Call for regulation of legal profession to be independent

AN INDEPENDENT and modern model of regulation of the legal profession would serve the public interest, Mayo Fine Gael TD John O’Mahony told the Dáil.

“The best examples of the failure of the current system to regulate its members are almost certainly not in the public domain, having been sheltered by an ineffective, non-transparent and self-regulatory regime.’’

Speaking during the resumed debate on the Legal Services Regulation Bill, Mr O’Mahony said the regulation of the entire legal profession was of fundamental importance to the proper administration of justice in Ireland.

“The vast majority of barristers and solicitors are above reproach, but it is vital that any deviation from the highest standards is dealt with in a fair, independent and transparent way.’’

He said that until now, rightly or wrongly, the view among the public was that barristers and solicitors had not been regulated in any meaningful way.

“They would say that very few barristers have been censured or suspended, although there have been some examples recently.’’

Mr O’Mahony said solicitors lived in the real world and were not immune from the current economic difficulties.

Eoghan Murphy (FG, Dublin South East) said it was important that the appointment of a new regulatory authority be transparent and not influenced by day-to-day political concerns.

He suggested that there might be a role for the Commission for Public Appointments or a similar body to nominate members for the Government to appoint to the authority.

He agreed with Minister for Justice Alan Shatter that it was important for the authority to have a lay majority.

However, it might be a good idea for those lay members to be nominated from particular sectors of our society, such as the non-governmental sector or other professional bodies.

Aengus Ó Snodaigh (SF, Dublin South Central) said the control exerted by the Minister through the proposed appointments mechanism was a retrograde step.

He said there was a need to be careful to ensure that nothing in the Bill reversed the downward trend in legal costs or made access to the law more expensive.

Alex White (Labour, Dublin South) said there must be proper debate and consultation with all those involved.

“We need to listen carefully to what the professions have to say, but we must legislate in the public interest, which requires a broad view to be taken.’’