Dominic Hannigan (Meath East, Labour)

I thank Deputy Farrell for sharing his time with me. I welcome an opportunity to speak on the Bill. Reforming a system as old as the legal system is a great chance to change the status quo. These reforms are necessary in order that we can continue to have a criminal justice system in which the people can believe. There is a perception in the country that the system only works if one has money. This perception comes from people who are waiting on legal aid but have to wait up to 11 months for their first meeting with a solicitor. It comes from people who do not understand the legal maze when they are sent from process to process or go to court for cases which takes years to reach a verdict. We need a justice system in which people can believe and the Bill will help to build this faith.

It is also important that these reforms make access to the criminal justice system simpler and cheaper for the majority of people. I welcome the changes in the Bill that will force members of the profession to provide information upfront on the full amount of the costs it will take to go through with cases. This will mean people will not have to fear an endless number of bills dropping in their letter boxes during and after their cases. It should also reduce costs as people shop around and go to various providers and practices to find one offering the best costs and value. I also hope it will have a positive impact on the State's legal bill as its legal costs reduce in line with these new costs.

We discussed the Bill at a recent meeting of the Brú na Bóinne branch in the Prayer Centre in Duleek several weeks ago. One of the key issues we discussed was the proposed board structure of the legal services authority. I agree with the Minister that there needs to be an independent authority at the top of the legal profession. People need to trust the profession is being regulated in a fair and balanced manner. However, the authority also needs to be trusted by the legal profession itself. I met representatives of the Bar Council on this issue and I agree with them on the concerns they have raised. Like them, I have concerns about the independence of the board if the Minister has direct control over the appointment of a majority of it. It undermines the principle of an independent board. The Minister should not have this level of control over who is appointed to be a member. This does not happen on other boards. For instance, the board members of the Medical Council are appointed by the Minister for Health but they are not selected by him, so the board is independent of the Minister and has the trust of the profession it is regulating. I ask the Minister to re-examine this provision and to continue his discussions with the Bar Council and the Law Society in order they can find a solution that works for everyone.

Another issue which arose with regard to the Bill was the lack of a regulatory impact assessment. I understand the Bill was published in October, which is almost 5 months ago. It was published to meet a target in the memorandum of understanding. It is now February and we still have not had a regulatory impact assessment. This is not good enough. The Bar Council is preparing a regulatory impact assessment, and it would be embarrassing if the Bar Council releases its regulatory impact assessment before we do. I urge the Minister to release the assessment as soon as possible to ensure it is there for everyone to read and so that people see the benefits of the Bill and why we are committed to the reform which will come as a result of it being implemented.

I welcome the Bill and the changes it will bring to the legal profession. I am very hopeful it will lead to a reduction in costs for people and for the Government. I also hope it will make the justice system more accessible to a larger number of people.

See this speech in context