Pádraig O'Sullivan
Question:610. Deputy Pádraig O'Sullivan asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [34871/20]
View answerWritten Answers Nos. 610-634
610. Deputy Pádraig O'Sullivan asked the Minister for Justice the status of an application by a person (details supplied); and if she will make a statement on the matter. [34871/20]
View answerAs a dependant of non-EEA national parents who hold a Stamp 4 permission to reside, the person referred to by the Deputy is eligible for a Stamp 3 permission. If, in the future, either parent becomes naturalised, the person concerned may then be eligible for a Stamp 4 permission.
In the interim, an application can be made to Unit 2 Domestic Residence and Permissions Division, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2, D02 XK70, who will accept and consider it, with a view to issuing a permission that allows employment, if successful.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
611. Deputy Joe Carey asked the Minister for Justice if he will report on progress with regard to a request for a review by a person (details supplied); and if she will make a statement on the matter. [34890/20]
View answerThe person concerned has applied for a review of the most recent decision in their case. The review request was submitted on 17 September 2019, and is currently under consideration. The person concerned has been provided with temporary permission to remain in the State on a Stamp 4 basis until 18 February 2021, while their EU Treaty Rights Review applications are under consideration.
The Immigration Service of my Department will correspond with the applicant should further documentation or information be required. Applications are dealt with in strict chronological order, and a decision will issue to the applicant in due course.
The length of time it takes to process applications may vary depending on a number of factors, including the volume of applications on hand. There are a large number of applications on hand at the present time and the Immigration Service has unfortunately been experiencing delays due to the COVID-19 crisis. Staff have had limited access to their offices and to the relevant case files. Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, there will be no avoidable delay in completing same.
614. Deputy Richard Boyd Barrett asked the Minister for Justice if a person (details supplied) can be issued their travel documents; and if she will make a statement on the matter. [34905/20]
View answerI can advise that the travel document application for the person referred to by the Deputy has been successful and a document will be issued to the person concerned. The COVID-19 restrictions have regrettably resulted in significant challenges to the delivery of normal services. However, I can confirm that once this Travel Document has been printed, it will be posted without undue delay. A letter on headed paper will be posted to the person concerned confirming same.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
615. Deputy Matt Shanahan asked the Minister for Justice the status of the revision of the asylum appeals process in view of the recent attacks in France and Austria; if her Department considered an additional background information required for those making applications; if she considered the motivating factors to such radicalisation such as a lack of integration initiatives including adequate employment, education and social inclusion opportunities; and if she will make a statement on the matter. [34906/20]
View answerThe International Protection Act 2015, sets out the provisions for the making and deciding of an application for international protection in the State. This includes provisions related to appeals of negative recommendations, which are heard by the independent International Protection Appeals Tribunal. The 2015 Act is fully consistent with international and EU law in this regard.
Each case for International Protection is examined on its individual merits and any consideration of leave to remain takes all factors into account, including necessary security checks, before a final decision is made.
The Advisory Group led by Dr. Catherine Day, whose Report Minister O'Gorman and I have recently published, has made a number of recommendations related to the international protection process. These recommendations, along with all other recommendations relevant to the work of my Department will be actively considered by a Programme Board I have established for this purpose. Their work will feed into the development of the White Paper by the end of this year, in line with the Programme for Government commitment.
I was also pleased to secure an additional €1.75m in Budget 2021 for the efficient functioning of the international protection system, which will help us to further improve processing times for applications.
International protection applicants can apply to me for a labour market access permission while their claim is being examined. Following a review led by my Department, I recently announced that a number of positive changes are being introduced. The waiting period for applying for a labour market permission is being reduced from 9 months to 6 months and that the validity of the permission is being extended from 6 months to 12 months. I also announced that we will expand the access to the labour market to include those applicants who received a first instance recommendation before the European Communities (Reception Conditions) Regulations 2018 came into force, provided that they meet the criteria set out in the Regulations. The restriction preventing people accessing employment with public health employers, subject to them having the necessary qualifications, is also being removed.
A whole-of-Government approach is adopted to address the needs of diverse groups and to ensure their equal participation in Irish society. As the Deputy will be aware, there is a Migrant Integration Strategy in place. Responsibility for this has transferred to the Department of Children, Disability, Equality, Integration and Youth and I know its implementation will continue to be a priority for my colleague, Minister O'Gorman.
617. Deputy Mary Lou McDonald asked the Minister for Justice if her attention has been drawn to the fact that the report completed by the Garda Síochána Ombudsman Commission regarding the death of a person (details supplied) has not been published; and if she will make a statement on the matter. [34942/20]
View answer618. Deputy Mary Lou McDonald asked the Minister for Justice if her attention has been drawn to an apology issued to the family of a person (details supplied) by An Garda Síochána; and if she will make a statement on the matter. [34943/20]
View answerI propose to take Questions Nos. 617 and 618 together.
I would first like to express my most sincere sympathies to the family concerned in this tragic case. I understand that a formal written apology issued from An Garda Síochána to the family in July 2020.
The case to which the Deputy refers was amongst the complaints considered by independent counsel under the Independent Review Mechanism (IRM). The Deputy will aware that the IRM was established to consider complaints made against An Garda Síochána and to recommend what action, if any, should be taken in relation to each complaint.
In accordance with the recommendation of counsel for the IRM, this particular case was referred to GSOC by the then Minister for Justice for investigation under section 102 of the Garda Síochána Act 2005. A report outlining the findings of this investigation was received by my Department in February 2018. I understand that a copy of the report was also sent to the family concerned.
I am informed, however, that there is ongoing correspondence in relation to the matters raised in the report and that it is GSOC's intention to address the question of publication of an anonymised version of the report once these matters are clarified.
619. Deputy Patrick Costello asked the Minister for Justice the status of the implementation of the recommendations of the 2013 Smithwick Report. [34950/20]
View answerThe Smithwick Tribunal made thematic recommendations regarding North-South police co-operation, Garda discipline and the investigation of historic crimes with a cross-border element.
Firstly it should be stated from the outset that there is close and ongoing co-operation between An Garda Síochána and the Police Service of Northern Ireland in respect of all aspects of policing. There is continuous cooperation between members of An Garda Síochána and their counterparts in the PSNI. In addition there are a number of structured and targeted co-operation mechanisms, as follows:
The Cross Border Policing Strategy aims to improve public safety throughout Ireland, and to disrupt criminal activity and enhance the policing capability of both police services on the island of Ireland. The Strategy was renewed in 2015 and covers an extensive range of policing activities.
The annual Cross Border Conference on Organised Crime further enhances cooperation between law enforcement agencies. Its aim is to enhance understanding and cooperation between law enforcement agencies on both sides of the border, particularly in relation to cross border organised criminality and related issues.
In November 2015, the British and Irish Governments and the Northern Ireland Executive agreed a series of measures in the Fresh Start agreement as part of a concerted and enhanced effort to tackle organised and cross jurisdictional crime. These measures included the creation of the Joint Agency Task Force. The Task Force is led by senior officers from An Garda Síochána, the Police Service of Northern Ireland, the Revenue Commissioners and UK (HM) Revenue and Customs. A number of other relevant bodies, including the National Crime Agency and the Criminal Assets Bureau are also involved in operational activity where appropriate.
There has been very considerable operational activity, with a variety of different operations undertaken since the establishment of the Task Force. The Task Force has had a number of significant successes in countering organised criminality on both sides of the border.
This close cooperation was further developed in November 2019, when An Garda Síochána and the PSNI established a Joint Investigation Team to address the attacks on Quinn Industrial Holdings and its management. This was the first ever Joint Investigation Team established involving An Garda Síochána. This is a significant step forward in cross border police cooperation and had been in preparation for some time.
This close cooperation has also been enhanced, as recommended by Judge Smithwick, via a number of personnel exchanges between the two police forces. Such exchanges are provided for in the Intergovernmental Agreement on Police Co-operation.
In terms of the recommendation to review vetting procedures, I am informed that An Garda Síochána is conducting a review of internal vetting procedures and an Internal Garda Vetting Unit will be established under the remit of the Garda Anti-Corruption Unit on the completion of this review, structured in accordance with international best practice.
With regard to the recommendation where a member of An Garda Síochána carries on business activities in his or her own time, the current Garda Síochána (Discipline) Regulations 2007, provide for the Garda Commissioner to prohibit certain spare time activities for members of An Garda Síochána. In addition, I understand that An Garda Síochána is developing policy and guidelines relating to the holding of business and secondary interests by the Garda workforce.
Finally, with regard to investigations, Commissions or Tribunals of Inquiry in relation to a historic crime with a cross–border element, the Criminal Justice (Mutual Assistance) Act 2008 as amended provides that assistance in relation criminal investigations or proceedings may be sought by one state from another, including cross-border investigations. The Criminal Justice (International Co-operation) Act 2019 provides that Coroners in Northern Ireland and Britain dealing with legacy cases can access testimony from An Garda Síochána where this is relevant to their inquests. It will also provide a structured mechanism to enhance co-operation with a number of bodies dealing with deaths related to the troubles, including the Historical Investigations Unit to be established in Northern Ireland and the Ireland-UK Independent Commission on Information Retrieval, both of which arise from the Stormont House Agreement.
620. Deputy Patrick Costello asked the Minister for Justice the number of Garda CCTV cameras located in each location in tabular form; if all cameras are currently working in full order; and if all Garda CCTV cameras are monitored on a 24/7 basis. [34962/20]
View answerThe Deputy will appreciate that the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána, and I, as Minister, have no direct role in the matter.
I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.
I will write to the Deputy directly with the information requested, when it is available.
List of Sec 38 (3) (a) AGS 2005 Schemes |
Division |
Number of Locations (L) and/or Cameras (C) as recorded on authorisation |
||
List of Sec 38 (3) (a) AGS 2005 Schemes |
Division |
Number of Locations (L) and/or Cameras (C) as recorded on authorisation |
||
1 |
Castlebar |
Castlebar |
24 C |
|
2 |
Ennis |
Clare |
20 L |
20 C |
3 |
Anglesea Street (Cork City) |
Cork City |
30 C |
|
4 |
Hollyhill |
Cork City |
1 L |
4 C |
5 |
Midleton |
Cork North |
12 L |
|
6 |
Fermoy |
Cork North |
11 L |
|
7 |
Macroom |
Cork North |
11 L |
17 C |
8 |
Kinsale |
Cork West |
12 L |
|
9 |
Bantry |
Cork West |
8 C |
|
10 |
Schull |
Cork West |
8 L |
|
11 |
North Inner City |
D.M.R N.C. |
19 L |
19 C |
12 |
Dun Laoghaire |
D.M.R. East |
12 L |
12 C |
13 |
O'Connell Street |
D.M.R. N.C. |
44 L |
|
14 |
Pearse Street (Temple Bar) |
D.M.R. S.C. |
33 L |
|
15 |
Tallaght |
D.M.R. South |
39 L |
|
16 |
Finglas |
D.M.R. West |
22 L |
25 C |
17 |
Clondalkin |
D.M.R. West |
13 L |
14 C |
18 |
Ballyfermot |
D.M.R. West |
18 L |
|
19 |
Galway |
Galway |
18 L |
|
20 |
Tralee |
Kerry |
24 L |
|
21 |
Carlow |
Kilkenny Carlow |
17 L |
23 C |
22 |
Kilkenny |
Kilkenny Carlow |
13 L |
15 C |
23 |
Tullamore |
Laois / Offaly |
14 L |
|
24 |
Portlaoise |
Laois /Offaly |
15 L |
|
25 |
Henry Street Limerick |
Limerick |
32 L |
32 C |
26 |
Dundalk |
Louth |
11 L |
|
27 |
Drogheda |
Louth |
13 L |
13 C |
28 |
Castlebar |
Mayo |
6 L |
8 C |
29 |
Tourmakeady |
Mayo |
2 L |
|
30 |
Westport |
Mayo |
2 L |
|
31 |
Duleek / Donore |
Meath |
6 L |
|
32 |
Sligo |
Sligo |
26 L |
|
33 |
Thurles |
Tipperary |
2 L |
|
34 |
Clonmel |
Tipperary |
14 L |
16 C |
35 |
Waterford City |
Waterford |
49 L |
|
36 |
Tramore Division |
Waterford |
2 L |
|
37 |
Mullingar |
Westmeath |
16 L |
19 C |
38 |
Westmeath Division Athlone |
Westmeath |
25 L |
25 C |
39 |
Bray |
Wicklow |
8 L |
14 C |
40 |
Clonakilty |
Cork West |
43 C |
|
41 |
Crumlin |
DMR South |
5 L |
|
42 |
Killorglin |
Kerry |
1 L |
|
43 |
Kilkenny County Council |
Kilkenny Carlow |
4 L |
|
44 |
Tramore Town |
Waterford |
9 L |
|
45 |
Athlone Town Centre |
Westmeath |
26 C |
|
46 |
Kilrush |
Clare |
1 L |
24 C |
47 |
Cabra |
DMR West |
3 L |
4 C |
621. Deputy Patrick Costello asked the Minister for Justice the Garda stations she has visited as Minister since 1 August 2020; and the date and purpose of each visit to each station in tabular form. [34963/20]
View answerThe Deputy will appreciate, as Minister for Justice, it is often incumbent upon me to visit Garda stations and facilities around the country. Reasons for these can include invitations for meetings, or visits in light of specific events.
The Deputy will appreciate that, in light of Covid-19 and related public health measures, such engagements have been reduced in the recent past. I can inform the Deputy, since 1 August 2020, no such visits have taken place.
622. Deputy Jim O'Callaghan asked the Minister for Justice the number of marked jeeps that came into the Garda fleet in 2018, 2019 and to date in 2020; and the number of marked jeeps that were withdrawn from the fleet during same period in tabular form. [34978/20]
View answerThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed by the Garda authorities that at 5 November 2020 there were 87 4x4 vehicles attached to the Garda fleet. For the Deputy's information, the table below as provided to me by the Garda authorities, sets out the number of 4x4 vehicles allocated and removed from the Garda fleet in 2018, 2019 and up to including 5 November 2020.
4x4 Fleet Allocations |
Marked |
Unmarked |
Total |
05/11/2020 |
4 |
3 |
7 |
31/12/2019 |
8 |
3 |
11 |
31/12/2018 |
18 |
3 |
21 |
4x4 Fleet Removals |
Marked |
Unmarked |
Total |
05/11/2020 |
1 |
0 |
1 |
31/12/2019 |
6 |
3 |
9 |
31/12/2018 |
8 |
6 |
14 |
Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.
623. Deputy Jim O'Callaghan asked the Minister for Justice the number of new Garda motorcycles that came into the fleet in 2019 and to date in 2020; and the number of motorcycles withdrawn from the fleet during same period in tabular form. [34979/20]
View answerThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed by the Garda authorities that as of 31 October 2020, there were 3,086 vehicles attached to the Garda Fleet, including vehicles attached to the national units. For clarity, this figure does not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.
I am informed by the Garda authorities that at 31 October 2020 there were 121 motorcycles attached to the Garda fleet. This is an increase of over 4% since 2019. For the Deputy's information, the table below as provided to me by the Garda authorities, sets out the number of motorcycles allocated and removed from the Garda fleet in 2019 and up to and including 31 October 2020.
Year |
Motorcycles Assigned to Fleet |
Motorcycles Removed from Fleet |
2019 |
0 |
13 |
31 October 2020 |
20 |
15 |
Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.
624. Deputy Jim O'Callaghan asked the Minister for Justice the number of gardaí by rank and Garda staff by job title working in the National Forensic Co-Ordination Office as of 1 November 2020. [34980/20]
View answerThe Deputy will be aware that the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
The National Forensic Co-Ordination Office (NFCO) was established within the Garda National Technical Bureau (GNTB), in February 2015.
The table below, furnished to me by the Garda authorities, shows the current staffing level within the National Forensic Co-Ordination Office (NFCO) as of 1 November 2020.
Rank/Title |
Number of Personnel |
Sergeant |
1 |
Garda |
2 |
Clerical Officer |
4 |
Total |
7 |
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. The significant level of funding provided over recent years is enabling sustained, ongoing recruitment of Garda members and staff. As a result, there are now some 14,600 Garda members and over 3,000 Garda staff nationwide.
Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff. The Budget allocation also provides for an increase in supervisory ranks at Sergeant and Inspector level.
More Garda recruits and more Garda staff means extra members of the service on the frontline and in specialist units battling organised crime groups, supporting victims, and keeping people safe.
625. Deputy Jim O'Callaghan asked the Minister for Justice the Garda divisions within the Dublin region that have a Garda community support van; and if funding has been made available in 2021 for the purchase of additional community support vans. [34981/20]
View answerThe Deputy will be aware that in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. In addition, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed by the Garda authorities that members who are assigned to Community Policing Teams on a full time basis are classed as Community Policing Gardaí.
Community Relations duty refers to regular members who undertake Community Policing as part of their daily operational roles in a blended capacity rather than in a dedicated capacity.
For the Deputy's information the table below sets out the number of vehicles assigned to Community Policing duty and Community Relations duty in the DMR at 5 November 2020.
Community Police Duty |
Cars |
Vans |
Motorbikes |
4 x 4 |
*Others |
Total |
DMR EAST DIVISION |
1 |
0 |
0 |
0 |
0 |
1 |
DMR NORTH DIVISION |
1 |
0 |
0 |
0 |
0 |
1 |
DMR SOUTH DIVISION |
1 |
0 |
0 |
0 |
1 |
2 |
DMR WEST DIVISION |
1 |
0 |
0 |
0 |
0 |
1 |
Total D.M.R. |
4 |
0 |
0 |
0 |
1 |
5 |
Community Relations Duty |
Cars |
Vans |
Motorbikes |
4 x 4 |
*Others |
Total |
DMR EAST DIVISION |
3 |
0 |
0 |
0 |
1 |
4 |
DMR NORTH DIVISION |
3 |
0 |
0 |
0 |
0 |
3 |
DMR NORTH CENTRAL DIVISION |
3 |
0 |
0 |
0 |
1 |
4 |
DMR SOUTH DIVISION |
3 |
0 |
0 |
0 |
0 |
3 |
DMR SOUTH CENTRAL DIVISION |
3 |
0 |
0 |
0 |
1 |
4 |
DMR WEST DIVISION |
3 |
0 |
0 |
0 |
1 |
4 |
Total |
18 |
0 |
0 |
0 |
4 |
22 |
*The category 'others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles
Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. The purchase and allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team. I am informed that the number and type of vehicles that will be purchased in 2021 has not yet been determined.
628. Deputy Christopher O'Sullivan asked the Minister for Justice if Garda vetting for special needs assistants will be brought in line with fast-tracked vetting for teachers; and if she will make a statement on the matter. [35033/20]
View answerAs the Deputy will be aware, vetting applications are an operational matter for An Garda Síochána. Neither I, as Minister, nor my Department have any role in the processing of vetting applications.
I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.
I will write to the Deputy directly with the information requested, when it is available.
630. Deputy Catherine Murphy asked the Minister for Justice the date on which an ombudsman will be appointed to the Office of the Legal Services Ombudsman; and if she will make a statement on the matter. [35191/20]
View answer631. Deputy Catherine Murphy asked the Minister for Justice if she has been provided with quarterly financial reports from the Office of the Legal Services Ombudsman for the year to date in 2020. [35192/20]
View answer632. Deputy Catherine Murphy asked the Minister for Justice the amount granted to the Office of the Legal Services Ombudsman from organisations (details supplied) in 2019 and to date in 2020. [35193/20]
View answerI propose to take Questions Nos. 630, 631 and 632 together.
The Legal Services Ombudsman Act 2009, allowed for the establishment of an Office of a Legal Services Ombudsman. The Legal Services Ombudsman was to have been an appeal body for clients of solicitors and barristers who were dissatisfied with the decisions taken by the Law Society or Bar Council on clients’ complaints of inadequate services, excessive fees and/or misconduct.
However, the Legal Services Ombudsman Act 2009 was never commenced and was repealed by Section 5 of the Legal Services Regulatory Act 2015. The Legal Services Regulatory Authority (LSRA) became substantially operational following the commencement of Part 6 of the 2015 Act with effect from 7 October 2019.
Part 6 of the Act provides for the introduction of an independent complaints and professional conduct regime for legal practitioners. It also provides for the informal resolution of disputes where this is possible. Members of the public may now make complaints about alleged professional misconduct by legal practitioners to the LSRA.
Section 13(1) of the 2015 Act also states, inter alia, “that the Authority shall regulate the provision of legal services by legal practitioners”. Section 13 (4) states “the Authority shall, in performing its functions of the regulation of the provision of legal services under this Act, have regard to the objectives of—
(a) protecting and promoting the public interest,
(b) supporting the proper and effective administration of justice,
(c) protecting and promoting the interests of consumers relating to the provision of legal services,
(d) promoting competition in the provision of legal services in the State,
(e) encouraging an independent, strong and effective legal profession, and
(f) promoting and maintaining adherence to the professional principles specified in subsection (5).”
The 2015 Act also provides for a new and enhanced legal costs regime bringing greater transparency to how legal costs are charged by legal practitioners. The Office of the Legal Costs Adjudicator (OLCA) replaced the Office of the Taxing Master with effect from 7 October 2019. In addition to the previous powers of the Taxing Masters, the OLCA deals with disputes on legal costs between parties involved in litigation in the Superior Courts and other matters, such as disputes relating to costs between a legal practitioner and their client.
A new and independent Legal Practitioners’ Disciplinary Tribunal is also being established and will deal with those serious matters of alleged misconduct by lawyers referred to it by the Legal Services Regulatory Authority.
Further details can be found in the Annual Reports of the LSRA and its Annual Accounts which have been laid before the Houses under the relevant terms of the 2015 Act and in the Authority’s various other publications which can also be found on its website www.lsra.ie.