Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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8. To ask the Tánaiste and Minister for Justice and Equality the date on which he expects the Legal Services Regulatory Authority to be fully operational; and when it will be regulating the legal profession. [44211/17]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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In July 2016 the Minister's predecessor, now Tánaiste and Minister for Business, Enterprise and Innovation, Deputy Frances Fitzgerald, signed the commencement order to begin the operation of the Legal Services Regulatory Authority and a chairperson and a board were put in place. Some 15 months later, the authority is not operational to hear complaints from the public about members of the legal profession. When will the authority be operational in order that members of the public can make complaints?

Charles Flanagan (Laois, Fine Gael)
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The Deputy will appreciate that the Legal Services Regulatory Authority is an independent statutory body and that I, as Minister, do not have a role in its day to day operations. That independence has been purposefully conferred on the authority by the Legal Services Regulation Act 2015. I will seek to respect the independence of the body in the reply to the matter raised by the Deputy.

The setting-up of the authority has been under way since July 2016. At the time Parts 1 and 2 of the Act were commenced as necessary to have the new authority appointed and get it under way. It has convened regularly since its inaugural meeting on 26 October last year. Minutes of all its meetings are available on its website at www.lsra.ie.

In tandem with the ongoing and essential work leading to the authority starting its key complaints and regulatory functions, the authority has been deeply engaged in the conduct of public consultations and the making of five reports on a series of structural reform issues under sections 118 to 120, inclusive, of the Act which were also commenced. It has been obliged to complete these reports within strictly set deadlines running from its day of establishment on 1 October 2016.

Having delivered on this substantive programme of consultations and reports, the current working focus is very much on the managed roll-out of the authority's remaining functions. They include the matching development of its organisational capacities and office and staffing resources which are essential, as the Deputy will agree, to effective delivery. Following these steps, the key structural reforms of Part 6 of the 2015 Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners Disciplinary Tribunal dealing with both solicitors and barristers will be commenced.

In a key development, the authority has recently completed its public recruitment of a full-time chief executive, Dr. Brian Doherty, who took office in mid-September. Having operated a modest executive office, it has recently secured larger office premises in support of the coming into operation of its respective functions. Matters are ongoing with a view to having the authority reach full capacity at the earliest opportunity.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I fully appreciate the fact that the Legal Services Regulatory Authority is an independent statutory body, but that does not mean that questions cannot be asked of the Minister and that he cannot provide the answers for the House. It is difficult for Deputies to get answers unless we table questions to the Minister, being the appropriate Minister. In the case of An Garda Síochána we were perfectly within our rights to ask questions, notwithstanding the fact that the Garda was also independent in carrying out its functions and operational duties. The reason I ask this question is that there is a certain degree of public disquiet about the fact that the authority was established, as I stated, 15 months ago. It is the case, it has to be said, that members of the legal profession are being regulated using the old method used prior to the passage of the Act, but it is a cause of disquiet among members of the public that the new body which promises so much and which was greeted with such fanfare is not up and running. It is regrettable that it is not up and running 15 months after it was identified that it had been commenced. I asked a question about this in February and the answer I received was that the then Minister hoped it would be in substantive regulatory mode later this year. The Minister is not responsible for this, but he has to be able to tell members of the public when the body will be up and running in order that they can make complaints.

Charles Flanagan (Laois, Fine Gael)
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As far as the provision of Government resources is concerned, an allocation of €1 million was made from the justice Vote for 2016 to provide support for the new authority. That allocation is in the course of being drawn down. A similar amount has been set aside this year in the justice Vote and any funding advanced from the allocation will strictly be on a recuperable basis. The Deputy will be pleased to learn that the authority is working on several projects that will assist in identifying the staffing needs and resources required to allow it to support the ongoing roll-out of its functions to a structured and achievable timetable. I had the opportunity shortly after my appointment as Minister to meet the chairperson. I will be meeting the chairperson and members of the authority again before the middle of November to further discuss the authority's medium to long-term plans. I have written to the authority to emphasise the importance I attach, as Minister for Justice and Equality, to the objective of getting it to open for business, in terms of the public complaints function, as quickly as possible, while also bearing in mind the risks and complexities which must be carefully managed in order to bring this about.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I still do not know the answer to my question. I still do not know when the Legal Services Regulatory Authority will be operational. I note that there are very important provisions in the Act. Part 6 will set out the new regulatory regime and the basis on which complaints can be made by members of the public. I do not know when it is going to be up and running, but members of the public should be informed about it. They have not been given any information by the Minister in his reply today. It is very important, from the point of view of the legal profession, as well as the public, that this body be up and running promptly. The impression may be spreading abroad that the legal profession is not regulated. The Minister knows that that is not the case, as do I. However, the public may not believe it to be the case when they see that a new regulatory body has been established but is not up and running. I appeal to the Minister not to adopt a passive approach to this statutory body. It is one of the many quangos that has been set up by the Government. I urge him to get out and ask the authority to become operational as soon as possible in order that members of the public can be assured that they are protected and that the legal profession is being regulated by an independent statutory body.

Charles Flanagan (Laois, Fine Gael)
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Far from adopting a passive approach, I assure the Deputy and the House that both my Department and I continue to actively engage and work closely with the authority to enable it to enter substantive regulatory mode at the earliest opportunity, with appropriate staffing levels and project management. The authority, in turn, is working to progress, in conjunction with my Department, the identification of and elaboration on the more specific delivery dates concerned. I expect these to apply to the respective functions involved during the remainder of the year and into the early part of 2018. I do not wish to pre-empt the authority's independent planning and the completion of its commencement programme, but I do expect the relevant details to become available very soon. If there are members of the public who have a concern, as outlined to the House by the Deputy, about the public workings of the authority to date, I remind the public through the Deputy that information is available on the authority's website atwww.lsra.ie.