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Written Answers 5 November 2013 Written Answers. The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised]. Questions Nos. 1 to 6, inclusive, answered orally. Questions Nos. 7 to 60, inclusive, resubmitted. Questions Nos. 61 to 66, inclusive, answered orally. 05/11/2013WRA00550Crime Prevention 05/11/2013WRA0060067. Deputy Sean Fleming asked the Minister for Justice and Equality the position regard- ing Operation Fiacla; his future plans for tackling rural crime; and if he will make a statement on the matter. [46543/13] 05/11/2013WRA00700Minister for Justice and Equality (Deputy Alan Shatter): I am, of course, aware of con- cerns in rural communities about the incidence of crime, and of burglary in particular. These crimes cause deep distress to householders and have a broader impact in terms of fear of crime in the community. It was in the light of these concerns that the Garda Commissioner established Operation Fiacla last year to coordinate a sustained national drive against those involved in this type of criminality. Operation Fiacla is an intelligence driven national operation and specific burglary initiatives have been implemented in each Garda Region to target suspected offenders. As of 30 September, 6,678 persons have been arrested and 3,770 persons have been charged with burglary offences under Operation Fiacla. I am glad to say that Operation Fiacla has proved to be a robust and effective response to those who seek to prey on law abiding householders and this is borne out by the latest Crime Statistics published by the Central Statistics Office covering the 12 month period up to the sec- ond quarter of 2013. These show a welcome reduction of 8.9% in burglary and related offences over the previous 12 months, and continue a trend which has been evident since the introduc- tion of Operation Fiacla. More generally, in relation to policing in rural areas and tackling rural crime, the Garda Na- tional Policing Plan for 2013, which I laid before the House last December, sets out the policing priorities and objectives for the current year. The Plan is designed to meet the policing needs of all communities and includes objectives of particular relevance for rural areas, including ac- tive community engagement in the development of policing strategies and concerted efforts to support and protect vulnerable sections of the community. This is illustrated in a range of community based initiatives which are supported by Gardaí throughout the country. For example, the ongoing work of more than 1300 Community Alert 111 Questions - Written Answers groups which are active in rural communities was underlined by the publication earlier this year of new Garda Community Crime Prevention Guidelines. More recently the Commissioner has published guidelines for the operation of text alert systems which can provide a further mechanism by which An Garda Síochána can distribute crime prevention information to local communities. I am currently in discussions with the Garda Commissioner concerning the Garda National Policing Plan for 2014, which will be presented to the House in due course, and I can assure the Deputy that it will be focused on the policing needs of all of our communities. It is the Govern- ment’s intention to ensure that frontline services are maintained at the highest level possible through the most efficient use of resources. The Commissioner continues to enjoy my full sup- port and that of the Government in confronting crime in all its forms. I have every confidence that he and everyone in An Garda Síochána will continue to deliver an effective police service in rural as in all other areas. 05/11/2013WRA00750Legal Services Regulation 05/11/2013WRA0080068. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the research he has gathered in relation to multi-disciplinary practices as he proposes with the Legal Services Regulation Bill 2011. [45971/13] 05/11/2013WRA00900Minister for Justice and Equality (Deputy Alan Shatter): As the Deputy may be aware, numerous jurisdictions have introduced new and more customer-focussed legal business mod- els. These “alternative business structures” (ABS) can involve the traditional legal services provided by barristers and/or solicitors or combine them, in what are known as “multi-disci- plinary practices”, with those of accountants, insurance brokers, conveyancers or other profes- sionals to provide seamless solutions for clients on a more cost-effective basis. The globalisa- tion of legal and other services, along with the ongoing and exponential advances being made in business technologies and outsourcing, are challenging the traditional ways in which legal professionals conduct their business. To ignore these changes would leave legal practitioners in this jurisdiction at a growing competitive disadvantage. Consequently, in looking to the future, the Legal Services Regulation Bill, in Part 7, provides for the introduction of legal partnerships and of multi-disciplinary practices. Regrettably, the legal profession have been reluctant movers as far as ABS are concerned. As far back as 1994, the same year in which multi-disciplinary practices were permitted in New South Wales Australia, the Solicitors (Amendment) Act was enacted in our jurisdiction. Taking account of the Fair Trade Commission’s 1990 Report of Study into Restrictive Practices in the Legal Profession the Act, alas unsuccessfully, provided for incorporated practices and the shar- ing of fees arising from a partnership or an agency arrangement by solicitors with non-lawyers. Now, almost twenty years later, ABS and multi-disciplinary practices have been, or con- tinue to be, rolled out in England and Wales, Scotland, Australia, Germany, Netherlands and parts of Canada, including British Columbia, Quebec and Ontario and there is a wealth of in- formation and analysis now available on them. The Legal Services Act 2007 provided for the introduction of ABS, including multi-disciplinary practices, in England and Wales - over 200 licences for ABS have been issued to date. The Legal Services (Scotland) Act 2010 also al- lows for ABS that include multi-disciplinary practices. In Canada, the legislation relates more narrowly to multi-disciplinary practices. Along with officials of my Department, I have been actively reviewing and considering in detail how the introduction of ABS is taking place in all of these jurisdictions along with the relevant literature and those submissions received. I am also considering the various issues of probity and governance that would relate to such new legal business models. 112 5 November 2013 I was previously briefed on the roll-out of ABS by Mr. Steve Mark, the then Legal Services Commissioner for New South Wales, while on official business in Australia in March of 2012. Both he and Mr Chris Kenny, Chief Executive of the Legal Services Board for England & Wales, addressed a conference on the modernisation of legal services hosted by my Department in July 2012. Last Friday, I met, along with officials of my Department, representatives of the UK Legal Services Board and of the Solicitors Regulation Authority in London, where we were updated on the latest developments in relation to multi-disciplinary practises. I also visited one of the new legal business models up and running in the city. The Deputy can, therefore, be assured of the ongoing and substantial consideration I am giving, along with Department of- ficials, to the introduction and proper regulation of multi-disciplinary legal practices. In light of this consideration, I will be bringing forward appropriate amendments to Part 7 of the Legal Services Regulation Bill for its forthcoming resumption of Committee Stage. 05/11/2013WRA00950Garda Síochána Ombudsman Commission Issues 05/11/2013WRA0100069. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the steps he has taken to address concerns expressed by the Garda Síochána Ombudsman Commission regard- ing relations with An Garda Síochána; and if he will make a statement on the matter. [46534/13] 05/11/2013WRA0110082. Deputy Luke ‘Ming’ Flanagan asked the Minister for Justice and Equality if he has organised for the Garda Síochána Ombudsman Commission to have direct access to the PULSE system without the need of a member of An Garda Síochána; and if he will make a statement on the matter. [45980/13] 05/11/2013WRA0120088. Deputy Joan Collins asked the Minister for Justice and Equality the steps he intends to take to improve the operation of GSOC as it requested. [45974/13] 05/11/2013WRA01300Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 69, 82 and 88 together. The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities. Section 108 of the Garda Siochana Act 2005 provides that the Ombudsman Commission and the Garda Commissioner shall, by written protocols, make arrangements concerning mat- ters including the sharing of information between both organisations. These protocols set down issues such as time limits for the provision of information by the Garda Síochána to the Garda Ombudsman Commission, and it is clearly
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