Mattie McGrath (Tipperary South, Independent)

I am pleased to have the opportunity to comment on the Bill's proposals. I welcome the Minister and I thank his officials for the briefing they afforded the different groups, including the Technical Group. He stated:

The Programme for Government undertakes to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". The Legal Services Regulation Bill 2011, presented to the House on 10 October, provides the statutory framework for delivering these commitments. As things stand, these matters are either not legislated for at all or entombed in a labyrinth of legislation, regulations, rules of court and practice directions that are not only outdated but of great mystery to practitioners and clients alike.

I am glad the Minister has been enlightened in this regard because he is a practitioner of some renown for a long number of years and he has much more experience than I have to comment on this area. There is mystique around the legal profession and the courts system whether one is renewing a licence or has been charged with an offence. It can be a daunting experience. The courts system is a little outdated and "a great mystery to practitioners and clients alike".

The Bill is intended to reduce legal costs and make the system more transparent and independent. Above all, it must be independent. The Minister is more aware of legal costs than me but I have been at the other end of the system a few times. The legal system is exclusive and expensive and some people cannot afford to avail of it. The free legal aid system is clogged up and there are major delays, although there have been many abuses of that system, which should also be examined.

The Minister also stated, "The Bill supports the urgent objectives of structural reform, national competitiveness and economic recovery contained in the EU-IMF-ECB memorandum of understanding on specific economic policy conditionality...". I do not know whether any document can be printed now without mentioning these three bodies. We cannot go to sleep without thinking about them. They are in the back of our minds all the time.

We were also briefed by the legal services and the Bar Council and they are genuinely concerned about this legislation and not for selfish reasons. The Government made a point of getting rid of quangos but as soon as the Taoiseach has started abolishing them, the Minister is setting up two or three under this Bill, if not more. I am worried about all the appointments. There are 16 members on one body and 11 on another. I know it is Christmas but the Minister will be playing Santa Claus to a lot of people. How will costs be reduced and reformed if all these appointments are made by the Minister? The quango train is still running well. Perhaps it is an electric train that does not go as fast. That industry still continues to flourish in spite of commitments in the programme for Government and many promises that lots of quangos would be abolished.

The legal services regulatory authority will comprise 11 members appointed by the Government. It will have a chief executive officer but we have no idea what cap will be on his or her salary. If somebody is not happy with the salary, will he be able to return to the Minister for Finance and have it increased?

The authority will have a significant staff, the details on which have not been disclosed by the Minister or his Department, as it is intended that it will take on regulatory functions of the Law Society and Bar Council in respect of all solicitors and barristers in the State. That is a big job. While there are to be many staff, we have no idea how many. There are 470,000 people unemployed and the Minister is making a great effort to reduce the number. Will any college graduates, young men and women who have spent a fortune on legal training, have a chance to have their talents used and to be employed?

The complaints committee will consist of up to 16 members who will be appointed by the authority with the approval of the Minister. They are to be appointed by the Minister. We all know how the system works; it works by a wink and a nod. This practice is occurring again and the system is not transparent or independent by any stretch of the imagination.

The legal practitioners disciplinary tribunal is to consist of up to 16 members, again appointed by the Government on the nomination of the Minister. The Minister will be telephoning a lot of friends over Christmas and the new year to determine how many he can find to oblige him. He appointed one already during the week, but there are many more. Like Santa Claus, the State car will be busy this Christmas driving around to all these clients.

The document implies at least three of the bodies to be established under the Bill will have up to 43 appointed members. God almighty, it is like the rugby panel going out to play rugby. A panel of 43 is a fine panel. In the case of the legal services regulatory authority, there is to be a chief executive and a substantial staff. This is a growth industry. There is no growth in the economy but the Minister is certainly growing it with whatever kind of stimulation he is using. He is showing leadership and saying he will create jobs, but they are jobs for the boys and girls. It stinks.

See this speech in context