Written answers

Tuesday, 3 May 2011

Department of Justice, Equality and Defence

Legal Profession

9:00 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael)
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Question 449: To ask the Minister for Justice and Equality if the Legal Services Bill is intended to give effect to all the structural reforms of the two legal professions required by the EU and International Monetary Fund memorandum of understanding; if an independent regulator, if established as required, will replace or supervise the statutory regulatory functions of the Law Society and the non-statutory rules of the Bar Council; if it is intended that this Bill will be enacted and commenced before the memorandum of understanding deadline of the end of the third quarter of 2011; and if he will make a statement on the matter. [9336/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Question No. 7 of 7 April 2011, which indicated the following:

The programme for Government 2011-2016 undertakes to "establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints".

These undertakings complement those structural reforms in the EU-IMF programme of financial support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and legal costs, namely, to establish an independent regulator for the legal professions and implement the recommendations of the legal costs working group; and to implement the outstanding Competition Authority recommendations in order to reduce legal costs.

I intend to give effect to the various commitments I mentioned by way of the Legal Services Bill which is referred to in the Government legislation programme, announced by the Chief Whip on 5 April. The commitment of the Government is to a strategy that is comprehensive, provides more independent regulation of the legal professions, better regulates legal costs and ensures that the complaints procedures are as effective as possible. The strategy, when implemented, will improve the overall system of delivery of legal services in the State.

In the context of the Bill, I am giving consideration to the question of extending the functions of the legal services ombudsman whose functions at present include the review of the handling by the Law Society and the Bar Council of complaints about solicitors and barristers, respectively, as detailed in that legislation. Of course, although the Bill was enacted in 2009, a legal services ombudsman has not yet been appointed. The outgoing Government had not made that appointment.

Subject to necessary consultations, the consideration of the proposals by the Attorney General and Government approval being obtained, I expect to be in a position to announce details of the Bill's proposals in the not too distant future. It is my objective that the Bill will be before the House for discussion, if not shortly prior to the summer vacation, certainly very early following the Dáil's subsequent reconvening.

I have nothing further to add to that reply other than to indicate that the time frame for publication of the proposals is Quarter 3 of 2011.

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