The Government has announced that it is bringing forward legislation to establish a legal services ombudsman. Carol Coulter, Legal Affairs Editor, reports.
The provision, which was originally part of the Civil Law (Miscellaneous Provisions Bill), will be brought forward in a separate Bill in weeks.
However, the new Bill will not deal with the issue of regulation of solicitors but the overseeing of the profession.
Meanwhile, there are signs of growing disquiet within the Law Society about its dual role as both a representative body for solicitors and the main body involved in their regulation.
One local solicitors' organisation has called for a special meeting to discuss it with concern increased by the Lynn and Byrne cases.
In its report of over a year ago the Competition Authority sought a legal services commission, an external regulating body for all lawyers, which would regulate the two branches of the profession, barristers and solicitors, and set standards for training.
This was opposed by the Law Society, which defended the existing system whereby the Law Society regulates and disciplines the profession, as well as representing it.
The director general of the society, Ken Murphy, pointed out that the committee within the Law Society that deals with disciplinary matters and regulation is distinct from the bodies dealing with representation.
Shortly afterwards, the then minister for justice Michael McDowell proposed the establishment of a legal services ombudsmato oversee the handling of complaints by the Law Society and Bar Council, hear appeals from their disciplinary committees and monitor entry to the professions.
This proposal was not enacted, and the matter fell off the agenda until the recent controversy.
The issue of regulation was raised at the recent annual general meeting of the Tipperary Solicitors' Bar Association.
When contacted by The Irish Times, the secretary of the association, Ronan Kennedy, said: "It was decided that at a future date there would be a general meeting of the Bar Association with a view to having an informed discussion and debate on the entire question of the regulation of the profession, with information to be presented on the regime in this jurisdiction and other similar jurisdictions."
A prominent Dublin solicitor, who preferred not to be named, said: "An awful lot of people believe the dual role was wrong. I would prefer to have a representative trade union type body and let the Government do what it wants about regulation."
Another, who also preferred not to be named at this time, said: "We know we have to be regulated. We know we have to be spot-audited, for our own protection. The vast majority of solicitors would not care if it was done outside, and it would probably be better from a public perception point of view."