Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

194. To ask the Tánaiste and Minister for Justice and Equality if the revenue-raising functions of section 95 of the Legal Services Regulatory Act 2015 have been implemented; and his views on same. [47650/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Section 95 of the Legal Services Regulation Act 2015 is one of a series of sections in Part 7 of that Act which provide for the raising of a levy to be paid by the Law Society, the Bar Council and other practising barristers. In each given year, the levy will be calculated, under the Act, by reference to the Authority's actual expenditure of the previous year with due regard also to the actual number and costs of complaints received in respect of the legal professions and the costs of running the new Legal Practitioners' Disciplinary Tribunal during that period. Such costs will be apportioned for annual levy purposes as appropriate to each category of legal practitioner concerned. Under this levy mechanism, when commenced, the Legal Services Regulatory Authority will operate on a self-funding basis.

The raising of the levy under the 2015 Act is also contingent upon the establishment of the Roll of Practising Barristers to be introduced under Part 9 of the 2015 Act and for which section 133 allows a six-month lead-in period. The Roll will comprehend all practising barristers providing legal services whether or not they operate within the Law Library. The Law Society will continue to maintain the Roll of Practising Solicitors.

These two Parts of the 2015 Bill will be commenced and put into operation once the relevant preparations have been made for the new Roll of Practising Barristers under section 133 and the relevant calculations for the levy can be applied on foot of actual expenditure by the Legal Services Authority under section 95.

An allocation of €1 million was disbursed under the Justice Vote for 2016 as set-up support for the new Regulatory Authority with a similar amount expected to be disbursed for 2017. Any funding advanced under this interim arrangement is being provided on a recoupable basis to support the Authority until its own levy framework comes into operation.