News and Events
News and Events
Parchment -Closing Argument- Autumn 2011
IS THIS WHAT YOU SIGNED UP FOR?
Do you remember this time last year? Sure you do. Ireland Inc had fallen off a cliff, we had sold the family silver and we had to call in the moneylenders or we were going to be living in some sort of industrial wasteland eating out of the bins. The EU/IMF/ECB troika came riding to the rescue and kindly offered to get us out of this little hole. Here's some money, just sign here and here and everything is going to be ok. Do we have a choice, we said. Not really, they said. Just do as we tell you, we know what we are doing and you guys clearly don't.
And so this scenario came to pass. [This is not necessarily an accurate depiction of events but don’t be surprised if it went something like this]
Troika - "Right lads, nearly there. Just a few more boxes to tick and you can go home with a nice fat cheque. What about the legal profession? Presume they're coining it. We can’t leave the ‘bash the lawyers’ section blank. Help us here guys."
Last government (sweat pouring off their collective forehead and willing to sign anything to stop the pain) - "eh, not much. We have these couple of reports on the shelf (points to hefty tomes covered in dust) The competition authority did a report a few years ago. No one took much notice; most of it was academic nonsense. Oh and yeah, we have these cost reports which were well meaning but they would have cost far too much to implement so everyone kinda pretended as if they weren't there."
Troika (weary smile and ticking another box) - "Nice one boys. How about we just say we're gonna implement those reports, it will reduce legal costs and everyone will be happy. Well, apart from the lawyers, obviously, but that's an added bonus isn't it?" (chuckles in nerdy manner)
Last government (losing the will to live and seeing the finishing line in sight) - "Sure, can we go home now?"
Troika (metaphorically stroking cat) - "Not till we've finished. Now what about those pharmacists, seem too rich to me...."
And so you have some idea of why we are where we are with the Legal Services Regulation Bill. But only some idea. When the EU/IMF memorandum of understanding was signed, it committed us to implementing the Competition Authority report as well as the Miller and Haran costs reports. We have no choice about this, whatever the circumstances surrounding it were.
However, what is really worrying and should be sending shivers down the spine of every member of this profession is that the Minister of Justice has gone far further than the competition authority ever envisaged. In fact, the model of regulation which the Minister now espouses was specifically outruled by the Competition Authority. It was also considered in England by Sir Roger Clementi when he was preparing a similar study into the regulation of the professions there. He was also quite clear in rejecting it.
To the best of our knowledge, there is no example of this degree of government controlled regulation in any western democracy. Essentially, the minister has taken regulation out of the hands of our profession and taken it under his wing. He, and all successive ministers, will have the final say on who sits on the board of the new authority and all employees of the new system will be civil servants ie controlled by government.
There is absolutely no need of this. While it would be wrong to doubt the minister's motives (I’m sure he is doing what he thinks is right), it is not remotely clear why this model has been chosen. Surely, it is naive to believe that this level of control won't be abused at some point in the future. Clearly, the current minister wouldn't seek to do so but what if a less honourable minister for justice in a less honourable party (not naming names but use your imagination here) were to take over and seek to silence lawyers taking on the state.
Is there a more appalling vista? Personally, I can't think of one. This new system will cost us all a lot of more but really, that is the least of our concerns. Do you remember when you got your parchment and were told you were joining an august profession where you would right wrongs and fight the good fight?
Well, the very values and independence of that profession is under attack like never before. But all is not lost until this bill is enacted. You have a choice now. You can lie back and get screwed or say no, I won't take this. If we truly are a profession and really are proud of what we do, then the answer is easy. Stand up and fight.
Stuart Gilhooly
Do you remember this time last year? Sure you do. Ireland Inc had fallen off a cliff, we had sold the family silver and we had to call in the moneylenders or we were going to be living in some sort of industrial wasteland eating out of the bins. The EU/IMF/ECB troika came riding to the rescue and kindly offered to get us out of this little hole. Here's some money, just sign here and here and everything is going to be ok. Do we have a choice, we said. Not really, they said. Just do as we tell you, we know what we are doing and you guys clearly don't.
And so this scenario came to pass. [This is not necessarily an accurate depiction of events but don’t be surprised if it went something like this]
Troika - "Right lads, nearly there. Just a few more boxes to tick and you can go home with a nice fat cheque. What about the legal profession? Presume they're coining it. We can’t leave the ‘bash the lawyers’ section blank. Help us here guys."
Last government (sweat pouring off their collective forehead and willing to sign anything to stop the pain) - "eh, not much. We have these couple of reports on the shelf (points to hefty tomes covered in dust) The competition authority did a report a few years ago. No one took much notice; most of it was academic nonsense. Oh and yeah, we have these cost reports which were well meaning but they would have cost far too much to implement so everyone kinda pretended as if they weren't there."
Troika (weary smile and ticking another box) - "Nice one boys. How about we just say we're gonna implement those reports, it will reduce legal costs and everyone will be happy. Well, apart from the lawyers, obviously, but that's an added bonus isn't it?" (chuckles in nerdy manner)
Last government (losing the will to live and seeing the finishing line in sight) - "Sure, can we go home now?"
Troika (metaphorically stroking cat) - "Not till we've finished. Now what about those pharmacists, seem too rich to me...."
And so you have some idea of why we are where we are with the Legal Services Regulation Bill. But only some idea. When the EU/IMF memorandum of understanding was signed, it committed us to implementing the Competition Authority report as well as the Miller and Haran costs reports. We have no choice about this, whatever the circumstances surrounding it were.
However, what is really worrying and should be sending shivers down the spine of every member of this profession is that the Minister of Justice has gone far further than the competition authority ever envisaged. In fact, the model of regulation which the Minister now espouses was specifically outruled by the Competition Authority. It was also considered in England by Sir Roger Clementi when he was preparing a similar study into the regulation of the professions there. He was also quite clear in rejecting it.
To the best of our knowledge, there is no example of this degree of government controlled regulation in any western democracy. Essentially, the minister has taken regulation out of the hands of our profession and taken it under his wing. He, and all successive ministers, will have the final say on who sits on the board of the new authority and all employees of the new system will be civil servants ie controlled by government.
There is absolutely no need of this. While it would be wrong to doubt the minister's motives (I’m sure he is doing what he thinks is right), it is not remotely clear why this model has been chosen. Surely, it is naive to believe that this level of control won't be abused at some point in the future. Clearly, the current minister wouldn't seek to do so but what if a less honourable minister for justice in a less honourable party (not naming names but use your imagination here) were to take over and seek to silence lawyers taking on the state.
Is there a more appalling vista? Personally, I can't think of one. This new system will cost us all a lot of more but really, that is the least of our concerns. Do you remember when you got your parchment and were told you were joining an august profession where you would right wrongs and fight the good fight?
Well, the very values and independence of that profession is under attack like never before. But all is not lost until this bill is enacted. You have a choice now. You can lie back and get screwed or say no, I won't take this. If we truly are a profession and really are proud of what we do, then the answer is easy. Stand up and fight.
Stuart Gilhooly
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