THE IMF has obtained assurances from the Department of Justice that the Legal Services Regulation Bill will not damage the independence of the legal profession.
The department said the Minister was preparing amendments to the Bill to reinforce the proposed new regulatory authority’s independence from executive control or interference.
The IMF wrote to the department following representations from the organisation representing lawyers in Europe, the CCBE, and the American Bar Association, who said the current proposals “constitute a grave threat to the independence of the legal professions in Ireland”.
In its response to the lawyers’ groups, the IMF said: “The IMF considers the rule of law to be a key ingredient in fostering a positive business and investment climate. It also recognises that the maintenance of the rule of law is underpinned by strong and independent institutions, including the judiciary and the legal profession.”
It said the Government had said it supported the principle of the independence of the legal profession and was prepared to amend the Bill to address the concerns raised by the IMF and others, and had authorised the IMF to share the contents of its letter in response to those concerns.
This stated: “It would be our view that there has been substantial positive movement towards addressing concerns about independence and the regulatory interface with Government that have been raised in relation to the new Legal Services Regulation Bill.
“We would hope and anticipate that the position taken by Minister Shatter in relation to the development of the Bill and constructive amendments will foster further positive engagement with the professional bodies and other stakeholders on the key issues.”
The Bill continues to be debated in the Dáil this week.
Last month former attorney general John Rogers said the proposed legislation would make the legal profession “subject to indirect supervision and control by the Minister for Justice”.
Speaking at the Duleek branch of the Labour Party, of which he is a member, he asked why the Government had adopted a policy “to vest such extraordinary controlling power in the Minister for Justice”.
The Irish Council for Civil Liberties has also expressed reservations about the Bill.
It noted advantages in the independent regulation of lawyers and judges. However, it recommended that the Bill be amended to ensure that the appointment of personnel to the regulatory authority be carried out by an independent body, and that the control of the functions of the authority be confined to the authority, without ministerial influence.