Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I appreciate Deputy Shanahan's amendment. I also appreciate both Deputies remarks on the work we did on this.

Deputy Shanahan's amendment is based on the provisions contained within the Legal Services Regulation Act 2015. The PIAB was established in 2004 and has been making assessments for more than 18 years. The legislation under which it was established has been reviewed several times since enactment. We have had amending legislation twice since I entered this House, in 2007 and, most recently, in 2019. The legislation has not been static. It has been reviewed even without a formal review clause.

The Bill is the result of a thorough examination of the legislation and the operation of the board. It included extensive engagement with stakeholders. While I was not the Minister of State at the time - Deputy Troy was - the pre-legislative scrutiny was especially helpful. It has led us to introduce this new function for the board through mediation. We all agree that a review of these new powers of mediation is appropriate. I am concerned that a statutory requirement for a constant rolling review of the legislation, which is what is envisaged in Deputy Shanahan's amendment, will result in a certain element of paralysis within the system in which there are constant reviews and people are constantly preparing for or responding to a review. I wish to see whether the mediation will work. I wish that the mediation be given the space to work and that the PIRB be given the time and space to make mediation work. We all hope that mediation will result in a much better outcome for those going into it. I wish that the board be given that.

The statutory provisions with regard to the Legal Services Regulatory Authority require the body to review itself and the operation of its own Act and make recommendations to the Minister, having done the review. The amendment I have tabled on behalf of the Government proposes that the Minister of the day will undertake the review rather than having the PIRB reviewing itself. The Minister of the day is answerable to the House. I do not know who will be here, but he or she will be more answerable to the House than the PIRB.

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