Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

It is a privilege to be in the House today. I apologise on behalf of the Minister for Justice and Equality, who was unavoidably absent for some of the contributions. This legislation, which has been moving through the Houses for a long number of years, represents the fulfilment of one of the country-specific recommendations that we have inherited and that we continue to work towards. Given the importance of the Bill, it is essential that proper time be given to the issues that remain to be agreed. The Minister, Deputy Fitzgerald, is categoric in stating that many, if not all, of the issues highlighted by Senators will be given further consideration on Committee Stage. Senator Bacik pointed out that the Minister will continue to take amendments on Committee Stage. I will not dwell in great detail on all the points raised, but I assure Senators that the Minister has assured me that the required time will be given.

As Senator Noone said, this Bill will touch all facets of Irish life, whether urban or rural. I refer to a specific point with regard to costs, efficiencies and savings. I am informed that there is limited data in that regard, but it will be forwarded to Senators. On the broader question of e-filing, the Minister is currently considering amendments for Committee Stage. With regard to the request for data, I am unsure if absolute cost-benefit analysis has been conducted, but any information will be provided and the matter may be raised on Committee Stage.

The Bill is now much advanced and enhanced, including in response to key observations and concerns that had been expressed since its publication in autumn 2011. The new provisions contained in the Bill enhance the current regulatory regime in relation to the provision of legal services in the State and in how legal costs are determined. This is all predicated on what is to be a robustly independent legal services regulatory authority and on the functioning of an independent legal practitioner disciplinary tribunal.

Alongside the changes that have been made to the Bill to date, we have also experienced change in the national economy, which is now experiencing very positive growth. The challenge for all sectors is to maintain and nurture that growth in a prudent fashion. The Bill is a charter for managed and regulated change. It provides the legal services sector with a vehicle to capture the benefits of our current economic growth in new and lasting ways. The Bill maintains and upholds the independence and professional principles of both arms of the legal profession in this jurisdiction while balancing this with the wider interests of their clients and of a sustainable and competitive economy.

The Bill now includes a series of new provisions to make prudential provision for the future participation of solicitors and barristers in a number of new legal business models. These include legal partnerships between solicitors and barristers or between barristers themselves. They also include multidisciplinary practices, under which legal practitioners, be they barristers or solicitors, may choose to provide their services in tandem with non-legal service providers. This will be informed by the relevant research and public consultation processes. These new legal business models are not being introduced at the expense of all that is good about the legal services sector. Rather, alongside existing practice models, the Bill will facilitate innovative lawyers who wish to branch out in new ways and into new client areas. This should provide new opportunities for employment and specialisation for qualified legal practitioners and any non-legal service providers concerned. Under this mutually accommodating and regulated framework, the Government considers that there should be no impediments to the effective participation in, and delivery of, these new legal business models.

Ultimately, it is the market and consumers who will decide the success of any of these new legal business options. In the meantime, there will be unprecedented choice for legal practitioner and client alike. This has to be an improvement on the existing situation of very limited choice, or in some respects no choice at all, in relation to how legal services may be accessed. For the consumer, this Bill provides unprecedented transparency in relation to how and why legal costs may be charged. Senator Bacik focused on the aspects of transparency, including with regard to costs. The application and determination of legal costs, including by the new legal costs adjudicator, who will replace the existing Taxing Master, will now be much more open. Senator Noone also had concerns and observations in that regard. Up to now, legal costs matters were obscured in arcane rules and in the annals of jurisprudence. These were largely invisible to clients and even to lawyers. For the first time in legislation, the relevant legal costs principles are now laid out in Schedule 1 of the Bill.

This is a very balanced Bill. The Minister is delighted to have an opportunity to further discuss its provisions in the Seanad. It only remains for me to ensure that what is being done under the Bill is done correctly. It remains the Government’s intention that the Bill will be completed so that the new legal services regulatory authority can become operational without delay this year. Detailed work on the Bill continues on that basis, including in conjunction with the Office of the Attorney General and the Office of the Parliamentary Counsel, whose ongoing and key inputs are very much appreciated.

We look forward to discussing the Bill and its various provisions with stakeholders and with Members of this House over the coming period. In this way we can deliver the key modernisation and structural reforms being facilitated by this important piece of legislation. I thank Senators for their contributions.