· New Regulatory Authority held its first meeting on today
· Tánaiste met and congratulated Dr. Don Thornhill, Chairperson, and the
other members of the new Authority to mark this historic occasion.
· Their appointment is effective from 1 October 2016 which the Tánaiste
had previously set by order as establishment day for the new body.
· The new Regulatory Authority will now engage in the roll-out of its
functions in tandem with the phased commencement of the various Parts of
the Legal Services Regulation Act being undertaken by the Department.
· Contact and website details for the new Legal Services Regulatory
Authority will be announced soon.
The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald, has
met the board members of the Legal Services Regulatory Authority, which
held its first meeting today.
The Tánaiste said: “Today’s inaugural meeting of the Authority is a further
key step in the historical structural reform of the legal services and
legal costs regimes under the Legal Services Regulation Act 2015.”
“I am delighted that Dr. Don Thornhill and the members of the Authority
have held their first meeting today He and his colleagues on the Authority
will bring much experience, knowledge and direction to the roll-out of the
new regulatory regime being introduced under the Legal Services Regulation
Act 2015. The new Authority is now an independent regulator in its own
right.”
Along with officials of her Department, the Tánaiste will continue to
facilitate the new body in assuming all of its functions over the coming
period, while very much appreciating that this will be a major endeavour to
manage not least because of the critical regulatory role that it will
perform.
“My Department will continue to liaise closely with the Regulatory
Authority in coordinating the phased and effective commencement of the
various Parts of the Legal Services Regulation Act over the coming period.”
the Tánaiste added.
“It is important to recall why we proposed this legislation and worked so
hard to get it enacted last year. We have delivered on our commitment to
establish independent regulation of the legal profession to improve access
and competition, make legal costs more transparent and ensure adequate
procedures for addressing consumer complaints”.
The eleven Members of the Legal Services Regulatory Authority, which has a
lay majority and a lay Chair, are initially put forward by the ten
prescribed nominating bodies set out in the 2015 Act. This is done by way
of ensuring the independence of the new body while also representing a
balance of interests between legal practitioners and those consumers who
avail of their services. The Members, who have all been duly approved for
appointment by resolutions of both Houses of the Oireachtas, are: -
· Angela Black - The Citizens Information Board
· Don Thornhill – Chairperson - the Higher Education Authority
· Deirdre McHugh - the Competition and Consumer Protection Commission
· Gerry Whyte - the Irish Human Rights and Equality Commission
· Stephen Fitzpatrick - the Institute of Legal Costs Accountants
· Dermott Jewell - the Consumers Association of Ireland
· David Barniville - the Bar Council
· Joan Crawford - the Legal Aid Board
· Eileen Barrington - the Honorable Society of King’s Inns
· Geraldine Clarke and James MacGuill - the Law Society
Initial office accommodation has been identified for the Regulatory
Authority that will accommodate a small start-up team to commence
operations. While the new Authority is to be self-funding under a statutory
levy on the legal professions, financial support for the start-up is being
provided from the Justice Vote.
_____________________________________
NOTE:
Phased Commencements Strategy
It is intended that the phased commencement of the remaining Parts of the
2015 Act will be implemented over the remainder of this year - with some
carry-over anticipated into early 2017 in relation to major undertakings
such as the start-up of the Authority’s critical public complaints
function. The current phase will, therefore, include the phased
commencement of Parts of the 2015 Act such as those dealing with legal
costs, the new Office of the Legal Costs Adjudicator, the Roll of
Practising Barristers and Pre-Action Protocols.
The current phase will, therefore, include the phased commencement of Parts
of the 2015 Act such as those dealing with legal costs, the new Office of
the Legal Costs Adjudicator, the Roll of Practising Barristers and
Pre-Action Protocols.
Following this, the key provisions centred around Part 6 of the Act dealing
with the new public complaints and professional conduct and disciplinary
procedures, and the appointment of the new Legal Practitioners Disciplinary
Tribunal, will be commenced. Some early commencements of specific sections
will also be necessary to meet statutory deadlines.
Key Provisions of Act
The key levers of reform which are contained in the 2015 Act and will come
under the stewardship of the new Regulatory Authority are -
· a new and independent, Legal Services Regulatory Authority with
responsibility for oversight of both solicitors and barristers.
· an independent complaints system dealing with legal professional
misconduct. This will provide a first port-of-call for the public in
making complaints independent of the legal professional bodies. There
will also be a new and independent Legal Practitioners’ Disciplinary
Tribunal to adjudicate on serious misconduct in relation to both
solicitors and barristers.
.an enhanced legal costs regime bolstered by a set of Legal Costs
Principles and which places more extensive obligations on both
solicitors and barristers to keep clients informed about the details
of their legal costs.
Separately, the new Office of the Legal Costs Adjudicator will assume
the role of the existing Office of the Taxing-Master and keep a
public register of its legal costs determinations.
· a framework for new legal business models. These new business
structures will include public consultation and the early
introduction of “Legal Partnerships” between barristers and
solicitors or between barristers themselves. Provision is also made
for the introduction of “Limited Liability Partnerships”. Lawyers
will now, as a matter of law, be able to avail of the new legal
business models and to operate them freely. The more traditional
forms of legal practice will, of course, remain available to
practitioners but now as a matter of greater choice.
A pathway is also provided under the 2015 Act for the introduction,
on foot of formal research and public consultations, of
“Multi-Disciplinary Practices” whereby services can be provided at
more competitive cost by legal and non-legal service providers
together.
(See attached file: ~6182082.jpg) - Tánaiste with LSRA Board (See
attached file: ~7951179.jpg) - Tánaiste with Dr. Don Thornhill Chairperson
of the LSRA