Written answers

Tuesday, 3 December 2013

Department of Justice and Equality

Legislative Process

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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292. To ask the Minister for Justice and Equality when the Legal Services Regulation Bill 2011 will be enacted; the current status of same; and if he will make a statement on the matter. [51581/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can confirm for the Deputy that steady progress continues to be made towards the enactment of the Legal Services Regulation Bill 2011 which remains a priority under both the Programme for Government and as an ongoing structural reform being delivered under the EU/IMF/ECB Troika programme.

As I have previously conveyed to the House, the Bill 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 as well as 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 to deal with allegations of serious misconduct by both solicitors and barristers. This will end the duplication of disciplinary structures between the two professional bodies.

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 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.

As the Deputy will be aware, Committee Stage of the Bill commenced on 17 July when I successfully introduced a series of key amendments to Part 2 of the Bill. These have further enhanced the independence of the new Legal Services Regulatory Authority which will be appointed by nominating bodies. Detailed work on the Bill continues in my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. It is my intention to make the remaining amendments for Committee Stage available before Christmas and, subject to the agreement of the Joint Committee on Justice, Defence and Equality, to resume Committee Stage early in the New Year.

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