Fergus O'Dowd
Ceist:9 Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the reason for the delay in appointing the Legal Services Ombudsman; and if he will make a statement on the matter. [5748/10]
Amharc ar fhreagraThursday, 4 February 2010
Ceisteanna (9, 10)
Brian O'Shea
Ceist:54 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when he will appoint a Legal Services Ombudsman; and if he will make a statement on the matter. [5600/10]
Amharc ar fhreagraFreagraí ó Béal (30 píosaí cainte)
I propose to take Questions Nos. 9 and 54 together.
As a preliminary to appointment by the Government of the Legal Services Ombudsman in accordance with section 5 of the Legal Services Ombudsman Act 2009, my Department is in dialogue with the Department of Finance on the details of the arrangements for the appointment of the ombudsman and the establishment of his or her office. My Department also continues to be in consultation with the Bar Council and the Law Society who will be responsible for funding of the office.
The Act of 2009 specifies certain policies and principles in regard to the levy to be paid by the Bar Council and the Law Society to cover the approved expenses of the ombudsman. My Department is considering the form the regulations should take for the purposes of the Act. Consultation between my Department and relevant interests on the making of such regulations is also a necessary feature of that process. It is important that the office be established on the most effective cost basis.
I hope to be in a position soon to announce the details of the arrangements for the appointment of the ombudsman and the establishment of the office, subject to securing early agreement with the parties mentioned above.
The Minister will be aware of the fact that it is some months now since the appropriate legislation passed through both Houses of the Oireachtas. It was my expectation and that of the members of the public who have an interest in the matter that the appointment would have taken place smartly. What is the reason for the delay? I cannot understand how it could take almost a year to conclude the matter. It should be a relatively straightforward endeavour having regard to the planning that was undertaken. It was my assumption that in accordance with the legislation significant planning was undertaken by the Department and that once the legislation was passed it would be implemented. The situation is all the more important given the high number of complaints against members of the legal profession that are being made on a regular basis, especially in regard to property transactions that might have unravelled in the context of the change in valuations of property and people wishing to disengage from property deals, the consequences of which are all too stark for themselves and their finances.
Go raibh maith agat.
This is an urgent matter. I ask the Minister to proceed with this appointment as quickly as possible.
I call an tAire.
There was an expectation——
The Deputy should please allow the Minister to reply.
——that an early appointment would be made.
I call an tAire.
The legislation was in the pipeline for many years.
Please, Deputy.
We were assured the commencement order would issue——
I wish to allow the Minister to answer the question.
——and that the ombudsman would be appointed.
To avoid asking a question, I agree with the sentiments expressed by Deputy Flanagan and I look forward to the Minister's reply.
Lest it would go out from this House that there is not a very sophisticated paraphernalia of legislation in place on the investigation of complaints against solicitors and barristers, there is, since the Solicitors Act 1954, and there have been many legislative changes, including in 2008 whereby complaints can be made against the legal profession.
This was to herald a new era.
We have the independent Solicitors Disciplinary Tribunal and cases can be referred to the High Court.
That is all well known.
It is apparent from the media in recent times that a significant number of such cases have been brought to court. A significant body of work is required to set up the Legal Services Ombudsman's office under the legislation. As the Deputy is aware, section 19 of the Act specifies that the costs do not accrue to the Exchequer, but come from both branches of the legal profession. At the same time we have to be sure that the running costs are reasonably efficient and cost effective. We also have to liaise with the Department of Finance on the type of arrangements vis-à-vis remuneration, but also in regard to the appointment. As far as I am concerned, and as I indicated to my office, under the legislation the appointment cannot be someone from either profession, which means that the appointment will be an open and transparent arrangement——
Not at all. The Minister is burning oil.
——whereby people can apply and ultimately the Government will have to make a decision on it.
Does Deputy Flanagan wish to ask a supplementary question?
In fairness, the Ceann Comhairle was very anxious to curtail the questioning on this issue.
No, I was not.
He tells me that he has no latitude——
The Deputy is allowed one minute for a supplementary question. I allowed him two and a half minutes. There are normally six minutes in total for a question. There is additional time for this and, therefore, there is plenty of time to ask supplementary questions. I will let the Deputy in again.
I hope we get to Question No. 10. Perhaps there will be injury time.
When will the appointment be made?
As soon as possible.