Written answers

Wednesday, 20 April 2016

Department of Justice and Equality

Legislative Measures

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

215. To ask the Minister for Justice and Equality when, further to the signing into law of the Legal Services Regulation Act 2015, the Act will commence; the impediments that prevent commencement; and if she will make a statement on the matter. [7418/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are no impediments as such to the roll-out of the 2015 Act; however, its implementation does require careful planning and sequencing between now and the end of this year. This is especially the case given the important issues relating to professional misconduct and to the adjudication of legal costs that are concerned. We also have to manage the transition from the existing statutory, regulatory or other powers currently exercised by the Office of the Taxing-Master and by the Law Society, the Bar Council and the King's Inns.

A necessary first step is the appointment of the new and independent Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. I am happy, therefore, to confirm that nominations to the new Legal Services Regulatory Authority, which will have 11 members with a lay majority and a lay Chair, have already been sought from the relevant nominating bodies as set out in the Legal Services Regulation Act. The appointment of the relevant nominees and Chair under the various criteria set out in the Act will then be subject to approval by resolution of both Houses of the Oireachtas. At the same time, preparations are also being made in support of the public recruitment, by the new Regulatory Authority, of its Chief Executive whose terms and functions are similarly set out in the 2015 Act. A start-up support team is being established and efforts are already underway to find a suitable premises from which the new Authority can operate.

These various measures represent the initial steps that will enable the members and Chief Executive of the new Regulatory Authority to spear-head the coming into operation of the new legal services regulatory regime. This phase will also include, at the appropriate time, the commencement of other Parts of the Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers and Pre-Action Protocols.

Following establishment of the Regulatory Authority, its recruitment of a Chief Executive and such commencements of the Act as take place between now and September, the key remaining Parts of the Act dealing with the new public complaints and professional conduct and disciplinary procedures and the appointment of the new Legal Practitioners Disciplinary Tribunal, will then be introduced. The managed commencement of these critical functions is planned for the Autumn in order to allow adequate time to ensure their effectiveness and success as crucial components of the new regulatory framework.

In support of the planned and managed commencement of the relevant Parts of the 2015 Act proposed, as I have outlined, between now and the end of this year, an allocation of €1 million has been made under the Justice Vote for 2016 as set-up support for the new Regulatory Authority which will be provided on a recoupable basis.

Comments

No comments

Log in or join to post a public comment.