Dáil debates

Wednesday, 3 October 2007

11:00 am

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

There are several reports that have moved on. The OECD report on regulatory reform of professions suggested that competition in the professional services sector could be stronger. In response to this, the Competition Authority commenced a study of selected professionals, including engineers, architects, solicitors, barristers, veterinary surgeons, dentists, optometrists and medical practitioners. The strategy of the Competition Authority was to release a preliminary report for each profession containing initial proposals for improving competition, having a consultation period and moving to the next stage. They have completed all of those reports except those for veterinary surgeons and medical practitioners. Some of those have moved on.

A significant part of the report on reform of the legal profession was taken into the Civil Law (Miscellaneous Provisions) Bill 2006, Part 2 of which provides for the establishment on a statutory basis of a legal service ombudsman to provide independent statute based supervision of the companies schemes of solicitors and barristers. That Bill is before the House. It is important because it will provide a form of review of legal services for customers who are dissatisfied with the outcome of a complaint made to either the Law Society or the Bar Council. It will also oversee the complaints procedures of the Law Society and Bar Council by examining a random selection of complaint files each year. It will oversee admission to the legal profession, particularly in regard to the adequacy of the numbers admitted.

We also decided to establish the legal costs implementation advisory group to examine that issue. That group's report has three main strands. It recommends the replacement of the existing taxation of costs system with a new regulatory assessment regime; calls for significant improvements to the quality and quantity of information that a solicitor is required to provide to clients and the manner in which it is supplied; and recommends several legislative and procedural changes to reduce delays in court hearings and generally expedite the legal process. It is intended that the regulation will introduce more certainty into the area of legal costs in civil litigation and provide a simple and more transparent system of determining costs where disputes arise.

That report was published last March. It was indicated at the time that the group drafting the legislation had commenced work. When those two Bills, the one before the House and the one being drafted, are passed they will significantly improve the whole legal area, both in respect of the ombudsman and the costs. I am not sure where the second Bill is but the first is before the House and will hopefully be enacted this year.

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