Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I do not think the Deputy is talking about the codes of practice; the issue he is raising is a matter of some concern and relates to the staff within the Law Society who deal with complaints and allegations of misconduct by solicitors and what their position will be. Ultimately, the legal service regulatory authority will deal with allegations of misconduct. As the Deputy will note from the amendments tabled, we are also making extensive provision for consumer complaints to be dealt with in a mediated fashion, without the necessity to invoke the full disciplinary panoply of the legislation in circumstances where there are no allegations of misconduct but what could be described as a consumer complaint. We are giving thought to and have been engaged in discussions with the Law Society on the position of its staff. I understand approximately 16 members of staff will be affected by the changes, but I do want to go into all of the issues publicly. I am genuinely interested in the views of members of the committee on this issue and invite their comments. It is very important that this body, when established, be seen to operate independently of the legal professions. The purpose of providing for a legal services regulatory authority is to ensure, among its variety of functions, disciplinary issues and allegations of misconduct made against members of the legal profession will be dealt with by a body not connected directly with the professional bodies which represent either branch of the profession. It is to be a body that is clearly independent of the branches of the profession and to be perceived to be independent by the public. The difficulty is that despite much of the good work done by both professional bodies, there is still public doubt about the independence of the process. I am very conscious that both bodies assert that where there are allegations of misconduct, they investigate them independently and properly. I know, for example, that the Law Society could point to cases taken by it which resulted in members of the legal profession being struck off. We are now trying to establish a body about which there can be no perception other than that it will be independent.

There are two particular issues relating to staff within the Law Society. They clearly have substantial expertise in this area-----