Pa Daly (Kerry, Sinn Fein)
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1217. To ask the Tánaiste and Minister for Justice and Equality when she plans to issue regulations giving effect to the provisions of section 12 of the Mediation Act 2017. [14365/21]

Helen McEntee (Meath East, Fine Gael)
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Section 12 of the Mediation Act 2017, provides that, subject to certain conditions, the Minister for Justice may, by Order, declare that a specified body shall be recognised for the purposes of the Act as the Mediation Council of Ireland. 

Under my Justice Plan 2021, it is the intention that the Order be made, with the continuing engagement of the mediation sector, by the end of Quarter 2 of this year so that the new Council will be established. This reform will support the ongoing development of the mediation profession as an accessible alternative to more costly and time-consuming legal proceedings with long-term benefits for both private citizens and enterprise.

Before such a body can be recognised it must first meet the minimum requirements set out in the Schedule to the Act. The Schedule sets out its functions which include the promotion of the mediation sector, the establishment of a register of mediators and the development of codes of practice for ministerial approval. It also provides that the Council will have eleven members five of whom will, in broad terms, be representative of the mediation sector and six of whom, including the Chair, will be appointed to represent the public interest whose selection criteria will be made public at the appropriate time. Again, under the 2017 Act, such an Order cannot be made unless the body concerned complies with the minimum requirements specified in the Schedule and is sufficiently representative of mediation interests involved in the mediation sector.

The Legal Aid Board has previously brought together an informal group of key stakeholders by way of developing proposals for the establishment of the Mediation Council under the relevant terms of the 2017 Act. Initial proposals made by the group have been under consideration by my Department. These remain the subject of ongoing development and discussion with the mediation sector and other stakeholders in preparation for the relevant Order being made. As required under the Act, I will be giving public notice of my intention to make the Order and making a draft of it available on my Department’s website while allowing 30 days for public submissions.

A draft of the proposed Order will be laid before both Houses of the Oireachtas for approval by resolution before the Order is finally made.