Dáil Éireann Debate, Wednesday - 6 June 2012
708 Deputy Patrick O’Donovan asked the Minister for Justice and Equality the position regarding a matter (details supplied); the timeframe for when it will be introduced; and if he will make a statement on the matter. [27178/12]
Amharc ar fhreagraThe matters to which the Deputy refers are covered by the Government's proposals introduced in the Legal Services Regulation Bill 2011 which deals with the reform of the legal sector and of legal costs. The Bill completed Second Stage in the Dáil on 23 February and I very much appreciate the considered contribution made by Deputy O'Donovan to the Second Stage debate in support of the Bill's reform agenda.
That agenda is laid out in the Government's commitment under the Programme for National Recovery 2011-2011 to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". The Legal Services Regulation Bill provides the statutory framework for meeting all of these commitments. By the same token, the Bill supports the urgent objectives of structural reform, national competitiveness and economic recovery contained in the EU/IMF/ECB Memorandum of Understanding while taking account of the relevant recommendations for reform made by the Legal Costs Working Group and by the Competition Authority.
The Legal Services Regulation Bill has 3 pillars of reform—
a new, independent, Legal Services Regulatory Authority with responsibility for oversight of both solicitors and barristers supported by appropriate statutory powers and objectives. The Authority will have a lay majority and a lay chair;
an independent complaints system to deal with complaints about professional misconduct. This will provide a first port of call for the public independent of the professional bodies. There will also be an independent Legal Practitioners' Disciplinary Tribunal to deal with both professions which will be independent of both the new Regulatory Authority and the professional bodies. In response to the Deputy's query I can confirm that Section 2 of the Bill, as it currently stands, defines an admissible complaint as a complaint which is received by the Authority not later than 3 years after the occurrence of the act or omission which it is alleged constitutes misconduct — unless, for example, it relates to fraud or dishonesty by a legal practitioner;
an Office of the Legal Costs Adjudicator that will assume the role of the existing Office of the Taxing-Master which will be conferred with enhanced transparency in its functions. The determination of disputed legal costs by the Adjudicator is being bolstered by new Legal Costs Principles, the publication of the Adjudicator's decisions and the issue of legal costs guidelines.
In my comprehensive statement to the Annual Conference of the Law Society on the 14 of April I have elaborated on the scope of the amendments to the Bill that are under consideration. The full text of the statement is available on the Department website,www.justice.ie, for ease of reference. This approach to the development of the Bill reflects the substantial progress already made in realising the desired balance between the Government’s stated policy objective of independent regulation and the independence of the legal professions to the benefit of all concerned. Work on the details of the proposed amendments to the Bill is ongoing at my Department including in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and the amendments will be made available in advance of Committee Stage along with the relevant Regulatory Impact Analysis. It remains my objective, notwithstanding the competing legislative demands of our EU/IMF/ECB Programme commitments, that Committee Stage of the Legal Services Regulation Bill should commence as soon as possible after the summer recess so that the Bill can be given the necessary consideration by Members and thereafter brought to Final Stage for timely enactment and implementation.
