THE BILL providing for independent oversight of the legal professions, the Legal Services Ombudsman Bill, has been published by the Minister for Justice.
Under it a Legal Services Ombudsman, who will be independent and cannot be a solicitor or barrister, will be appointed by the Minister for six years, and can be reappointed.
Announcing its publication the Minister, Brian Lenihan, said: "The Government is anxious that regulation of the legal profession is improved and strengthened. The enactment of this Bill, in addition to the existing forms of oversight, will ensure that the highest of standards are maintained in the legal professions.
"The ombudsman will ensure real improvements in the quality control of the delivery of legal services and the manner in which the public perceived such control to exist."
He pointed out that the key functions of the ombudsman will be to provide a review for clients of the legal professions who are dissatisfied with the handling of a complaint by their respective professional bodies, to oversee their complaints procedures, and to monitor and report annually to the Minister and the Oireachtas on the adequacy of the admissions policies of both professions.
He also indicated that as the Bill progressed through the Oireachtas he would consider any practical amendment that complemented its overarching purpose, to improve the regulation of the legal professions.
The Bill was originally part of the Civil Law (Miscellaneous Provisions) Bill 2006, but was taken out for further development after controversy concerning solicitors Michael Lynn and Thomas Byrne.
The Bill provides for the ombudsman to appoint staff to assist in the performance of his or her duties, which will include regular reports to the Oireachtas and to the Comptroller and Auditor General.
It also provides for reports to be made to the Minister and the Oireachtas, which could include recommendations on the modification of the role of the office, as well as the adequacy of the existing means of entry into the professions and of disciplinary procedures within them.
The Law Society and the Bar Council will be levied, in a ccordance with their relative numbers, to pay for the ombudsman, his or her staff and office.
It will have compellability of witnesses or documents, and its
reports will enjoy privilege against defamation proceedings.
Individuals or the professional bodies may ask the High Court to
stop an
investigation, and the High Court can also be asked to decide
on instances where the ombudsman
might refuse to discuss specific cases before committees of
the Oireachtas.
The ombudsman will replace the Independent Adjudicator, who
already reviews complaints made
to the Law Society.
The Law Society welcomed the Bill's publication. "The existing
system of regulation of the solicitors'
profession is characterised by all-pervasive external
supervision and control by independent people
including the President of the High Court, the Minister for
Justice, the Independent Adjudicator
and the non-lawyer nominees of Ibec, Ictu and the Director of
Consumer Affairs," it said.
"The Law Society unreservedly recognises that the system can be
improved, however, and welcomes
the draft legislation to introduce a Legal Services
Ombudsman, together with the non-lawyer
majority on the society's complaints and client relations
committee." The Bar Council also welcomed
the Bill, describing it as "a progressive step in improving
access to justice and the administration of
justice".