Written answers

Wednesday, 12 January 2011

Department of Justice, Equality and Law Reform

Legal Profession

2:30 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 613: To ask the Minister for Justice and Law Reform with regard to the report of the Competition Authority of December 2006 into the solicitors and barristers profession if he is satisfied that the Honourable Society of Kings Inns have taken adequate action to implement the recommendations of the aforesaid report of the Competition Authority detailed in pages x to xv and in particular recommendations 4, 6, 8, 10, 11, 13, 15, 16, 18, 20, 21, 22, 23, 25 and to detail which of the aforesaid recommendations have not in his view yet been satisfactorily implemented; the action, if any, taken by him to date to effect their implementation and to detail those he requires to be implemented to comply with the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1612/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 614: To ask the Minister for Justice and Law Reform with regard to the report of the Competition Authority with regard to the solicitors and barristers profession of December 2006, if he will give details of the actions taken by him to date in respect of the recommendations made on pages xi to page xviii of said report and in particular with regard to recommendations 1, 2, 3, 4, 5, 7, 9, 12, 14, 15, 16, 17, 19, 24, 28 and 29; if he will further detail the aforesaid recommendations that have been rejected by him and to further detail the recommendations he has agreed be implemented in the context of the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1613/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 615: To ask the Minister for Justice and Law Reform with regard to the report of the Competition Authority of December 2006 into the solicitors and barristers profession whether he is satisfied that the Law Society of Ireland have taken adequate action to implement the recommendations in the aforesaid report of the Competition Authority detailed in pages x to xv and in particular recommendations 4, 6, 17, 23 and if he will detail which of the aforesaid recommendations that have not in his view yet been satisfactorily implemented; the action, if any, taken by him to date to effect their implementation and to detail those he requires to be implemented to comply with the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1614/11]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I propose to take Question Nos. 613 to 615, inclusive, together.

I refer the Deputy to the 2009 Annual Report of the Competition Authority which makes clear that the Law Society has either completed or progressed all of the recommendations addressed to it. The same Annual Report notes that while the Bar Council has implemented many of the recommendations addressed to it, the recommendations to allow direct access to barristers for legal advice and to allow barristers to operate in groups have not yet been implemented. However, the Bar Council has authorised a number of approved organisations and their members to have direct professional access (DPA) to barristers in non-contentious issues. The scheme does not extend to court appearances, but is limited to advisory work. The number of approved bodies has risen to almost 50 and most barristers make themselves available for DPA work.

Government policy on the need for changes in relation to the legal professions is reflected in the Legal Services Ombudsman Act 2009 which provides for the establishment of a Legal Services Ombudsman and in the Civil Law (Miscellaneous Provisions) Act 2008 which provides for a number of other matters relating to regulation of the solicitors' profession. Recruitment of the Ombudsman by the Public Appointments Service commenced in November, and an appointment will be made in the near future.

The commitment in the EU/IMF Programme of Financial Support for Ireland is to establish an independent regulator for the legal profession, to implement the recommendations of the Legal Costs Working Group and outstanding Competition Authority recommendations to reduce costs. The details of my proposals for a Legal Costs Bill are already well advanced in my Department. The question of better regulation generally of the legal professions is being considered in the context of that Bill as well as what implications the changes might have for the Office of the Legal Services Ombudsman. The details will be published in due course following approval of them by the Government.

Comments

No comments

Log in or join to post a public comment.