Sir, – I recollect that when, as minister for justice and equality, I published the Legal Services Regulation Bill in 2011, prescribing substantial reforms of the legal profession, both the Law Society and the Bar Council predicted a legal armageddon, destruction of the independence of the legal profession and that the constitutional roof would fall in.
The Bill was rapidly prepared and published under the watchful eye of the troika (the International Monetary Fund, the European Central Bank, and the European Commission), whose insistence that the legal profession be brought into the 21st century coincided with one of my own long-promoted policy objectives.
Publication of the Bill was followed by a consultative process to iron out its wrinkles and imperfections and to ensure its proper working to the benefit of both the profession and consumers. The initial hostility to the Bill of the Law Society, representing solicitors, ameliorated over time as it was understood I was receptive to proposals to genuinely improve the Bill. The Bar Council, representing barristers, remained implacable in their opposition, with some members of the Bar convincing gullible members of the media and the opposition that I was intent on the Bar’s destruction. The vitriol of some of the criticism voiced was truly astonishing. The lobbying undertaken against enactment of the Bill, including behind the scenes lobbying of then-taoiseach Enda Kenny denigrating my personal motivation, was vicious and implacable.
My recollection is that the Bill completed committee stage in the Dáil shortly prior to my resignation as minister in May 2014 which resulted, according to media reports, in champagne corks popping in the Bar Library. It was ultimately enacted as the Legal Services Regulation Act 2015.
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The Act retained the Bill’s many original reforms, including providing for the establishment of a Legal Services Authority, an independent disciplinary process to adjudicate on complaints of misconduct made against members of the legal profession, the establishment of the Legal Practitioners Disciplinary Tribunal and the carrying out of inspections of legal practices. In addition, it contained new provisions relating to legal costs and for those disputed to be adjudicated by the Office of the Legal Costs Adjudicator, for the appointment of solicitors as senior counsel, the establishment of legal partnerships, multidisciplinary practices, limited liability practices, new codes of professional practice and for direct access to a barrister’s professional legal advice by members of the public.
While the Bill was, as expected, amended during the ongoing legislative process, following my departure from cabinet, its core provisions and objectives remained intact.
The 2011 Bill contained interim provisions and it was always envisaged its reforms would be implemented in stages. A period of three years was anticipated for its full implementation. Ten years was never expected.
While many of the 2015 Acts provisions came into force some years ago, its innovative provisions enabling the creation of partnerships between barristers and solicitors have only now been activated. They are designed to provide consumers of the legal profession with a one-stop shop, to effect greater efficiency, competition and reduce legal costs. They are among the provisions which generated much of the Bar Council’s ire, voiced by some who are today members of the judiciary. Their introduction, despite past controversy, has barely generated a whimper. Their welcome but belated implementation should in the coming years transform the legal profession as we know it. It is crucial that proper oversight ensures they result in the genuine reduction in legal costs intended.
So far the roof has not fallen in. I am not expecting it will. –Yours, etc,
ALAN SHATTER,
Dublin 16.