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

We are not as far apart on this matter as the Senator might think. This section relates to the staffing of the new legal services regulatory authority. My amendment No. 28 inserts a new subsection (4) which is intended to clarify the status of the staff of the new body as public servants. This means they will not be working as civil servants for any Department or office, thereby reflecting the independent nature of the new authority. My amendment No. 29 inserts a new section relating to the transfer of the staff of the Law Society or Bar Council. As I said, there has been wide political support, including from the Senator's party and, indeed, all parties on Committee Stage, for finding a suitable way to deal with the very expert and suitably qualified staff of the Law Society and the Bar Council whose public complaints functions are being taken over by the new authority. We are talking about 18 full-time equivalent posts or thereabouts.

Under the proposed new section, staff who opt to become staff of the new regulatory authority, under designation by the Minister for Justice and Equality, will enjoy terms and tenure no less favourable than those they currently enjoy, will retain their existing and accumulated pension entitlements, will become public servants and will become, from the date of their appointment, members of the single public servant pension scheme. The proposed transfer of a discrete number of such staff makes good sense. The complaints function of the new authority will be at front line of the new body in dealing with the public. It is essential that the new authority's complaints regime has the capacity to operate effectively from day one while also having its own corporate identity. Any staff who transfer in accordance with the provisions of this section will work under the independent regulatory authority, to which they will be answerable, and will be made amenable to its ethos as an independent statutory regulator of the legal professions.

Senator Ó Clochartaigh is proposing in his amendments Nos. 25 and 27 that staff should be brought in subject to consultation with the professional bodies. However, it is very important that the new authority, as an independent regulator of the legal professions, would be able to configure its staff to meet its statutory functions and objectives. On that basis, I cannot accept the amendments. In any event, members of the professional bodies will be included among the membership of the regulatory authority. In regard to amendment No. 26, I fully appreciate the Senator's wish to find a workable and fair solution in regard to the existing complaints handling functions of the Law Society and the Bar Council. As I have brought forward a like-minded amendment, I ask him to consider withdrawing his proposal on that basis.