Written answers

Thursday, 13 December 2007

Department of Justice, Equality and Law Reform

Regulation of Legal Profession

5:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 89: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the comments made by the Master of the High Court, Mr. Edmund Honohan SC, who referred to the systematic failure of self-regulation of solicitors and called for a robust agency to deal with rogue solicitors; his views on the comments made by Mr. Honohan; the proposals the Government has for the effective regulation of solicitors; and if he will make a statement on the matter. [34609/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am aware of the comments to which the Deputy refers. The current regulatory arrangements for solicitors include an independent Solicitors Disciplinary Tribunal appointed by the President of the High Court to investigate complaints of misconduct against solicitors and an Independent Adjudicator.

However, the Government recognises that improved regulation of the legal professions is necessary. That is why legislative proposals for the establishment of a Legal Services Ombudsman have received Government approval. The Ombudsman will replace the Independent Adjudicator and will

provide a form of review for customers of legal services who are dissatisfied with the outcome of a complaint made to the Law Society or Bar Council.

oversee the complaints procedures of the Law Society and Bar Council by examining a selection of complaints files each year taken on a random basis.

oversee admission to the legal professions, particularly with regard to the adequacy of the numbers admitted.

On 12 December 2007 the Dáil Committee on Justice, Equality, Defence and Women's Rights accepted my amendment of the Civil Law (Miscellaneous Provisions) Bill 2006 to delete Part 2 which provided for the establishment of a Legal Services Ombudsman. A separate Bill is currently being drafted in place of Part 2 to provide for the establishment of the Ombudsman.

In addition to this development a number of the recommendations in the Brosnan Report on regulatory matters in relation to solicitors are being provided for in the Civil Law (Miscellaneous Provisions) Bill 2006. For example, the Bill provides for a majority of lay membership of regulatory committees. Provision is also made to ensure better enforcement of orders of the Solicitors Disciplinary Committee.

The Legal Practitioners (Irish Language) Bill 2007 was presented by me to the House on 30 November 2007 and second stage took place earlier today. The Bill promotes the better use of the Irish language by legal practitioners and the provision of legal services through Irish. A Legal Costs Bill is also being developed by my Department to reform the manner in which disputed legal costs are assessed with the allied objective of making the market for civil legal services more predictable, consistent and transparent to consumers.

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