Michael Healy-Rae (Kerry, Independent)
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1. To ask the Minister for Justice and Equality the reason for the delay in setting up the Legal Services Regulatory Authority (details supplied); and if she will make a statement on the matter. [30139/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Preparations for the phased commencement of the Legal Services Regulation Act 2015, including the setting up of the new Legal Services Regulatory Authority, are already underway. On 19 July, under S.I. No. 383 of 2016, I commenced those provisions of Part 1 and Part 2 of the Legal Services Regulation Act as necessary to get the new Regulatory Authority up and running, particularly in terms of its membership and appointment.

Earlier this year nominations for membership of the Legal Services Regulatory Authority were duly obtained from the ten prescribed nominating bodies set out for that purpose in the 2015 Act. Following the relevant procedures, resolutions approving their appointment as members were passed by the Seanad on 19 July 2016 and by the Dáil on 21 July 2016, such resolutions being required under section 9 (2)(a) of the Act. Following this, the Government, at its meeting of 27 September 2016, duly appointed ten members of the new Legal Services Regulatory Authority. These were: Don Thornhill; Angela Black; Deirdre McHugh; Gerry Whyte; Stephen Fitzpatrick; Dermott Jewell; David Barniville; Joan Crawford; Geraldine Clarke; and James MacGuill. At the same time, as provided under the 2015 Act, the Government agreed the appointment of Dr. Don Thornhill, being an approved lay member, as Chairperson of the new Regulatory Authority. Under the 2015 Act, the Authority has a total of eleven members including a lay majority and lay Chair.

It was also agreed at that time, following the relevant procedures of the 2015 Act, that Eileen Barrington SC be put forward as an alternative nominee of the King’s Inns for membership of the new Authority. This arose from the fact that their initial nominee, who had also been approved in July, was no longer available. The relevant resolutions of both Houses approving the appointment of Eileen Barrington SC were passed on 6 October 2016. Her appointment will, therefore, complete the eleven-person membership of the new Regulatory Authority.

Initial briefings and secretarial support are being provided at official level for Dr. Don Thornhill as Chairperson of the new Authority and he is engaged in ongoing consultations with his incoming colleagues on the Authority. Initial office accommodation for the Authority has been identified that will accommodate a small start-up team of three or four staff. This is intended to provide a bridge-head from which a permanent premises and additional working capacity can be secured. The first formal meeting of the Authority will take place on 26 October.

On 29 September 2016, I signed the Order appointing 1 October 2016 as the official “establishment day” of the new Legal Services Regulatory Authority as provided under section 7 of the Legal Services Regulation Act - S.I. No. 507 of 2016 refers. Following on from the setting of establishment day, it is intended that the phased commencement of the remaining Parts of the 2015 Act will be implemented over the remainder of this year - with some carry-over anticipated into early 2017 in relation to major undertakings such as the start-up of the Authority’s critical public complaints function. The current phase will, therefore, include the phased commencement of Parts of the 2015 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 this, 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 considered essential in order to ensure their effectiveness and success as crucial components of the new regulatory framework.