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

This group of amendments relate to the powers of the authority to inspect legal practices. Sections 30 and 31 of the Bill as published are being remodelled again into the new Bill, Part 3, to better specify the inspection powers of the legal services regulatory authority in line with any modern inspection regime. Part 3 of the Bill outlines all the expected powers that one would assume a strong independent regulator would have. This section defines the role of inspector within the meaning of the Bill, with amendments Nos. 39 to 46 inserting the new Part of the Bill. Amendment No. 39 inserts a new section that provides for the appointment of inspectors and is all about the inspectors. It is very similar in nature to the provisions in the Property Services (Regulation) Act 2011. Under the provision the authority can appoint either members of its staff or other persons whom it thinks fit to act as inspectors. The section makes it clear that a person appointed as an inspector will be furnished with a warrant of appointment by the authority. Amendment No. 40 inserts a new section 37, an important provision which sets out that the purpose for which an inspection can be carried out can be defined in general. It is intended that the legal services regulatory authority will have inspection powers and investigation powers in relation to compliance and general compliance practices.

While the authority will exercise these powers in relation to solicitors and barristers, it will not overlap with the separate inspection powers of the Law Society of Ireland, which will be retained under the Act. In regard to complaints made to the authority, section 37 provides that an inspector may carry out an inspection where a complaint is being made or is deemed to have been made to the authority under the Act regarding inadequate service. Where a complaint regarding excessive legal fees has been made or is deemed to have been made to the authority, it can appoint an inspector to bring the information together and do the necessary work. An inspector can also be appointed where a complaint has been made to the authority regarding an act or omission on the part of a legal practitioner which may be considered as constituting misconduct. If any of these complaints are made there is a straight route to the authority. Complaints can be made, inspectors can be appointed and an investigation carried out into the compliant by an independent body, with an inspector appointed. As I said previously, this is a consumer-friendly process.

In addition, the section provides that the authority may carry out an inspection in order to ensure compliance by a legal practitioner in relation to any requirement imposed on the practitioner by this Act, in relation to any regulations made under the Act which are applicable to the practitioner and in relation to any code of practice issued or amended under section 20. Amendment No. 41 inserts a new section 38 into the Bill, which is a key provision that specifies the powers of an inspector under section 36 with regard to the inspections carried out.

I will summarise what the inspector can do in response to any of these complaints. The inspector can enter, inspect, examine and search any place where he or she believes an activity is being carried out in connection with the business of a legal practitioner. For example, the inspector can enter a premises where it is suspected, or where there are reasonable grounds for believing, that books, records or accounts are being kept or other documents stored in various forms which relate to the business of a legal practitioner. The inspector may require a legal practitioner, or any other person in the place, to produce the books, records and documents for the inspector. Senators can see what the general approach is. It is to have a robust inspection regime that can follow up and have the necessary authority and powers to get the information together to make a determination on it. The inspectors can also require any legal practitioner, or any other person present at the place concerned, to give the inspector such information and assistance as the inspector may reasonably require or to answer relevant questions. On foot of a court order obtained from the High Court, the inspector can also carry out certain actions where necessary, including seizing and retaining books, securing data equipment or any associated apparatus for later inspection, and, for the purpose of preserving records for later inspection, the securing of the place or any such place where that may reasonably be necessary.

This section and these amendments are all about the powers of the inspectors who will be operating under the legal services regulatory authority and who will have quite robust and stringent powers of inspection. It is an inspection regime which will operate under the legal services regulatory authority with all the powers that I have outlined.