As I set out previously in my answer to Question 32 of 2nd April 2015 , the European Commission has expressed a concern to the Government that Ireland's current legal services advertising regime may be in breach of Article 24 of Directive 2006/123/EC ('the Services Directive'). In general terms, while the Directive permits certain restrictions on legal services advertising that are informed by the public interest, the Commission has found that some of the current restrictions being applied in this jurisdiction under existing law may be disproportionate. A letter of Formal Notice to that effect issued to the Government in October 2014. The issue of there being a possible infringement by Ireland is, therefore, being resolved under current Government policy as a matter of legislative reform rather than by direct correspondence with the legal professional bodies. Such correspondence does not, therefore, arise in this instance. The Government's vehicle for this reform is the Legal Services Regulation Bill 2011.
My Department is therefore engaged, under the normal procedures, in ongoing correspondence and consultations with the European Commission with a view to finding the appropriate balance between the exigencies of the Services Directive and those of Government policy. Such advertising refinements as may be agreed between the Government and the Commission in achieving that balance will be put forward by way of appropriate amendment to the Legal Services Regulation Bill.
By way of further explanation of the approach being taken, the Deputy will wish to note the key change that is already taking place under the Bill in relation to the advertising of legal services by legal practitioners. While, at the moment, the legal professional bodies regulate advertising by their members, under section 158 of the Bill it is the new and independent Legal Services Regulatory Authority that will be responsible for the making of regulations in this area. Moreover, this will be the case in relation to both solicitors and barristers. The resolution of a possible infringement of the Services Directive is, therefore, being approached by means of the drafting of appropriate adjustments to the existing advertising reforms of section 158 of the Bill that can meet the relevant policy concerns.
The Legal Services Regulation Bill is now before the Seanad having completed Seanad Second Stage on 13 May. It is anticipated, therefore, that any Government amendments being proposed to ensure advertising compliance with the Services Directive will be among those circulated for consideration for Seanad Committee Stage which I expect to take place in the Autumn. The intention is that the Bill be completed so that the new Legal Services Regulatory Authority can come into operation without delay this year.
