Written answers

Tuesday, 10 November 2020

Department of Justice and Equality

Legal Services Regulation

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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630. To ask the Tánaiste and Minister for Justice and Equality the date on which an ombudsman will be appointed to the Office of the Legal Services Ombudsman; and if she will make a statement on the matter. [35191/20]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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631. To ask the Tánaiste and Minister for Justice and Equality if she has been provided with quarterly financial reports from the Office of the Legal Services Ombudsman for the year to date in 2020. [35192/20]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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632. To ask the Tánaiste and Minister for Justice and Equality the amount granted to the Office of the Legal Services Ombudsman from organisations (details supplied) in 2019 and to date in 2020. [35193/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 630, 631 and 632 together.

The Legal Services Ombudsman Act 2009, allowed for the establishment of an Office of a Legal Services Ombudsman. The Legal Services Ombudsman was to have been an appeal body for clients of solicitors and barristers who were dissatisfied with the decisions taken by the Law Society or Bar Council on clients’ complaints of inadequate services, excessive fees and/or misconduct.

However, the Legal Services Ombudsman Act 2009 was never commenced and was repealed by Section 5 of the Legal Services Regulatory Act 2015. The Legal Services Regulatory Authority (LSRA) became substantially operational following the commencement of Part 6 of the 2015 Act with effect from 7 October 2019.

Part 6 of the Act provides for the introduction of an independent complaints and professional conduct regime for legal practitioners. It also provides for the informal resolution of disputes where this is possible. Members of the public may now make complaints about alleged professional misconduct by legal practitioners to the LSRA.

Section 13(1) of the 2015 Act also states, inter alia, “that the Authority shall regulate the provision of legal services by legal practitioners”. Section 13 (4) states “the Authority shall, in performing its functions of the regulation of the provision of legal services under this Act, have regard to the objectives of—

(a) protecting and promoting the public interest,

(b) supporting the proper and effective administration of justice,

(c) protecting and promoting the interests of consumers relating to the provision of legal services,

(d) promoting competition in the provision of legal services in the State,

(e) encouraging an independent, strong and effective legal profession, and

(f) promoting and maintaining adherence to the professional principles specified in subsection (5).”

The 2015 Act also provides for a new and enhanced legal costs regime bringing greater transparency to how legal costs are charged by legal practitioners. The Office of the Legal Costs Adjudicator (OLCA) replaced the Office of the Taxing Master with effect from 7 October 2019. In addition to the previous powers of the Taxing Masters, the OLCA deals with disputes on legal costs between parties involved in litigation in the Superior Courts and other matters, such as disputes relating to costs between a legal practitioner and their client.

A new and independent Legal Practitioners’ Disciplinary Tribunal is also being established and will deal with those serious matters of alleged misconduct by lawyers referred to it by the Legal Services Regulatory Authority.

Further details can be found in the Annual Reports of the LSRA and its Annual Accounts which have been laid before the Houses under the relevant terms of the 2015 Act and in the Authority’s various other publications which can also be found on its website www.lsra.ie.

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