Brendan Ryan (Dublin North, Labour)
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To ask the Minister for Justice and Equality the progress made on the Programme for Government's commitment to establish independent regulation of the legal professions to ensure adequate procedures for addressing consumer complaints; if he is considering the appointment of an Ombudsman for the legal profession; and if he will make a statement on the matter. [52872/12]

Alan Shatter (Dublin South, Fine Gael)
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The Programme of the Government for National Recovery 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 at reducing legal costs.

Effect is being given to these structural reform commitments in the form of the Legal Services Bill 2011 which was published, in keeping with the relevant time-line under the Troika Programme, at the end of Quarter 3 of 2011. The Bill, which remains a priority under the Government Legislation Programme, completed Second Stage in the Dáil in February and is awaiting Committee Stage. I have made comprehensive statements on the Bill and its continuing development to the Dáil during Second Stage, at the Annual Conference of the Law Society on 14 of April, and at the conference hosted by my Department on Regulatory Reform for a 21st Century Legal Profession that took place on 6 July. The full text of these statements is available on the Department website, www.justice.ie, for ease of reference. During the Second Stage debate I also 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.

As the Legal Services Regulation Bill approaches Committee Stage it is set to provide for the establishment of a new Legal Services Regulatory Authority that will be independent of the Government, the Law Society and the Bar Council in its appointment and in the discharge of its functions. The Bill will also establish an independent complaints framework to deal with allegations of professional misconduct to which the public will have direct access - at present such complaints are made through the professional bodies. There will also be an independent Legal Practitioners’ Disciplinary Tribunal dealing with both solicitors and barristers. These changes are being augmented by a more modern, consumer friendly and transparent legal costs regime under the Office of the Legal Costs Adjudicator that will take over the duties of the existing Taxing Master. The Bill sets out, for the first time in legislation, a set of Legal Costs Principles and the determinations of the Legal Costs Adjudicator, who may also issue legal costs guidelines, will be made public. The Bill will also open the legal services sector to new business models that will provide new opportunities for legal services providers while also providing greater choice and competition for the benefit of consumers.

I continue to receive submissions in relation to the Bill from various stakeholders and these are being considered in preparation for Committee Stage. Work on the details of the proposed amendments to the Bill is ongoing at my Department, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. As I have previously stated, the relevant amendments will be made available in advance of Committee Stage, along with the relevant Regulatory Impact Analysis. It remains my objective, notwithstanding the competing legislative demands of our EU/IMF/ECB Programme commitments - notably the Personal Insolvency Bill which continues to occupy Members of both Houses - that Committee Stage of the Legal Services Regulation Bill should commence early in the new year.