Róisín Shortall (Dublin North West, Social Democrats)
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432. To ask the Tánaiste and Minister for Justice and Equality his plans to open up access to the legal services profession and increase diversity of background among solicitors and barristers; if he has considered reforming the practice of devilling; and if he will make a statement on the matter. [34680/17]

Charles Flanagan (Laois, Fine Gael)
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As I have previously set out in my Written Reply to the Deputy's earlier Question No. 293 of 4 July 2017, the Legal Services Regulation Act 2015 contains a series of new measures that will review the area of legal professional education including in terms of who provides it, who has access to it, and what professional qualifications may apply. These combine annual reporting obligations with the undertaking of a more comprehensive review of this area that will be open to all stakeholders including, on the delivery side, universities and other third-level providers of legal professional education.

The relevant provisions of section 13(2) of the 2015 Act, as commenced under S.I. No. 383 of 2016, provide that the Legal Services Regulatory Authority may, and where required by the Act, shall, keep under review and make recommendations to the Minister for Justice and Equality in respect of the admission requirements of the legal professions, that is to say both barristers and solicitors, under their respective bodies and the availability and quality of such education and training. This will also take into account the curriculum arrangements for the provision of clinical legal education and the teaching of legal ethics, negotiation skills, alternative dispute resolution and advocacy and the methods by which, and the persons by whom, such education and training is provided. It will also review the policies of the Law Society in relation to the admission of persons as solicitors in the State and those of the Bar Council and the Honorable Society of the King's Inns in relation to persons entitled to practice as barristers.

Under section 33 of the Legal Services Regulation Act 2015, when commenced, the Legal Services Regulatory Authority will also report, within four months of the end of each financial year, on admissions to the legal professions. This report shall specify the number of persons admitted to each of the legal professions during the given year. It will also contain an assessment as to whether or not, having regard for the demand for the services of practising solicitors and barristers and the need to ensure an adequate standard of education and training for persons admitted to practice, the number of persons so admitted in that year is consistent with the public interest in ensuring the availability of such services at a reasonable cost. A copy of this report will be laid, by the Minister, before each House of the Oireachtas and will be published and sent by the Regulatory Authority to each of the legal professional bodies concerned.

In addition to this annual reporting cycle, the Legal Services Regulatory Authority has been given the specific task of preparing, with the support of a public consultation process, a comprehensive report in relation to the education and training (including ongoing training) arrangements in the State for legal practitioners, including the manner in which such education and training is provided. This report is to be provided to the Minister within two years of the Authority's establishment day, 1 October 2016. Under the detailed parameters set out in section 34 of the 2015 Act as commenced under S.I. No. 383 of 2016, it will contain "a review of the existing arrangements relating to the education and training of legal practitioners" and make such recommendations as considered appropriate in relation to the arrangements that, in the opinion of the Authority, should be in place for the provision of such education and training. This is also to include "the accreditation of bodies to provide such education and training and the reforms or amendments, whether administrative or legislative, that are required to facilitate those arrangements".

In addition, Section 34 (3) (c) of the 2015 Act lays out the specific areas of recommendation that are to be dealt with under this review process. These are to include, among other matters, the appropriate standards of education and training for legal professional qualifications; arrangements necessary to monitor those standards; the scope and content of the curriculum for the courses concerned; standards required for the award of legal professional qualifications, and, arrangements that would facilitate the minimisation of duplication and consequent expense incurred in the taking of overlapping examinations in legal subjects.

I am satisfied that the question of diversity of access to the two legal professions and the induction, apprenticeship and other qualification procedures traditionally exercised by the legal professional bodies concerned are among those comprehended by the in-depth review and reporting frameworks now provided under the Legal Services Regulation Act 2015. The Government will, therefore, take account of any specific findings and recommendations that may arise in relation to the matters raised by the Deputy into account and consider the appropriate policy responses to be made.