As I set out in my answer to Question No. 164 of 26th March 2015 and will reiterate now, the European Commission has expressed a concern that Ireland's current legal services advertising regime may be in breach of Article 24 of Directive 2006/123/EC ('the Services Directive'). In general terms, while the Directive permits certain restrictions on legal services advertising that are informed by the public interest, the Commission has found that some of the current restrictions being applied in this jurisdiction may be disproportionate. A letter of Formal Notice to that effect issued in October 2014.
My Department is engaged in ongoing correspondence and consultations with the Commission with a view to finding an appropriate balance between the exigencies of the Services Directive and those of Government policy including as part of the ongoing reform of the legal services sector. It is, therefore, anticipated that advertising provisions meeting those concerns arising in relation to the Services Directive will be put forward by way of amendment to the Legal Services Regulation Bill when it comes before the Seanad.
Section 151 of the Bill enables the new Legal Services Regulatory Authority to make regulations in relation to the advertising of legal services by solicitors and barristers. Detailed work on the revised advertising provisions continues on this basis at my Department in consultation with the Commission and with the assistance of the Offices of the Attorney General and Parliamentary Counsel. In light of these developments I am confident that this matter can be satisfactorily resolved.
While I understand that there may be ongoing litigation, to which I am not a party, in respect of legal services advertising as currently regulated by the Law Society under the Solicitors Acts, it would be inappropriate for me to comment on such proceedings or on their potential outcome.
The Legal Services Regulation Bill is due to resume Dáil Report Stage on 21st April 2015.
