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

I thank Deputies for their contributions. I repeat that there are a number of critical elements within in the provisions I am proposing in the form of codes. I want to make the point again about balance. We are discussing the role of the new independent regulatory authority in regard to the professions. What I am proposing in order to achieve the type of balance about which Deputies are speaking is that, for example, there will be redress to the High Court for people affected. It is important that this be included as a provision.

There is a consultation process on codes. The codes that the Bar Council and solicitors have will continue, but the codes of the new statutory body take precedence, and that is essential. If we are serious about independent regulation and a regulatory authority, that precedence must be there, and it is there. There is a system of High Court redress if it needs to be used. I put it to the Opposition that I do not see this balance in its amendments, and I would question that because its amendments seem to be predicated on self-regulation and maintaining the status quo.In the amendments I put forward today there are powers for the authority and a balance that respects the integrity of the professional groups, the importance of their role in Irish society and the importance of the work they do, but also give strength and empowerment to the new independent legal authority, which is essential. The balance that has been described in the amendments does that, and that is what we want to achieve today. We are establishing a new independent regulatory authority, and that authority must have powers. Those powers must respect the integrity, the standards and the professional codes that are in place already and that will be developed, but the new authority must take precedence.

I want to make it clear also that public interest is what we are talking about here. That is critical. It is about the public interest. Deputies on all sides of the House are aware of that, as I am. It is also about the effectiveness and efficiency of regulatory oversight of the legal professions, and that is the dominant theme of this legislation. Those are the themes I fully intend to see through to the enactment of the Bill. Any consultations that will continue over the next few weeks and months before final enactment are merely to carry through to a final and fair conclusion the consultations that have already commenced. I certainly will continue those. The Bill has gained from the consultations that have already taken place, which have been substantial, as was pointed out by the former Minister. There have been many discussions and changes on Committee Stage. Opposition Deputies made many points and they will note from the amendment I brought forward today on the role of the Minister, which was a critical and key discussion, that substantial changes have been made in the amendment to ensure the independence of the new legal regulatory authority. That independence is clearly very important. The balance that is struck in the amendment in regard to the codes of practice is the right one. Deputy Mac Lochlainn has asked me to reconsider it. I repeat that I believe the balance in the amendments today is the right one. We are not in an era of self-regulation but an era in which we are establishing this new independent body, which must have the appropriate powers. As I have said, I do not believe the amendment the Deputy has put forward recognises that we are beyond that era of self-regulation.

The Government amendment recognises that balance. If there is to be a new regulatory authority, clearly it must, as set out in the title, have authority and powers that will make a difference in the public interest. This is what we are striving to achieve by way of these amendments and this discussion. I hope there is clarity following this discussion in regard to the role of the independent legal authority with regard to codes of practice and the ongoing work of the relevant legal professions on their own codes of practice. The amendments set out clearly that where a disagreement or an issue arises in regard to standards or if there is ambiguity and the legal authority feels it necessary to intervene, it has the authority to do so. There is still in place a mechanism such that where disagreement arises there is recourse to the High Court. I believe the Government amendment seeks to put in place the right variety of balances.

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