Seanad debates

Tuesday, 19 July 2016

Legal Services Regulatory Authority: Motion

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I welcome the Minister of State and this important motion to approve the establishment of the legal services regulatory authority. I should declare my interest as someone who was for many years a practising barrister and still an external examiner for the King's Inns. Also, of course, I know many of the nominees to the authority personally and I have worked with several of them.

As the Minister of State and colleagues will be well aware, we had a long debate around this legislation over a protracted time. Indeed, the Minister of State was the chairman of the justice committee on which I served. We had hearings on this legislation as well. I feel a strange sense of déjà vuin returning to look at the make-up of the authority. However, it is welcome it has reached this stage. Many of us thought we might never get to this point. I say as much as a strong supporter of reform of the legal profession.

Senator Ardagh spoke of the potential for a merged profession. It is welcome that the Bill allows the exploration of that along with the exploration of other important reforms like the opening up of professional legal education to other bodies beyond the Law Society of Ireland and King's Inns. These are important future reforms envisaged in the Act.

I looked back over the Second Stage debate on the Legal Services Regulation Bill held in the House on 13 May 2015. At the time, I pointed out in respect of the independent legal services regulatory authority two key positive components which, I believe, are reflected in the make-up of the members that we see listed before us today. First, the Act provides for a lay majority on the authority. That is immensely important and is part of an increased momentum or culture around regulation of professions. Regulatory oversight of all professions now requires far greater input from lay persons and I very much welcome that. Second, we have a gender balance on the authority. I note that four of the 11 names are women, this represents 36%. It is a far better figure than the corresponding figure for Members of the Oireachtas.

It is clear from any reading of the Act and to anyone who is familiar with the Act that a key component of the new regime of oversight of the legal professions in the Act is this authority. This body is essential. As the Minister of State noted, the authority has a range of functions which are central to the carrying out of the new regime under the Act. Essentially, the authority will assume regulatory oversight of all legal practitioners in Ireland. It will handle complaints against legal practitioners. It will oversee the operation and opening up of the legal services market as well as the issues that I have already referred to - remarkably important issues for the future of the legal professions - in other words, the issue of merger and the issue of legal training.

We require a robust and an effective independent authority to carry out these functions effectively. I am glad to see from the names before us that we have people who are of immense integrity and who will be well able to carry out their functions very well indeed. It is also worth welcoming the appointment of Dr. Don Thornhill, who, as the Minister of State has said, has now been appointed as the chairperson of the authority. I welcome the fact that the establishment day has now been set as 1 October this year. All of these developments are welcome.

Will the Minister of State indicate whether there is any timeframe for the recruitment of a chief executive? Clearly, that is another important component to ensure this new authority gets up and running and hits the ground running. It has several important functions. There are several times set out in the Act within which the authority must look at issues around future regulation of the professions. It is important that the establishment day has been set, members have been appointed and that we have a chairperson. All of these are welcome announcements but we need to know when we are likely to see a chief executive appointed in order that the authority can really begin its work properly. We all wish the authority the best for the future in the performance of its important functions.

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