Written answers

Wednesday, 25 September 2013

Department of Justice and Equality

Legal Services Regulation

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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167. To ask the Minister for Justice and Equality the position regarding reform of the legal profession; the extent to which negotiation continues with respective interest groups; if he has concluded discussions with the stakeholders; and if he will make a statement on the matter. [40084/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Consultations in relation to the Legal Services Regulation Bill have been ongoing since its publication. A wide range of stake-holders have provided, and continue to submit, views on the Bill which I am happy to consider. These views continue to inform the development of the Bill and to reflect its modern balance of interests between those of the legal professions and those of business or private clients who avail of legal services. As the Deputy will be aware, the Bill gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints".Furthermore, as a sectoral objective under the EU/IMF/ECB Troika Memorandum of Understanding, it supports the objectives of structural reform, national competitiveness and early economic recovery, building on the relevant recommendations of the Legal Costs Working Group and the Competition Authority. It is essential, therefore, that this reforming legislation be delivered as undertaken.

As the Deputy will be aware, Committee Stage of the Bill commenced on 17 July with initial progress made on the early sections of the Bill. On that occasion, I successfully introduced a series of key amendments to Part 2 of the Bill which have bolstered the independence of the new Legal Services Regulatory Authority to the utmost degree. Detailed work on the Bill continues in my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and Committee Stage is to resume as soon as possible in the current session.

In terms of written submissions, I have, as previously disclosed to the House, received just under 50 since publication of the Bill representing nearly 30 interested parties along with dozens of individual letters from concerned members of the public and practitioners and the formal observations of other Government Departments. The submissions have come from a wide range of bodies including the main legal professional bodies and associations, academics, civil liberties and human rights organisations, private businesses and government entities. They range in their scope from that of the entire Bill to that of particular provisions within it. For their part, the Law Society, the Bar Council and the King's Inns have provided substantive views which are among those to which consideration continues to be given. In addition, over the past 18 months both I and my officials have, together and separately, had meetings with various interested groups and bodies. Alongside those representing the legal professions, these have included such entities as the Competition Authority, the Consumers' Association and the Committee of Heads of Irish University Law Schools.

As I have previously announced, amendments to the Bill and a Regulatory Impact assessment will be made available for consideration prior to the resumption of Committee Stage. Pending that resumption I continue to encourage, receive and consider submissions on the Bill.

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