Written answers

Wednesday, 30 January 2013

Department of Justice and Equality

Proposed Legislation

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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To ask the Minister for Justice and Equality if he has made provision to recognise the role of the legal executive within the parameters of the Legal Services Bill; if he engaged with representatives of legal executives as part of the preparation of the Bill; and if he will make a statement on the matter. [4659/13]

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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To ask the Minister for Justice and Equality if he will provide an update on the position and rights of legal executives, particularly in respect of the Legal Services Bill; and if he will make a statement on the matter. [4670/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 152 and 154 together.

The Legal Services Regulation Bill 2011 has completed Second Stage in the Dáil and is awaiting Committee Stage. The Bill does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged. It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes beyond those measures to be introduced under the Legal Services Regulation Bill.

It is evident that the proposals being made by the Irish Institute of Legal Executives Ltd, on behalf of its members, are far-reaching from the fact that they relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011.

While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives", the far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such matters will, therefore, need to be considered separately on their own merits, while others may come to be considered in due course by the new Legal Services Regulatory Authority.

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