The Department of Justice said the process used by the Bar Council to nominate representatives to the board of the Legal Services Regulatory Authority was "a matter of internal procedure".
In a letter, sent on October 3rd to the Bar of Ireland, the department said the procedure was “for the council to determine and operate”.
Minister for Justice Frances Fitzgerald had asked her department to write and ask the Bar Council to confirm it followed its internal procedures correctly when it nominated David Barniville SC, then its chairman. The request followed complaints by a Law Library member.
The board of the Legal Services Regulatory Authority is to hold its first meeting this month. The authority, established on October 1st, will be responsible for oversight of solicitors and barristers.
Complaint
The department’s October 3rd letter also referred to a telephone conversation and said the author, an official from the department, was “pleased to note” the complaint had been responded to “and that the council is satisfied that its procedures in respect of the nomination were followed”.
In a statement to The Irish Times, the Bar Council said it is invited to nominate members to represent its views on various bodies from time to time, and does so "with care and attention to the responsibilities involved".
It said there had been three expressions of interest for authority nomination and, at a meeting of January 28th, the council unanimously chose Mr Barniville, and alternate candidate Sara Moorhead SC. The nominees were proposed by Mary Rose Gearty SC and seconded by Tony McGillicuddy BL.
“The nominees were a matter for the council of the Bar of Ireland alone to determine on, and it remains entirely satisfied that the nominees in this case are ideally qualified and experienced for the role,” the statement said.
