Debate contribution: The draft Legal Complaints and Regulation (Penalty) Order (Northern Ireland) 2025

Debate contribution by Mr John O'Dowd on 24 June 2025.

MLA

Mr John O'Dowd

Party at the time

Sinn Féin

Date

24 June 2025

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

The draft Legal Complaints and Regulation (Penalty) Order (Northern Ireland) 2025

Assembly identifier

Official Report component 5047266

Read the official Assembly record

Text

Go raibh maith agat, a Phríomh-Leas-Cheann Comhairle.

I am grateful to Members for their contributions. As I set out, these regulations give effect to the Legal Complaints and Regulation Act 2016 by establishing the post of Legal Services Oversight Commissioner. Introducing a layperson-led complaints process against solicitors and barristers will ensure that members of the public and users of legal services here can have confidence in the services provided and, where those fall below expectations, an appropriate mechanism for complaint. That is at the crux of this and of Ms Forsythe's comments. We are equipping members of the public with a service to ensure that they will have proper recourse to a complaints process, and that complaints process will be overseen by a commissioner. I think that that is only right and proper. The balance of power between a member of the public and a solicitor or, for that matter, a barrister is somewhat unbalanced unless we give further protections to members of the public. That does not duplicate or replicate the mechanisms that are already in place, whether for solicitors or for barristers. It gives oversight to make sure that those systems are working properly and to show where improvements can be recommended. On costs, the levy will be an amount that is equivalent to the expenditure of the commissioner, not including her salary. That amount will be calculated to the professional bodies at the end of each financial year. It is not possible at this stage to estimate what that might be as there are some logistical issues to finalise; for example, accommodation and support staff for the commissioner. However, we have indicated to the professional bodies that we do not expect the levy to be more than £150,000 per annum, which would equate to less than £40 for each solicitor and barrister. I think that that is a reasonable fee, considering where we are at. We are committed to working with the commissioner to ensure that any expenditure is kept to a minimum.

I will in one second. The Department sponsors the commissioner's role, as is done in the current lay observer role, and appropriate governance arrangements will continue to be in place to ensure that the role is performed in line with legislation and, importantly, the principles of 'Managing Public Money NI'. The arrangements will include regular formal governance oversight and meetings between the Department and the commissioner in which budgets and expenditure, business performance and risk management will be discussed.

In fairness, there has been a calculation. It is estimated that we do not expect the levy to be more than £150,000 per annum, which would equate to less than £40 per solicitor and barrister. I think that that is good value for money, given that we are putting in place protections and support for members of the public and oversight of the working practices for how the legal profession deals with complaints. It is only right and proper that there is independent oversight of that. We have worked quite closely with the professional bodies in that regard to bring the legislation to this stage, and we will continue to work with the professional bodies as we move forward with the role of the commissioner. We are not talking about an extravagant amount of money. The estimated cost per solicitor and barrister is £40. That is reasonable for what we are asking and for what services we are bringing through. The legislation is also open to review and will be reviewed within three years, and any changes proposed by any future Minister will have to be brought before the House for a vote. There are protections built into this as well, but, to me, the important thing is that this is about balancing rights and the power dynamic in these things, and I think that the introduction of a commissioner is a good thing. On the question of whether this should be under the Department of Finance or the Department of Justice, I am open to that discussion. There is an anomaly there, and whether we have time in the remainder of the mandate to correct that is open to question, but I am certainly not protective of this in the sense that I want to retain it in my Department. There is a sensible conversation to be had, and if it makes more sense for it to be in the Department of Justice, I am more than content for it to move over to that Department. Finally, to clarify, I have not issued any ministerial directions in the past two years or more.

769 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 12:55 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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