Dáil debates

Thursday, 9 February 2012

Legal Services Regulation Bill 2011: Second Stage (Resumed)

 

12:00 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)

I thank the Chair for giving me the opportunity to contribute to this debate. I welcome the Bill and acknowledge that the legal costs working group and the Competition Authority have been advocating for a Bill such as this for a number of years. I have a personal interest in consumer rights and the Bill will be positive for consumers of legal services in Ireland. I note some concerns have been expressed by the Law Society of Ireland and the Bar Council of Ireland, many of which have been articulated. I note further that concerns regarding multidisciplinary practices have been raised. In addition, the potential impact on rural solicitors and barristers and the question of whether the proposed authority will be sufficiently independent also have been raised. The approach adopted by the Minister has been to listen to everyone involved in the debate. I sincerely hope he will take on board the opinions expressed to assure the best possible outcome is arrived at. However, the current proposals strike the balance that needs to struck between the profession and consumers. It is welcome that some of the organisations have moved position from the initial stages of the debate. I note the Law Society of Ireland welcomes the Bill and has acknowledged the need for independent regulation.

The proposed legal services regulatory authority will be a key feature in this regard because it is evident from other walks of life that self-regulation and internal disciplinary procedures do not work because they are not public. It will be important to have a good balance in the composition of the board authority, as this will give confidence to those concerned in the profession. The board's make-up should include members of the Law Society of Ireland and the Bar Council of Ireland, as well as consumer advocates, representatives of the council of the free legal aid centres and other such individuals drawn from different walks of life. If the correct balance can be achieved in this regard, it will address these concerns. When setting up the authority, the Minister should consider allowing it to introduce its code of practice without requiring consent from him, as this is another matter about which concerns have been expressed.

I noted with interest the point Deputy Mick Wallace made about the Judiciary. Judges are appointed by the Government and one must have confidence that they are independent. While I was uncertain what the Deputy was suggesting, as a citizen I am certainly confident that judges are independent. Moreover, given the existing example of the Judiciary's independence, I am confident that on its establishment, the legal services regulatory authority also will act independently of the Government and not be something that will be used by a Minister.

I will not dwell too long on this subject but reiterate that I welcome the Bill. It will be positive for consumers and provide young people who wish to enter the profession a better opportunity. Moreover, for those already in the profession, better opportunities will arise from the Bill's introduction. Those who seek to have an input into this process should take their opportunities to so do. This is their chance as the approach to date has been highly inclusive. All those who wish to contribute will be listened to. I look forward to studying the amendments the Minister will table on foot of this debate.

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