Clare Daly (Dublin Fingal, Independent)
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117. To ask the Tánaiste and Minister for Justice and Equality the status of the Legal Services Regulatory Authority; the timeframe for the implementation of the various functions for the authority as set down in legislation; the number of statutory instruments which will be forthcoming; his views on concerns that arise with respect to staffing and the delivery of independent and effective regulation; and if he will make a statement on the matter. [42042/17]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will appreciate that the Legal Services Regulatory Authority is an independent statutory body and that I do not, as Minister, have a role in relation to its day to day operations. That independence has been purposefully conferred on the Authority by the Legal Services Regulation Act 2015. This includes in the nomination of the Authority’s membership by prescribed bodies, in its statutory objectives and in the independent performance of its functions. I have every confidence, therefore, in the Authority’s ability to regulate independently and effectively.

The setting-up of the Authority has been underway since July 2016. At that time Parts 1 and 2 of the Legal Services Regulation Act were commenced as necessary to get the new Authority underway, particularly in terms of its nomination and appointment with the necessary motions of approval of the Houses of the Oireachtas. The Authority has convened regularly since its inaugural meeting on 26 October 2016 and makes minutes of its meetings available on its websitewww.LSRA.ie. 

In tandem with the ongoing and essential work leading to the Authority starting up its key complaints and regulatory functions, the Authority has been deeply engaged in the conduct of public consultations and in the making of reports on a series of issues which it has been obliged to complete within strictly set deadlines running from its day of establishment on 1 October 2016. For example, in December 2016, sections 118, 119 and 120 of Part 8 of the 2015 Act were commenced to enable the conduct of public consultations and reports by the new Regulatory Authority within the set statutory periods concerned. These relate to Legal Partnerships (between solicitors and barristers and barristers and barristers - solicitors can already operate in partnerships), Multi-Disciplinary Practices (where legal practitioners can provide their services together with other non-legal services providers) and certain restrictions on the work of barristers.

On 31 March 2017 the Regulatory Authority presented its report under section 118 on Legal Partnerships which was laid before the Houses of the Oireachtas on 28 April 2017 and a further short report on the same issue submitted by the Authority on 31 July 2017 is in the course of being laid before the Houses.

On 31 March 2017 the Authority also presented its initial report under section 119 of the Act in relation to Multi-Disciplinary Practices which was laid before the Houses on 28 April 2017. Following its conduct of the relevant public consultations the Authority has submitted a final report on this issue on 29 September 2017 which will, as required, be laid before the Houses.

On 6 April 2017, the Authority commenced its public consultations under section 120 of the 2015 Act about certain restrictions on the work of barristers. These arise with regard to the holding of clients’ monies and to the direct provision of services to a client in relation to contentious matters. The Authority submitted its report following these consultations on 29 September 2017 which is in the course of being laid before the Houses of the Oireachtas.

The Deputy will also wish to note that the Legal Services Regulatory Authority submitted its first Annual Report under the Act on 26 April 2017 which was duly laid before each House of the Oireachtas on 18 May 2016.  The Authority also makes such reports available, as appropriate and when laid before the Houses, on its website.

Having delivered these key reporting obligations the current working focus is very much on the managed roll-out of the Authority's remaining functions with the matching development of its organisational capacities and office and staffing resources which are essential to effective delivery. Following these steps, the key structural reforms of Part 6 of the 2015 Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners' Disciplinary Tribunal dealing with both solicitors and barristers, will be commenced. Members of the public will no longer make complaints about alleged professional misconduct by legal practitioners through the legal professional bodies as happens at present, but rather through the independent Regulatory Authority.

In a key development the Authority has, this summer, completed its public recruitment and appointment of a full-time Chief Executive. It has also recently secured larger office premises in support of the coming into operation of its respective functions. This will also facilitate the Authority in appointing and determining the duties of further staff under sections 25 and 26 of the 2015 Act with the relevant approvals of the Minister for Public Expenditure and Reform. As with earlier commencements made under the 2015 Act, Statutory Instruments will issue as appropriate to the relevant sections or Parts of the Act concerned.

I and my Department continue to work closely with the Authority to enable it to come into substantive regulatory mode at the earliest opportunity.  The phased start-up of its various functions will continue to need careful project management. It will also require the ongoing identification, in conjunction with the Authority, of the more specific delivery dates for the respective independent functions involved during the remainder of this year and into 2018. These are matters in relation to which I expect greater detail to become available soon.