REACTION:REPRESENTATIVES OF the legal professions have criticised reform measures proposed by Minister for Justice Alan Shatter. However, the Minister described the publication of the Legal Services Regulation Bill as "a good day for the consumer and the legal profession".
The criticism of the Bill from the representative bodies, the Law Society and the Bar Council, centres on the proposed new regulatory authority, which, according to Law Society director general Ken Murphy, takes a form “unknown in any other democracy”.
"This has serious implications for the independence of the legal profession, with knock-on effects for the independence of the judiciary. It is also likely to be excessively costly at a time of great economic distress for the professions and the public generally," he told The Irish Times.
“Our main concern is that a body is being created that does not have any incentive to contain costs because the costs are being borne by the professions and ultimately by the public,” he said. The council of the Law Society would meet tomorrow to consider the Bill, he added.
Paul O’Higgins, chairman of the Bar Council, raised concerns about the regulatory structure, the introduction of multidisciplinary partnerships, and their impact on access to justice for the public at a time of serious cutbacks in legal aid. The Bill went beyond the Competition Authority’s recommendations, both in its proposed regulatory structure and in the extent of the oversight it grants to government, he said.
“If the collective government or an individual minister has final say over all aspects of the regulatory function and code of conduct, this could cause problems for barristers taking such a stance .”
The Bar Council recognised the desire of the EU and the IMF to reduce costs, but legal costs had been declining dramatically, with severe cuts in criminal and civil cases, he said.
The introduction of partnerships would diminish rather than increase competition, thereby increasing costs, he added.