Clare Daly (Dublin Fingal, Independent)
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110. To ask the Minister for Justice and Equality the powers she has under the legislation to take action in instances where there are allegations that proper procedures have not been followed by any organisation or body in nominating individuals to the Legal Services Regulatory Authority. [28411/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The processes for the nomination, approval and appointment of members of the new Legal Services Regulatory Authority are laid out in Part 2 of the Legal Services Regulation Act 2015. This Part, comprising sections 7 to 36, deals with the establishment of the new Legal Services Regulatory Authority, its membership, appointment, functions, staffing and other matters including disqualification or removal from membership. The Authority comprises eleven members of whom a majority, including the Chairperson, are to be lay persons. While members of the new Regulatory Authority are duly appointed by the Government under these procedures, under section 9 (2)(a) of the 2015 Act, a resolution approving such appointment has first to be passed by both Houses of the Oireachtas. The relevant procedures set out in Part 2 of the Legal Services Regulation Act 2015 are being adhered to as regards the nomination by the nominating bodies designated in the Act and the approval and appointment of members of the new Regulatory Authority. For example, resolutions of both Houses approving members of the Authority were passed in July with resolutions concerning one remaining nominee being considered for approval by the Houses this week.

By way of ensuring the new Authority’s independence of appointment and the desired balance in its representation of the interests of lawyers and those of consumers of legal services, all of the potential members of the new Authority are put forward, subject to stated criteria, by those prescribed nominating bodies set out in section 9 of the 2015 Act. Each of these bodies puts forward their nominees as identified by them under their own selection procedures. They do this as appropriate to their functions and objectives as may be set out, in each case, under legislation or under common law. It will, therefore, be for those bodies, in the first instance, to resolve any alleged breach of process that may arise under their applicable internal governance procedures.

Section 12 of the Legal Services Act 2015 sets out a number of circumstances in which the Government may remove a member of the Legal Services Regulatory Authority from office by reference to ill health, stated misbehaviour, conflict of interest or being otherwise unfit to hold the office or unable to discharge its functions. This section also sets out the procedures for such a removal including notification of the member and of the nominating body concerned and the provision of a statement of the reasons for the proposal to remove the member. It also allows the member or nominating body concerned a period to make representations as to why the member should not be removed from office. When, having taken account of these matters, the Government decide to remove a member, they shall notify the member and the nominating body concerned subject to possible appeal to the High Court which may, as it thinks proper, either affirm or overturn the decision concerned.