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

On Committee Stage, the Bill was amended to provide in detail for a fair and equitable calculation and payment of a levy on legal practitioners in order to fund the operational expenses of both the legal services regulatory authority and the legal practitioners disciplinary tribunal. The new levy provisions reflect a broadening of the traditional model of the provision of legal services by the inclusion of three categories of practising legal practitioners. The Law Society will be responsible for paying to the authority the levy amount on behalf of solicitors, as I have said, and the Bar Council will be responsible for paying the levy on behalf of its members. Those barristers who are not members of the Law Library will be individually responsible for paying the levy directly to the authority. These expenses shall be divided equitably between the three categories of legal practitioners, with some stated exceptions. I need not go over the calculation ratio that has been arrived at, as I think it has been accepted. The expenses incurred by the authority in fulfilling its non-compliance related functions will be apportioned pro ratabetween the three groups. I believe the authority will have sufficient power to compel payment of the levy by the relevant persons within a reasonable three month framework. Failure to pay the levy may result in an individual legal practitioner being prevented from providing legal services or may result in the authority suing the Law Society or the Bar Council until payment is made. The initial set-up costs for the new bodies will be paid by the Exchequer on a recoupable basis, via the levy, and €500,000 has been set aside for that purpose under the justice Vote for this year.

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