, in legislative terms, by merely adding a handful of provisions to this Bill.
While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives" in the future, the very far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such matters, including their constitutional and other substantive aspects, will need to be considered carefully and separately on their own merits, while others may come to be considered in due course by the new Legal Services Regulatory Authority. It nonetheless remains open to legal executives, who are so minded, to pursue the career of solicitor or barrister by way of capitalising on their acquired legal knowledge and experience.