Written answers

Wednesday, 13 July 2016

Department of Justice and Equality

Commencement of Legislation

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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85. To ask the Minister for Justice and Equality the status of the implementation of the Legal Services Regulation Act 2015; if she has commenced all Parts and sections of the Act; the status of any agency or body she proposes to be establish under the Act; and if she will make a statement on the matter. [21425/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As previously conveyed to the House, preparations for the phased commencement of the Legal Services Regulation Act 2015 are already underway. A necessary first step in preparation for these commencements is the appointment of the Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. I can confirm that nominations to the new Legal Services Regulatory Authority have been received from the relevant nominating bodies as set out in the Legal Services Regulation Act. The appointment by Government of the relevant nominees, for which initial steps have been taken, will be subject toprior approval by resolution of both Houses of the Oireachtas and I hope to be in a position to proceed with this shortly. In accordance with the Act, the Government will appoint one of the lay members of the Authority, which will also have a lay majority, to be Chairperson. 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 a suitable premises is being identified from which the new Authority can commence its operations.

These are 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 stage will also include the phased commencement of 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. Under section 7 of the 2015 Act, I will also very soon, by order, appoint a day to be the establishment day for the purposes of the Act.

Following establishment of the Authority and appointment of a Chief Executive the key provisions centred around Part 6 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 be commenced. The managed commencement of these functions is planned for the Autumn in order to allow adequate time and preparation to ensure their effectiveness and success as crucial components of the new regulatory framework. It should be noted that, under the relevant transitional provisions contained in the 2015 Act, complaints already made to the Law Society under the Solicitors Acts will be brought to completion under that framework and existing law.

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 was made under the Justice Vote for 2016 as set-up support for the new Regulatory Authority. Any funding advanced from this allocation will be provided on a recoupable basis. Once in operation, the new regulatory regime will be self-funding by means of a levy on the regulated legal professions under the terms set out in Part 7 of the 2015 Act.

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