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Legislative Measures

Dáil Éireann Debate, Thursday - 7 May 2026

Thursday, 7 May 2026

Ceisteanna (389)

Rose Conway-Walsh

Ceist:

389. Deputy Rose Conway-Walsh asked the Minister for Justice, Home Affairs and Migration when the provision to extend the limitation period for clinical negligence from two to three years, as set out in the Legal Services Regulation Act 2015, will commence; and if he will make a statement on the matter. [33732/26]

Amharc ar fhreagra

Freagraí scríofa

The Legal Services Regulatory Authority (LSRA) is an independent body responsible for the regulation of the legal professions under the provisions of the Legal Services Regulation Act 2015.

Under Section 6 of the 2015 Act, the LSRA is required to periodically carry out a review of the Act and, following a consultation process, make a report to each House of the Oireachtas of its findings and conclusions, including such recommendations (if any) to me, as Minister, resulting from that review as it considers appropriate. The first such review caried out by the LSRA was reported on and published in March 2019, and the LSRA formally submitted its second such report to me on the 11th of September 2025. This report is available on the LSRA website at the following link: Reports and Laws - Legal Services Regulatory Authority www.lsra.ie/publications/reports-and-laws/. Officials in my Department are currently considering this comprehensive and extensive report, which contains numerous recommendations.

Furthermore, the Programme for Government contains a commitment to complete a review of the LSRA and to consider legislative amendments to ensure the Legal System is digital, modern, cost-effective, and focused on the needs of victims. The Terms of Reference are currently being drafted and will include consideration of the abovementioned report on the statutory review of the 2015 Act. Once finalised, a review will be carried out. The outputs of both these timely pieces of work will help ensure the continued effective operation of the LSRA and regulation of the legal professions.

The provision of the Act to which the Deputy refers is S.221 of the 2015 Act. This is within Part 15 of the 2015 Act, which is uncommenced at this time. This matter will be reviewed upon the enactment of regulations relating to pre-action protocols for clinical negligence actions, periodic payment orders and the discount rate.

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