Dáil Éireann Debate, Thursday - 14 February 2013
278. Deputy Michael Conaghan asked the Minister for Justice and Equality if the proposed Legal Services Regulation Bill will include provisions regarding the position of legal executives and their rights; and if he will make a statement on the matter. [7989/13]
Amharc ar fhreagraThe situation in relation to this matter remains as set out in my Written Reply to Questions No. 152 and 154 of 30 January 2013 which I will, therefore, reiterate on this occasion.
The Legal Services Regulation Bill 2011 has completed Second Stage in the Dáil and is awaiting Committee Stage. The Bill does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged.
It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes beyond those measures to be introduced under the Legal Services Regulation Bill.
It is evident that the proposals being made by the Irish Institute of Legal Executives Ltd, on behalf of its members, are far-reaching from the fact that they relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011.
While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives", the far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such matters will, therefore, need to be considered separately on their own merits, while others may come to be considered in due course by the new Legal Services Regulatory Authority
