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Review Of Legal Services Regulation Bill: Critique Of The LSRA

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Critique of the Legal Services Regulation Bill

In 2011, The Department of Justice & Equality put forward the Legal Services Regulation Bill. The Bill's proposal followed The Programme for National Recovery 2011-2016 in which the government has undertaken the establishment of a Legal Services Regulatory Authority. The LSRA will enjoy independence to oversee both of the legal professions and the legal-services market.1 The Bill also makes provision for an office of the Legal Costs Adjudicator to assume the role of the existing Office of the Taxing Master which will be conferred with enhanced transparency in its functions.2 In an attempt to improve public awareness and access to legal costs information, the legal costs regime will be brought …show more content…

The Department of Justice & Equality believes that these provisions will “better balance the respective interests of the public, consumers and legal professionals in their respective provision and consumption of legal services.”4 In order to perform these functions, the LSRA will be able to do whatever it considers necessary, for example, co-operating with other professional bodies.5 Contrary to popular belief, the LSRA will have structural independence. The LSRA's governance will consist of 11 members, including; two members each from The Bar and The Law Society, an accountant and an officer of the Minister for Justice & Equality. The government will do its best to ensure that each member meets the necessary requirements and expertise such as legal education and training and specific knowledge in maintenance of standards in professions regulated by a statutory body.6 The level of government involvement and influence on these decisions and on the independence of the LSRA has been subject of considerable debate and criticism. It can be made clear now that any interaction between the minister and the new independent regulatory regime under the Bill is intended to serve the public interest and democratic accountability.7 Any reasonable test would prove that the …show more content…

The LSRA is composed of 11 members which are appointed by the government. It is understood that the most concerning feature of the composition of the authority is the ability of the government to appoint and remove members of the LSRA. As a result, this has come under serious scrutiny and criticism of late. As former Chief Justice Ronan Keane stated:
“It is not enough for the bill to say that they should be independent in the discharge of their functions. It must offer assurance through the method of appointment, the manner in which they are remunerated, and the manner of their dismissal or removal from office.... In relation to all those matters, these must be consistent with them being an independent body.”8
The Department of Justice & Equality recognises these concerns and in an effort to legitimise and underline the independence of the LSRA, the following amendments, regarding the membership of the authority, are being proposed;

a) 3 persons nominated by the Law Society of Ireland;
(b) 2 persons nominated by the Bar Council of

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