Wilson highlights need for independent regulation of legal profession

Finance Minister Sammy Wilson has stated his belief that the regulation of the legal profession in Northern Ireland is not consistent with best practice.

He was speaking after meeting with the “Victims of the Legal Profession Society”, a cross-border support organisation for individuals who have suffered at the hands of their lawyers.

The Minister welcomed the chance to speak with the body and listen to their concerns and said: “I have been hearing concerns from many of my constituents about the actions of their solicitors recently. Meeting with this group of individuals, who have bad experiences of their dealings with the legal profession, has crystallised in my mind the need for changes to be made to the way in which the legal profession is regulated.”

The Minister indicated that he shared some of the group’s concerns, in particular the view that there is currently a lack of independence in relation to the investigation of complaints made against solicitors. In recent months, the Minister has been considering the report presented to Government by the Legal Services Review Group, chaired by Professor Sir George Bain and the Minister indicated that while he believed the recommendations to be a step in the right direction, he had some reservations that they did not go far enough.

The Minister continued: “Responsibility for regulation of solicitors currently rests with my department; however this may transfer to my colleague, Justice Minister David Ford, in due course. I intend to recommend to him that he has a close look at Bain as I believe that we can do more to strengthen the existing system. Users of legal services should have access to a complaints system that is open, transparent and independent and I hope that any future legislation will reflect those aims.

“It cannot and must not be left to solicitors to regulate themselves. The complaints which I receive about the Law Society indicate that it is not giving the confidence required to those who feel they have been let down by their solicitors. Given that complaints have been made about the performance of one in five solicitors’ firms the current arrangements cannot be kept as they are.”

Notes to editors:

1. Regulation of the solicitors profession is currently the responsibility of the Department of Finance and Personnel under the terms of the Solicitors (NI) Order 1976, as amended. Upon devolution of justice to the Northern Ireland Assembly, initial agreement has been reached in principle between Ministers that the function should transfer to the Department of Justice. It is expected that the powers will transfer in early 2011.
2. The Legal Services Review Group, chaired by Professor Sir George Bain, reported to Government in November 2006, outlining 42 recommendations under the headings of regulation, complaints-handling and competition. The Executive has agreed in principle to implement the Bain recommendations with draft legislation being under preparation. It is anticipated that decisions on the draft Bill will be taken by David Ford in 2011. The report is available from the Stationery Office or from the DFP website.
3. Media enquiries only to DFP Communications Office on 028 9052 7278 or 028 9052 27375. Out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.