Éamon Ó Cuív (Galway West, Fianna Fail)
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To ask the Minister for Justice and Equality his plans to amend the law to ensure that the Incorporated Law Society cannot make rules in relation to the number of solicitors involved in legal transactions in relation to persons and that such rule making would be the prerogative of the Oireachtas only; and if he will make a statement on the matter. [42044/12]

Alan Shatter (Dublin South, Fine Gael)
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The proposed Regulation to which the Deputy refers, the Conveyancing Conflicts of Interest Regulation, was adopted by the Council of the Law Society on 7 September 2012 and it is proposed that, following the laying of the regulation before the Houses in the prescribed manner, it will come into effect on 1 January 2013. This, I understand, will be done in compliance with Section 5 of the Solicitors Act 1954 which provides for the Society to make regulations which are necessary for the carrying out of its functions and requires that such regulations be laid by the Society before each House of the Oireachtas as soon as may be after they are made.

The new regulation has been made by the Law Society on foot of the recommendations made in the "Conveyancing Conflicts Task Force Report" published by the Law Society in July. The Task Force had been set up to review existing guidelines and regulations relating to solicitors acting for both parties in conveyancing transactions. The Report, which is publicly available on the Law Society's website (www.lawsociety.ie), details the arguments that were put forward both in favour of and against the introduction of this regulation and explains the reasons behind the decision to propose its adoption. It sets out how the Task Force undertook extensive consultations with members of the solicitors profession and other relevant interested parties and stakeholders and took account, inter alia, of the November 2012 joint HSE and UCD report concerning the "Abuse and Neglect of Older People in Ireland". The Task Force also researched and reviewed the regulatory regimes in other jurisdictions and analysed judicial and academic commentary relevant to all issues considered.

As the Deputy will be aware, the Legal Services Regulation Bill 2011 provides, in section 3 (2), that every regulation to be made under the Bill, which will establish a new independent Legal Services Regulatory Authority to regulate both solicitors and barristers, shall be laid before each House of the Oireachtas subject to a 21 day period for a possible resolution for annulment. The scope and application of this and other regulatory provisions are among those matters I am considering in preparation for the Bill's Committee Stage.