Shatter slams ‘bogus claims’ of Law Society

LAWYERS are making “bogus” claims about threats to the independence of the profession in order to escape regulation, according to Justice Minister Alan Shatter.

He was responding to criticism from the Law Society of proposed rule changes aimed at making legal fees cheaper and creating an independent oversight body for the profession.

Lawyers had expressed concern that the ultimate decision-maker under the proposed Legal Services Regulatory Authority would be the justice minister.

The Law Society said the authority should operate at “arm’s length” from the government of the day.

But introducing the Legal Services Regulation Bill in the Dáil yesterday, Mr Shatter signalled amendments might be made to reduce the minister’s involvement with the authority.

“I am already considering some relevant amendments for committee stage such as removing the requirement for the minister’s consent being obtained for any code of practice the regulatory authority proposes be observed by the legal profession,” he said.

“There is nothing contained in the bill which enables any minister for justice or the government of the day to improperly intervene in legal proceedings.”

He said it was “unfortunate” that the Law Society and the Bar Council were “using the Trojan Horse of a bogus threat to the independence of the professions to oppose self-regulation being replaced by independent regulation and to raise false fears of state oppression”.

Fianna Fáil said it was concerned the new, independent regulatory authority would be appointed by the minister.

“This body will, in essence, control and regulate the legal profession. Given the extent of the powers outlined by the minister and the importance of the legal system in the running of the country, this body will require scrutiny more than most,” said the party’s justice spokesman, Dara Calleary.

“That the minister will be responsible for the appointment of seven out of 11 members of a so-called independent regulatory authority is a cause for concern as to its independence.”

Mr Shatter said the Government appoints judges and this does not undermine judiciary independence. So “how can it credibly be alleged that appointment of members to the legal services’ regulatory authority by government will undermine its independence?” he asked.

Mr Calleary said the minister and department “are now central to every activity of the legal sector in this country”, which created challenges.

“The state is often a litigant or a defendant in cases. This presents a conflict of interest. A minister may at any time decide to challenge the authority or to change the powers of the authority by means of the seven ministerial appointees,” said Mr Calleary.