Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

It is clear from what I have said already that the codes of practice in place at present will continue. However, given that we are introducing a new independent regulatory authority and given the functions the new authority will have, it is also clear that the new authority will have a function in respect of codes of practice. I think I have spelled that out. If an area of major concern and disagreement arose between the regulatory authority and the bodies there is recourse, at the end of the day, to the High Court on both sides. Effectively, this is a recognition that we will have an independent authority. One would expect in the context of the power that is being given to and the remit of the new independent regulatory authority that it would have a role in respect of codes of practice. It has been accepted that within a month of the authority being established the codes of practice will be given to the authority and they will continue.

Of course as the work of the legal authority carries on it will make its views known if certain issues arise, for example, in respect of standards or other issues. I believe I spelled this out when I spoke earlier. Likewise, one can assume that there will be changes over time in the codes of practice of the Bar Council and the solicitors' body. Of course they are perfectly free to continue to develop their codes of practice. The section points out that there is a role for the regulatory authority. It is carefully dealt with and is in no way arbitrary. It provides for a situation where the regulatory authority might have a concern or wish to have further discussions in respect of some aspect that may emerge about which there could be a concern.

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