Seanad debates

Tuesday, 19 July 2016

Legal Services Regulatory Authority: Motion

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

Like everyone in the House, I welcome this development. I remember when the last Oireachtas started in 2011 the Minister at the time, Alan Shatter, proposed the controversial Legal Services Bill. It was amended and watered down and evolved into what was brought over the line towards the autumn of the last Administration. Some of us would have preferred to see the initial proposals of Mr. Shatter get over the line but, obviously, many vested interests lobbied somewhat successfully to have elements of the Bill changed. However, whatever way we look at it, it is a positive development that we now have legal services legislation.

It is even more positive that we have the legal services regulatory authority because the legal profession was the one profession that was self-regulating for far too long. The people should have taken this issue by the scruff of the neck a long time ago but they did not. Thankfully, as a result of the last Administration, we are in a position to support the appointment of a fine team under an exceptionally fine chairperson, Dr. Thornhill, who will take the reins of the legal services regulatory authority. I have no doubt the authority will have singular credibility because the calibre of the people proposed by the various stakeholders and nominating bodies. They have been approved by Cabinet and recommended to the Houses of the Oireachtas for final approval.

It is a great day for the legal profession in this country. It baffled me why the legal profession was so afraid of regulation and why it lobbied so powerfully and intensively on this issue. Who is afraid of regulation? No one should be afraid of regulation. Many other sectors in the country are regulated. Some of them are not as regulated as they should have been. Unfortunately, we had a culture of light-touch regulation in the country and we see have seen where that got us. However, the legal profession was not regulated at all. It regulated itself, which was bizarre. I do not think that happens anywhere else in the world. After much toing and froing and much lobbying we have now an Act that we can stand over. I have often said it in the House and I will say it again: all the legislation we bring through the House can evolve, change and be amended. We will see how it works.If the legal regulatory authority comes back to us and says that it needs more powers, we should not be found wanting in giving it more powers and in amending the legal services Act.

It was an absolute privilege to have been a member of the justice committee for five years when the Minister of State, Deputy Stanton, was the Chairman of the committee. We produced some very fine reports and work on this Bill. One issue that the Minister of State will recall discussing in the committee was the whole question of e-conveyancing. Various people came before the committee and gave evidence on the benefits of e-conveyancing. Not alone would it save a substantial amount of money for the clients who are buying and selling property, it would also save a huge amount of time. We would have a situation where, instead of it taking a month to six weeks to process a house because of documentation going from one stakeholder to another, it would be done in a week. E-conveyancing is the way forward. Many other industries in this country are now managed effectively by ICT. There is absolutely no reason the law industry cannot embrace the very latest in ICT. I believe the Government should look at making a once-off payment available to facilitate the establishment and roll-out of e-conveyancing. Perhaps the Minister of State is not in a position to comment on that now and I am not expecting him to because it is somewhat off script.

What we have in terms of the legal services regulatory authority is the beginning of a long process of reforming the legal profession. Hopefully, we will see a situation in which the ordinary and decent people of this country engage in legal services in a much more competitive environment and no longer have to endure exorbitant costs. Whether it is the simple transaction of buying a house, getting legal counsel or opinion, or a more protracted and lengthy court case, hopefully the people of Ireland will get more value for money.

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