Dáil Éireann Debate, Thursday - 6 October 2016
75. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if she will provide the correspondence or details of the interaction her Department has had with the Law Society of Ireland on the EU's concerns regarding the regulations regulating advertising within the legal sector; and if she will make a statement on the matter. [29163/16]
View answer76. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if she will provide the correspondence or details of the interaction her Department has had with the Bar Council on the EU's concerns regarding the regulations regulating advertising within the legal sector; and if she will make a statement on the matter. [29164/16]
View answerI propose to take Questions Nos. 75 and 76 together.
Formal Notice was issued by the European Commission in November 2013 to the Minister for Justice and Equality, as Government notice party, drawing attention to "a potential breach of Article 24" of the Services Directive. This also sought the Government's observations including by reference to the ongoing development of the Legal Services Regulation Bill of 2011. The 2013 Notice of a potential breach is a public document and has, therefore, been a matter of public record. It should also be noted in this regard that a breach as notified has not yet been determined and it remains, therefore, a “potential breach”.
Early inquiries raised by the European Commission in 2012 were made by reference to section 123 of the 2011 Bill dealing with the advertising issue and its possible further refinement to ensure compliance with the Services Directive. From then on the matter was negotiated on the basis of the new provisions being developed by the Government under the Bill and with a view to providing the level of "certainty" of compliance desired by the Commission in the new legislation. This arose naturally from the fact that the Legal Services Regulation Bill of 2011, including its advertising reforms, came to attention as a specific deliverable under the EU/IMF/ECB Troika Programme of that time.
I am happy to say that the legislative solution, negotiated with the European Commission, is that now found under section 218 of the Legal Services Regulation Act 2015. Under this provision the new Legal Services Regulatory Authority will assume responsibility for the regulation of advertising by both solicitors and barristers - thereby replacing the professional bodies in that function which they had exercised historically. Hence, the potential infringement has been for resolution by negotiation, at the legislative level. This has been on the basis of there being a new and independent Legal Services Regulatory Authority that would regulate lawyers’ advertising instead of the legal professional bodies.
While the Notice of a potential infringement has not technically been lifted, it remains the intention of the Government to continue to address the Commission's concerns through the independent regulation of lawyers' advertising by the new Legal Services Regulatory Authority under section 218 of the 2015 Act which will soon be commenced. Exchanges and clarifications with the Commission are ongoing on that basis. The Deputy will also wish to note that section 218 also contains a consultation provision whereby the new Regulatory Authority will, before making new advertising regulations, consult with the professional bodies and with the other interested parties concerned.
As the Government is, and remains, the notice party to these ongoing infringement proceedings and the negotiated solution with the European Commission is being achieved under new legislation, there has been limited direct contact on the matter with the professional bodies. In the case of the Law Society this has been by way of obtaining clarifications on aspects of the application of their existing advertising regulations at the request of the Commission. In the case of the Bar Council my Department has consulted the relevant provisions of the Council's Code of Conduct and of its Advertising Guidelines for members.
I hope that the Deputy will find the information I have been able to provide in this instance, while also taking into account the fact that the relevant infringement proceedings to which the Government is party are ongoing, to be of assistance in clarifying the current situation.
