Written answers

Thursday, 28 June 2012

Department of Justice, Equality and Defence

Legal Services Regulation

5:00 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 200: To ask the Minister for Justice and Equality if he will appoint an ombudsman to deal with solicitors and complaints against them; and if he will make a statement on the matter. [31321/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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During the Second Stage debate on the Legal Services Regulation Bill 2011 which concluded on 23rd February, I recalled to the House the decision taken in May 2011 not to proceed with the appointment of a Legal Services Ombudsman. This is because the oversight model proposed in the Legal Services Ombudsman Act of 2009 does not meet this Government's policy commitment to greater independence in the regulation of the legal professions. The Legal Services Regulation Bill, therefore, sets out an alternative and more independent supervisory regime. These provisions are also part of our national EU/IMF/ECB undertakings in support of structural reform, greater competitiveness and early economic recovery. The new regulatory system to deal with the legal sector will take the form of an independently appointed and operated Legal Services Regulatory Authority; independent procedures to deal with complaints of professional misconduct, and the establishment of an independent Legal Practitioners' Disciplinary Tribunal. The Bill also provides for a more modern, consumer-friendly and transparent legal costs regime under the Office of the Legal Costs Adjudicator that will take-over the existing functions of the Office of the Taxing-Master. With the establishment of this alternative regulatory regime to meet current Government policy the Legal Services Ombudsman Act of 2009 will be repealed. Committee Stage of the Legal Services Regulation Bill is expected to take place after the summer recess.

Comments

john finn
Posted on 30 Jun 2012 2:14 pm (Report this comment)

It is disappointing that the Legal Ombudsman was not appointed, they had advertised for the position. God only knows when the Legal Services Regulation Bill 2011 will become law if at all. There are many complaints other than price that an Ombudsman could deal with. Should Minister Shatter want to block the Ombudsman he should have obtained approval to repeal the Legal Services Ombudsman Act of 2009.

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