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Legislative Measures

Dáil Éireann Debate, Thursday - 25 June 2015

Thursday, 25 June 2015

Questions (135)

Clare Daly

Question:

135. Deputy Clare Daly asked the Minister for Justice and Equality if an amendment proposed on Committee and Report Stages of the Legal Services Regulation Bill 2011 (details supplied) has come to her attention in the past 18 months; if she or her officials have obtained guidance with respect to the public procurement regulations that may be relevant; and if in that guidance and advice she is aware of legal obstacles to the implementation of the proposed amendment. [25487/15]

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Written answers

The Legal Services Regulation Bill completed its Dáil Stages on 22 April followed by the completion of Seanad Second Stage on 13 May. In this context, I would point out to the Deputy that the proposed amendments she has referred to, and which relate to the staffing of the new Legal Services Regulatory Authority, were not Government amendments and were, in fact, withdrawn.

At the same time, and as reflected in the very constructive manner in which the relevant amendments were withdrawn, it is to be acknowledged that the proposed reforms to the legal professional conduct regime under the Bill will have implications for a number of existing and appropriately skilled staff who currently deal with public complaints made through the Law Society and the Bar Council, respectively. I understand that eighteen to twenty full-time equivalent posts are in question. I am also conscious of the support given by Deputies, both independent and from across the Parties, to finding a workable solution which can reconcile the competing human resource, regulatory independence and other considerations involved, during their detailed discussion of these very aspects of the Bill during Dáil Committee Stage. As the Deputy will appreciate, I have also received, and continue to consider, representations on these matters from the legal professional bodies, from individual members of their staff and from trade union representatives.

I am, therefore, taking account of all of the concerns that are now in play as part of the ongoing consideration of the human and other resource aspects of the establishment of the new Legal Services Regulatory Authority and of the Legal Practitioners' Disciplinary Tribunal. As conveyed by the Deputy’s Question, these are matters which are not solely within my own purview but continue to be negotiated between my Department and the Department of Public Expenditure and Reform which has overall responsibility for policy in these areas. The outcome of these ongoing deliberations, which will take account of the legal and other aspects concerned, will inform those amendments relating to the staffing of the new Legal Services Regulatory Authority that I expect to bring, with Government approval, before the Seanad. The intention is that the Bill be completed so that the new Legal Services Regulatory Authority can come into operation without delay this year.

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