Tuesday, December 03, 2013

Events in December 2013 and after

Kilkenny Courthouse - CC BY,
Kieran Lynam, from Flickr

I've updated the listings of events at www.irishlaw.org/events/.

Here's the current listing:

Wed. 4 Dec. 2013:
Recent Developments in Equity, Probate and Succession Law - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/  


Wed. 4 Dec. 2013:
Re-designing the Pattern: Women and the Criminal Justice System - Irish Penal Reform Trust, Dublin
http://www.iprt.ie/contents/2568


Thu.-Fri. 5-6 Dec. 2013:
Changing Sovereignty in Europe: Irish European Law Forum, UCD Sutherland School of Law, Dublin
http://www.ucd.ie/law/news/name,190991,en.html


Thu. 5 Dec. 2013 9.30am :
Cross Border Insolvency Proceedings - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Cross_Border_Insolvency_Proceedings_13027.aspx

Thu. 5 Dec. 2013 6.00pm :
Tactical Negotiation Skills - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13021.aspx


Thu.5 Dec. 2013:
General Practice Solicitors Law Conference - Round Hall conference, Dublin
http://www.roundhall.ie/base/pdf/CPD%20Conference_PRINT.pdf

Thu. 5 Dec. 2013:
Annual Dave Ellis Memorial Lecture by Martin O'Brien - Free Legal Advice Centres, Dublin
http://www.flac.ie/news/events/2013/12/05/flacs-seventh-annual-dave-ellis-memorial-lecture/

Thu.5 Dec. 2013:
The RAVN approach to Knowledge and Know Who Management Tikit sponsored Legal Technology Seminar, Dublin
http://www.ravn.co.uk/news/seminar-ravn-approach-knowledge-know-management/

Fri. 6 Dec. 2013:
Is Green A Part Of The Rainbow? Sharia, Homosexuality, and LGBT Rights in the Muslin World: Some Critical Reflections - University of Ulster, Transitional Justice Institute Event,  Magee campus http://www.ulster.ac.uk/transitionaljustice

Fri.6 Dec.2013:
Alice Diver, A Law of Blood-ties: The 'Right' to Access Genetic Ancestry: University of Ulster, TJI Book Launch, Magee campus
http://www.ulster.ac.uk/transitionaljustice

Fri. 6 Dec. 2013:
Bullying, Harassment and Discrimination: Legal Remedies - CLT Seminar, Dublin
http://www.cltireland.ie/course.aspx?crseidcode=1009

Tue. 10 Dec. 2013:
Juvenile Justice:  Association for Criminal Justice Research and Development Seminar, Dublin
http://www.acjrd.ie/contents/230

Tue. 10 Dec 2013:
How to use Blogging, Facebook, LinkedIn and Twitter in the legal sector, Law Society Professional Training, Dublin
http://www.lawsociety.ie/How_to_use_Blogging_Facebook_LinkedIn_Twitter_Legal_Sector.aspx


Wed. 11 Dec. 2013:  
Film Screening and Book Launch - Film Screening: 'Nostalgia for the Light'
Book Launch: 'The Politics of Memory: Chile from Pinochet to Bachelet' - University of Ulster, Transitional Justice Institute, Magee campus
http://www.ulster.ac.uk/transitionaljustice

Thu. 12 Dec. 2013 6.00pm :
Tactical Negotiation Skills Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13022.aspx


Fri. 13 Dec. 2013:
Seminar to mark the launch of 'A Guide to Children’s Rights under European Union Law in Ireland' - Children's Rights Alliance, Dublin
http://www.lawsociety.ie/Pages/Events/

Sat.14 Dec. 2013:
Tort Law Conference - Bar Council of Ireland, Dublin http://www.lawlibrary.ie/documents/news_events/CPDTort14122013.pdf

Mon. 16 Dec. 2013:
International Criminal Court: current challenges and future prospects -  Department of Foreign Affairs and Trade and Centre for Criminal Justice and Human Rights, University College Cork - Event in Dublin 
http://www.lawsociety.ie/Pages/Events/


Wed. 18 Dec. 2013:
Effective Delegation and Feedback - Law Society Finuas Network, Dublin 7
http://www.lawsociety.ie/Effective_Delegation_and_Feedback.aspx


Mon. 5 Feb. 2014:
TJI Seminar Series: Professor David Kretzmer, The Hebrew University of Jerusalem - 'Use of Force in Non-International Armed Conflicts: capture or kill?' University of Ulster, Transitional Justice Institute, Jordanstown campus
http://www.ulster.ac.uk/transitionaljustice


Sat. 15 Feb. 2014:
Law Student Colloquium, Trinity College Dublin [Submit abstracts by Thu. 5 December 2013]
http://www.colloquium.ie

23-24 May 2014:
Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html


Monday, November 04, 2013

Events from November 2013 onwards

Four Courts - CC BY ncarey 
I've updated the list of forthcoming events at www.irishlaw.org/events/.  Here's the current listing:

PART 1 - EVENTS

Wed. 6 Nov. 2013:
Gender Diversity on Corporate Boards: Recent Research and Regulatory Initiatives - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/events/2013/gender-diversity-corporate-boards.php

Thu. 7 Nov. 2013: 
National Human Rights Commissions: Giving Teeth to International Treaties - Centre for Criminal Justice and Human Rights, Faculty of Law, UCC, Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/

Fri. 8 Nov. 2013: 
Adverse Events in Healthcare: Medico-Legal Challenges - Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/

Fri. 8 Nov. 2013:
Annual Environmental Law Conference - ICEL, Dublin
http://icel.ie/events_currentprogramme

Sat. 9 Nov. 2013:
Tenth Annual Round Hall Planning & Environmental Law Conference 2013 - Thomson Reuters Round Hall Professional Development Conference, Dublin
http://www.roundhall.ie

Sat. 9 Nov. 2013:
Book Launch: Catherine O'Rourke, Gender Politics in Transitional Justice (Routledge 2013), University of Ulster, Transitional Justice Institute, Belfast
http://www.ulster.ac.uk/transitionaljustice

11 Nov. to 9 Dec. 2013:
Measuring your Firm’s Carbon Footprint, Law Society Finuas Network, Dublin 7
http://www.lawsociety.ie/Measuring_your_Firms_Carbon_Footprint.aspx

Tue. 12 Nov. 2013: 
The Changing Landscape of Media Law - UCC Student Law Society Conference, Cork 
http://www.facebook.com/events/588219581239571/

Tue. 12 Nov. 2013:
Effective Business Writing - Law Society Finuas Network, Dublin 7
http://www.lawsociety.ie/Effective_Business_Writing.aspx

Wed. 13 Nov. 2013:
Pringle, the Financial Crisis and Challenges for the EU Legal Order - Lecture by Professor Paul Craig, ISEL, Dublin
Contact iselsecretary@gmail.com

Wed. 13 Nov. 2013:
When is a website like a book? Online Infringement Reconsidered - UCD, Newman House, Dublin
http://www.ucd.ie/law/events/title,180220,en.html

14–15 November 2013:
Eighth Annual Data Protection Practical Compliance Conference, Dublin
http://www.pdp.ie/conferences

Fri. 15 Nov. 2013 10.00am :
Essential Solicitor Update for 2013 - Law Society Skillnet, Cork
http://www.lawsociety.ie/Essential_Solicitor_Update_for_S1319.aspx

Tue. 19 Nov. 2013:
Personal Effectiveness - Law Society Finuas Network, Dublin 7
http://www.lawsociety.ie/Personal_Effectiveness.aspx

Wed. 20 Nov. 2013 2.00pm :
In-house and Public Sector Committee – Annual Conference, Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Inhouse_and_Public_Sector_Committee_Annual_Conference_13017.aspx

Fri.-Sat. 22-23 Nov. 2013:
Irish Association of Law Teachers annual conference, Belfast
http://www.ialt.ie/event/ialt-annual-conference-2013

Fri. 22 Nov. 2013 10.00am :
General Practice Update 2013 Conference - Law Society Professional Training, Kilkenny
http://www.lawsociety.ie/General%7C_Practice_Update_2013_Conference_13018.aspx

Tue. 26 Nov. 2013:
Managing Effective Meetings - Law Society Finuas Network Dublin 7
http://www.lawsociety.ie/Managing_Effective_Meetings.aspx

Fri. 29 Nov. 2013:
Annual Family and Child Law Symposium - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Annual_Family_and_Child_Law_Symposium_2013.aspx

Fri. 29 Nov. 2013: 
Enforcing European Union Environmental Law Conference - Faculty of Law, UCC, Cork 
Details to follow at http://www.ucc.ie/en/lawsite/eventsandnews/

Sat. 30 Nov. 2013:
Criminal Law Conference 2013 - Round Hall Conferences, Dublin
http://www.roundhall.ie

Thu. 5 Dec. 2013 9.30am :
Cross Border Insolvency Proceedings - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Cross_Border_Insolvency_Proceedings_13027.aspx

Thu. 5 Dec. 2013 6.00pm :
Tactical Negotiation Skills - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13021.aspx

Fri. 6 Dec. 2013:
Changing Sovereignty in Europe - UCD School of Law Sixteenth Irish European Law Forum, Dublin
http://www.ucd.ie/law/news/name,182988,en.html

Tue. 10 Dec 2013:
How to use Blogging, Facebook, LinkedIn and Twitter in the legal sector, Law Society Professional Training, Dublin
http://www.lawsociety.ie/How_to_use_Blogging_Facebook_LinkedIn_Twitter_Legal_Sector.aspx

Thu. 12 Dec. 2013 6.00pm :
Tactical Negotiation Skills Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13022.aspx

Wed. 18 Dec. 2013:
Effective Delegation and Feedback - Law Society Finuas Network, Dublin 7
http://www.lawsociety.ie/Effective_Delegation_and_Feedback.aspx

2014

Sat. 15 Feb. 2014:
Law Student Colloquium, Trinity College Dublin [Submit abstracts by Thu. 5 December 2013]
http://www.colloquium.ie

23-24 May 2014:
Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html



PART 2 - LAW SOCIETY PROFESSIONAL DIPLOMAS AND CERTIFICATES

Sept.2013-June 2014: Certificate in Legal German - Law Society Diploma Centre, Dublin
http://www.lawsociety.ie/Documents/education/Diplomas/Autumn%202013/Cert_Legal_German.pdf

Oct. 2013-April 2014: Diploma in Corporate Law and Governance - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Corporate-Law-and-Governance.aspx

Oct. 2013-April 2014: Diploma in Aviation Leasing and Finance - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Aviation-Leasing-and-Finance-Law.aspx

Oct. 2013-April 2014: Diploma in Environmental and Planning Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Environment-and-Planning-Law.aspx

Oct. 2013-Jan. 2014: Certificate in Data Protection (online) - Law Society Diploma Centre, Online
http://www.lawsociety.ie/A13-Cert-in-Data-Protection-Online-New.aspx

Oct. 2013-April 2014: Diploma in eCommerce (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-eCommerce-iPad-new.aspx

Oct.-Dec.2013: Certificate in Higher Court Civil Advocacy (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Higher-Court-Civil-Advocacy-New-iPad.aspx

Oct. 2013-April 2014: Diploma in Finance Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Finance-Law.aspx

Oct. 2013-March 2014: Certificate in Healthcare Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Healthcare-Law.aspx

Oct. 2013-April 2014: Diploma in Mediation - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Mediation-New.aspx

Oct. 2013-June 2014: Diploma in Legal French - Law Society Diploma Centre, Dublin
http://www.lawsociety.ie/Documents/education/Diplomas/Autumn%202013/Diploma_in_Legal_French.pdf

Oct. 2013- Jan. 2014: Certificate in Human Rights Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Human-Rights-Law.aspx

Nov. 2013 - May 2014: Certificate in Adjudication Law Society Professional Training, Dublin http://www.lawsociety.ie/Certificate_in_Adjudication.aspx

Nov. 2013- May 2014: Diploma in Trust and Estate Planning (STEP) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Trust-and-Estate-Planning.aspx

Nov. 2013-May 2014: Diploma in Intellectual Property Rights and Technology Law (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-IP-Rights-and-Technology-Law-iPad.aspx

Nov. 2013-May 2014: Certificate in Trademark Law (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Trade-Mark-Law-iPad.aspx

Thu.-Fri. 6-7 Feb. 2014: Certificate in English & Welsh Property Law and Practice 2014 - Law Society Skillnet, Dublin
http://www.lawsociety.ie/Certificate_In_English_and_Welsh_Property_Law.aspx

Friday, November 01, 2013

The Internet at 40: Reflections on Cyberspace

John Naughton - CC BY SA - Sebastiaan ter Burg 
We had a very interesting symposium this morning here in UCC on "The Internet at 40".  It followed two lectures by Professor John Naughton which he had given yesterday on the topic.  John's lectures developed themes from earlier lectures such as this one from March on 'Our Networked Future.'  He also drew on his recent book From Gutenberg to Zuckerberg: What You Really Need to Know About the Internet.  

The symposium was chaired by Professor Cormac Sreenan, and panellists were Karlin Lillington, Theresa Reidy, Alfred Moore and myself.  There were really interesting contributions from the audience as well.  It was organised by Ionad Bairre and Bettie Higgs, the Interim Vice President for Teaching and Learning.

Some of my thoughts were as follows (based on rudimentary notes I made in advance):

I wonder are some people now “pacified” by the web?  Is it the new opium of the people?  Has it replaced religion? What are the key “values” people seek online?  Maybe people look for “coolness” as a value.  “That’s a cool site; that’s a cool video”.  Slickness; humour; entertainment; shopping are all “values”.  All of this masks the fact that code is not neutral (as Lawrence Lessig has said).  Search results are not neutral.  The order of items on your Facebook timeline is not neutral.

However, there are exceptions to corporatisation, e.g. Wikipedia.  Also, activists can fight back on the “coolness” front – e.g. the recent video “Stop Watching  Us” which included Maggie Gyllenhaal, Oliver Stone, John Cusack and  Lawrence Lessig .  The video was produced by a coalition of 100 organisations including the ACLU, EFF and EPIC.  Tim Berners Lee supports the coalition and the video has had 1 million views.  Stop SOPA campaigns were also positive example of activism.  Wikipedia went dark for a day.  

John Naughton speaks of permissionless innovation online, which can be good or bad.  My input on this:  Copyright law can stifle innovation.   History shows the extent of copyright protection has continuously been extended – both in what it covers and in duration.  We now have extremely long durations of copyright such as 70 years after the death of the author.  We have absurd scenarios such as an eBook of Alice in Wonderland with a note in the settings saying “The book cannot be read aloud”.  You cannot easily give your ebook to your partner, child or friend.  It’s not clear how your family will inherit your ebooks when you die.  More absurdity: Ebook vendors can possibly “rescind”  a book from your ebook reader even weeks after you've downloaded it.  Ironically, "1984" by George Orwell  was  rescinded from people’s ebooks in 2009.  

David Cameron said that Google might not have started in the UK.  Fair use in the USA is broader than in Europe.  We need to raise awareness of the limitations of copyright law, and variations between national laws. 

John Naughton refers to the generativity of the internet, as highlighted by Jonathan Zittrain.  My example to flesh this out:  Creative Commons is in a way an example of generativity.  (If you're not familiar with Creative Commons, see www.creativecommons.org.)  People can use Creative Commons licensed works to publicise their work, but still charge for commercial use of their work.  

Important reforms of copyright law have been proposed in the recent report of the Copyright Review Committee - Modernising Copyright.  Unfortunately, the committee is somewhat restrained by EU law in the area, and there's only so much it can do within the confines of EU law.  It is worrying that intellectual property was elevated to the level of a fundamental right in the EU Charter of Fundamental Rights (see Article 17(2)).  Hopefully this will be interpreted in a benign manner by the courts but we can't be sure.  Don't get me wrong - I am not opposed to copyright but I'm concerned about maximalist application of copyright without due regard to rights of users and consumers.

A flavour of thoughts from other speakers (roughly paraphrased):

Alfred Moore:
Recently, there has been a neoliberal rejection of democracy altogether, an emphasis on the free market and the consumer.  There is a disdain for democracy, but we need democratic principles to be to the forefront.

Karlin Lillington:
Data retention laws allow a shocking level of surveillance, akin to giving the keys to your house to the Gardaí.  For human rights defenders (e.g. in Pakistan), anonymity is crucial.  See www.bytesforall.pk.
Engineers and scientists need to learn how to code for human rights and code for society.  There's now a Tech Defenders Network.

Theresa Reidy:
Social media has had a transformative effect on politics, but we need more research on its effects.  Can it be a force for citizen engagement?  Can it challenge the dominance of elites?  Twitter has transformed the dynamic of politics, with the possibility of public two-way conversations between politicians and voters.

John Naughton:
A lot of the surveillance of the web stems from 9/11.  The Snowden revelations have had a huge impact - will they lead to a crisis or merely a scandal?  Engineers need to know about ethics.  Engineers and architects designed the concentration camps in the second world war, but what of the ethical dimension?
Recommended books:  Tim Wu, The Master Switch and Dave Eggers, The Circle.

General Discussion:
How do we raise awareness of these issues?  Can they be included in secondary school curriculum, e.g. in Civic, Social and Personal Education?  At university level, can we ensure that ethical issues are considered?  One way of doing this is to find a staff member in a Department who is passionate on these issues.  Then, they can include technical activities in a module (not necessarily a specific module on ethics) which raise awareness, e.g. set students a task to investigate privacy breaches by apps.
Historical perspectives are vital - people need to be able to see what happened with previous new technologies; previous abuses of power; previous political developments.
Literature and arts shine a light on these areas, e.g. E.M. Forster's 'The Machine Stops' (1909).
























Thursday, October 17, 2013

Call for submissions on section 37 of Employment Equality Act 1998 (Religious Ethos)


From www.equality.ie -

"Call for Submissions: 

Proposed amendment to section 37 of the Employment Equality Acts 1998 – 2011 

The Equality Authority is inviting submissions from interested parties as part of a consultation process in relation to a proposed amendment to s37 of the Employment Equality Acts 1998 – 2011. Submissions are welcome in electronic format to submissions@equality.ie  and should be no more than 2,000 words in length. The deadline is 5.00pm on Friday November 1st 2013. 

Background 

You may also be aware that The Programme for Government stated: “People of non-faith or minority religious backgrounds and publicly identified LGBT people should not be deterred from training or taking up employment as teachers in the State”. 

The s37 provision may also have an impact in institutions that have a religious ethos such as those in the health sector. 

The Minister for Justice and Equality has decided to merge the Equality Authority with the Irish Human Rights Commission. His letter of appointment to the members of the Irish Human Rights and Equality Commission (designate) (the “Commission designate”) sets out that he wanted to address the amendment of s37 of the Employment Equality Acts 1998 – 2011 with the Commission members as a priority matter.

 The Commission designate has agreed to review the issue and the Executive of the Equality Authority are leading this project. The Irish Human Rights Commission (IHRC) has also agreed to assist in this project.  For further information please contact Ms. Nuala Cuddy on 0505-24126 or 1890 245 545."

For some of the background on the religious ethos exception, see the following:

  • Gerry Whyte, 'Protecting Religious Ethos in Employment Law: A Clash of Cultures' (2005) 12 Dublin University Law Journal 169   
  • Mark Coen, 'Religious Ethos and Employment Equality: a Comparative Irish Perspective' (2008) 28(3) Legal Studies 452  
  • Mark Coen 'Living the Ethos?' (2007) 101(6) Gazette of Law Society of Ireland 33    
  • Mark Coen, 'Churches must not be immune from sections of equality law',  Irish Times, 4 August 2007 
The well-known Eileen Flynn case is available here - Flynn v. Power [1985] IEHC 1; [1985] IR 648.

 

Monday, September 23, 2013

Events in September 2013 and after

Kilkenny Courthouse - CC BY, Kieran Lynam, from Flickr
I've updated the listings of events at www.irishlaw.org/events/.  

Here's the current list:

PART 1 - EVENTS

Tue. 24 Sept. 2013:
Seminar on Recent Developments in Employment Law - Employment Law Association of Ireland, Dublin
http://elai.ie/index.php?id=4

Wed. 25 Sept. 2013 2.00pm:
Acting for Executors, Trustees and Beneficiaries - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Acting_for_Executors_Trustees_and_Beneficiaries_13013.aspx

25-27 Sept. 2013:
U.S. / Ireland Law and Business Symposium, Westport, Co. Mayo
http://www.brehonsymposium.com

26-27 Sept. 2013:
Law Via the Internet Conference, Jersey
http://www.jerseylvi2013.org

Fri. 27 Sept. 2013:
Reflecting on the International Covenant on Economic, Social and Cultural Rights of 1966 - Annual Human Rights Lecture by Michael D. Higgins, President of Ireland, Law Society, Dublin
http://www.lawsociety.ie/Pages/Events/Annual-Human-Rights-Lecture/

Fri. 27 Sept. 2013 10.00 am:
Advising the Farmer, Law Society Skillnet in association with Tipperary Bar Assocation, Horse and Jockey
http://www.lawsociety.ie/Advising_the_Farmer_Conference_S1326.aspx

Fri.-Sat. 27-28 Sept. 2013:
Generating Justice: The social, legal, political and ethical issues of ensuring justice across generations - Queen's University, Belfast
http://tinyurl.com/qub-sept

29 Sept. - 1 Oct. 2013:
Comité Maritime International Symposium, Hosted by Irish Maritime Law Association, Dublin
http://www.cmi2013dublin.com

Fri. 4 Oct. 2013: 
Racism and Hate Crimes in Ireland: Is the Legislative and Policy Framework Adequate? - Nasc, in conjunction with the Centre for Criminal Justice and Human Rights, University College Cork 
http://tinyurl.com/nasc-ccjhr

Fri. 4 October 2013:
Closing date of Call for Papers - Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html

Fri. 4 Oct. 2013:
Preventable Harm: Criminal Justice, Communities and Civil Society - 16th Annual Conference of the ACJRD, Dublin
http://www.acjrd.ie/contents/215

Wed. 9 Oct. 2013 2.00pm :
Litigation Update - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Litigation_Update_2013.aspx

Wed. 9 Oct 2013:
Litigation Update - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Litigation_Update_2013.aspx

Thu. 10 Oct. 2013:
Secured Transactions Reform in Ireland - UCD, Newman House, Dublin
http://www.ucd.ie/law/events/title,182735,en.html

Sat. 12 Oct.2013:
Criminal Law: Practice and Procedure Update Conference - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/events/2013/Criminal.php

Wed. 16 Oct. 2013:
New for old? The Commission Proposal to Recast the Trade Marks Directive - UCD, Newman House, Dublin
http://www.ucd.ie/law/events/title,180217,en.html

Wed. 16 Oct 2013:
Property Law Annual Conference - Law Society Professional Training in collaboration with members of the Conveyancing and Taxation Committees of the Law Society, Dublin 7
http://www.lawsociety.ie/Property_Law_Annual_Conference_2013.aspx

Wed. 16 Oct 2013 1.30pm :
Property Law Annual Conference, Law Society Professional Training in collaboration with members of the Conveyancing and Taxation Committees of the Law Society, Dublin
http://www.lawsociety.ie/Property_Law_Annual_Conference_2013.aspx

Thu. 17 Oct. 2013:
Contemporary Challenges in IHL, Annual Irish Red Cross International Humanitarian Conference, Dublin
http://www.redcross.ie/news/events/call-for-papers-contemporary-challenges-in-ihl/

Thu. 17 Oct. 2013:
Cyberbullying Law Conference, Dublin
http://tinyurl.com/cyberbully-law

Fri. 18 Oct. 2013:  
European Union Law in Practice seminar - Faculty of Law, University College Cork
Details to follow at http://www.ucc.ie/en/lawsite/eventsandnews/

Fri. 18 Oct. 2013:
Commercial Law Conference - The Financial Crisis Five Years On: A Critical Reflection, Griffith College Dublin
http://www.gcd.ie/Lawconference2013/

Mon. 21 Oct. 2013:
Seminar on "Transfer of Undertakings - an EU and comparative update" - Employment Law Association of Ireland, Dublin
http://elai.ie/index.php?id=4

Fri. 25 Oct. 2013:
Closing Date of Call for Papers for Irish Association of Law Teachers Annual Conference
http://www.ialt.ie/event/ialt-annual-conference-2013

Fri. 25 Oct. 2013:
Parole in Ireland: The Way Forward, Association for Criminal Justice Research and Development, Dublin
http://www.acjrd.ie/contents/217

Fri. 1 Nov. 2013:
Closing date for submissions of articles for relaunched Irish Journal of European Law
http://tinyurl.com/ijel-relaunch

Fri. 8 Nov. 2013:
Annual Environmental Law Conference - ICEL, Dublin
http://icel.ie/events_currentprogramme

Wed. 13 Nov. 2013:
When is a website like a book? Online Infringement Reconsidered - UCD, Newman House, Dublin
http://www.ucd.ie/law/events/title,180220,en.html

14–15 November 2013:
Eighth Annual Data Protection Practical Compliance Conference, Dublin
http://www.pdp.ie/conferences

Fri. 15 Nov. 2013 10.00am :
Essential Solicitor Update for 2013 - Law Society Skillnet, Cork
http://www.lawsociety.ie/Essential_Solicitor_Update_for_S1319.aspx

Wed. 20 Nov. 2013 2.00pm :
In-house and Public Sector Committee – Annual Conference, Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Inhouse_and_Public_Sector_Committee_Annual_Conference_13017.aspx

Fri.-Sat. 22-23 Nov. 2013:
Irish Association of Law Teachers annual conference, Belfast
http://www.ialt.ie/event/ialt-annual-conference-2013

Fri. 22 Nov. 2013 10.00am :
General Practice Update 2013 Conference - Law Society Professional Training, Kilkenny
http://www.lawsociety.ie/General%7C_Practice_Update_2013_Conference_13018.aspx

Fri. 29 Nov. 2013: 
Enforcing European Union Environmental Law Conference - Faculty of Law, UCC, Cork 
Details to follow at http://www.ucc.ie/en/lawsite/eventsandnews/

Thu. 5 Dec. 2013 9.30am :
Cross Border Insolvency Proceedings - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Cross_Border_Insolvency_Proceedings_13027.aspx

Thu. 5 Dec. 2013 6.00pm :
Tactical Negotiation Skills - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13021.aspx

Tue. 10 Dec 2013:
How to use Blogging, Facebook, LinkedIn and Twitter in the legal sector, Law Society Professional Training, Dublin
http://www.lawsociety.ie/How_to_use_Blogging_Facebook_LinkedIn_Twitter_Legal_Sector.aspx

Thu. 12 Dec. 2013 6.00pm :
Tactical Negotiation Skills Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13022.aspx

2014

23-24 May 2014:
Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html



PART 2 - LAW SOCIETY PROFESSIONAL DIPLOMAS AND CERTIFICATES

Sept.2013-June 2014: Certificate in Legal German - Law Society Diploma Centre, Dublin
http://www.lawsociety.ie/Documents/education/Diplomas/Autumn%202013/Cert_Legal_German.pdf

Sept.-Oct. 2013: Personal Insolvency Practitioner Certificate - Law Society Diploma Centre, Dublin
http://www.lawsociety.ie/A13-Cert-PIP.aspx

Oct. 2013-April 2014: Diploma in Corporate Law and Governance - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Corporate-Law-and-Governance.aspx

Oct. 2013-April 2014: Diploma in Aviation Leasing and Finance - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Aviation-Leasing-and-Finance-Law.aspx

Oct. 2013-April 2014: Diploma in Environmental and Planning Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Environment-and-Planning-Law.aspx

Oct. 2013-Jan. 2014: Certificate in Data Protection (online) - Law Society Diploma Centre, Online
http://www.lawsociety.ie/A13-Cert-in-Data-Protection-Online-New.aspx

Oct. 2013-April 2014: Diploma in eCommerce (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-eCommerce-iPad-new.aspx

Oct.-Dec.2013: Certificate in Higher Court Civil Advocacy (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Higher-Court-Civil-Advocacy-New-iPad.aspx

Oct. 2013-April 2014: Diploma in Finance Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Finance-Law.aspx

Oct. 2013-March 2014: Certificate in Healthcare Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Healthcare-Law.aspx

Oct. 2013-April 2014: Diploma in Mediation - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Mediation-New.aspx

Oct. 2013-June 2014: Diploma in Legal French - Law Society Diploma Centre, Dublin
http://www.lawsociety.ie/Documents/education/Diplomas/Autumn%202013/Diploma_in_Legal_French.pdf

Oct. 2013- Jan. 2014: Certificate in Human Rights Law - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Human-Rights-Law.aspx

Nov. 2013- May 2014: Diploma in Trust and Estate Planning (STEP) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-Trust-and-Estate-Planning.aspx

Nov. 2013-May 2014: Diploma in Intellectual Property Rights and Technology Law (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Dip-in-IP-Rights-and-Technology-Law-iPad.aspx

Nov. 2013-May 2014: Certificate in Trademark Law (incl. iPad) - Law Society Diploma Centre, Dublin and webcast
http://www.lawsociety.ie/A13-Cert-in-Trade-Mark-Law-iPad.aspx


Thursday, August 01, 2013

Ireland's Assisted Decision-Making (Capacity) Bill 2013



The new Assisted Decision-Making (Capacity) Bill 2013 was finally published on 17 July.  This Bill has been a long time in development; previously Heads of a Bill had been published in 2008 but this is the first formal Bill published on the topic.

The Bill is a product of the Department of Justice and Equality, while mental health legislation such as the Mental Health Act 2001 is produced by the Department of Health.  It is unfortunate that joined up thinking between government Departments is difficult, because at times Departments work in silos without detailed enough reference to each other (and I know, universities are indeed  the same).

The Bill has already been the subject of a good deal of summary and commentary, and I include a list of useful links to other blog postings, etc., at the end of this item.

The following main points strike me as the discussion on the Bill commences:

There is no explicit reference to "best interests" and this is a major advance on the 2008 Heads of the Bill.  The "best interests" principle has been interpreted in such a paternalistic manner by the Irish courts that it would have been unworkable in the Capacity Bill.  What's more, it's out of step with modern thinking on the Convention on the Rights of Persons with Disabilities (CRPD).

The CRPD is explicitly recognised in the functions of the Public Guardian (s.56).

It is a real pity that the Bill does not establish multidisciplinary tribunals for dealing with applications regarding lack of capacity, etc.  A three-person tribunal similar to the Mental Health Tribunals would be a more suitable forum than the Circuit Court for resolution of these issues.

The Bill does not fully resolve the issue of people who lack capacity and are admitted to a residential centre on a "voluntary" basis but are de facto detained in the centre.  This is an issue which arises in the mental health context (and is being addressed by the Steering Group on the Mental Health Act) but also in other residential settings such as nursing homes, social care institutions and centres for people with disabilities.  Ireland is not directly tackling the problem of the "Bournewood gap" and ECHR case-law such as H.L. v UK; Stanev v Bulgaria; D.D. v Lithuania and other cases.

The Bill creates forms of substitute decision-making, most clearly with the court appointment of a Decision-Making Representative (ss.23-27).  Because of Article 12 of the CRPD (which Ireland has not yet ratified), regimes of substitute decision-making should be avoided as much as possible and this Bill may not go far enough to comply properly with the CRPD (for more detailed critique on this aspect see blog posts by  Eilionóir Flynn and Lucy Series).

The Bill does not provide for automatic legal representation in any category of case.  Instead, the person will need to apply for legal aid through the civil legal aid legislation.  This contrasts sharply with the automatic representation under the Mental Health Act 2001.

The rules on informal decision-making (ss.53-54) need to be much tighter as there is a real danger that these will be abused in practice.  The experience with the interpretation of the definition of the word "voluntary" in the Mental Health Act 2001 shows that sections of this kind can have major unintended consequences.

Existing wards of court will not have their cases reviewed for a period which may take as much as three years (see s.35).  In the case of children, this period may (in theory) even be longer.

While "welfare" is defined in the Bill to include healthcare decisions for some purposes (see s.25(a)(vii) and s.41(2)(b)) it is unclear if it includes healthcare decisions in other situations.

The Public Guardian will be appointed by the Courts Service (s.55).  The Minister for Justice and Equality will need to approve the Office of Public Guardian's codes of practice (s.63(5)).  It would be better if the office were renamed to replace the paternalistic word "guardian".  In addition, perhaps the office should be on a more independent basis, like an ombudsman or other independent office.

It would be helpful if the Bill included a requirement that the courts provide written reasons for all of their decisions, and that these reasons be published on an anonymised basis.  This would provide real  transparency for the public, legal practitioners and civil society.


OTHER MATERIAL ON THE BILL

Press release - Department of Justice and Equality - Minister Alan Shatter and Minister Kathleen Lynch  

Blog post - Mary Donnelly, UCC

Blog post - Eilionóir Flynn, NUI Galway

Blog post - Lucy Series, NUI Galway

Joint Press Release from Civil Society Organisations

Irish Times Article - John Costello, Consultant at Beauchamps

Press Release from Irish Mental Health Lawyers Association

Press release from NUI Galway’s Centre for Disability Law and Policy

Press Release from Inclusion Ireland




Thursday, July 04, 2013

Events from July 2013 onwards

I've updated the listings of events at www.irishlaw.org/events/.
CC BY ncarey from Flickr

To receive an email each time a new event is added, enter your email address here: http://url.ie/5zj 

Here's the current list:

5-12 July 2013:
Certificate in Civil Litigation Updates Law Society Diploma Programme, Dublin
http://www.lawsociety.ie/Cert_Civil_Litigation_Updates.aspx

8-12 July 2013:
Summer School on Human Rights, Migration and Globalization, Irish Centre for Human Rights, NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=222

Fri. 12 July 2013 9.00 am:
Masterclass in Legal Writing and Drafting - Law Society Professional Training, Dublin
http://www.lawsociety.ie/Master_Class_in_Legal_Writing_and_Drafting.aspx

15-19 July 2013:
Certificate in Intellectual Property Rights Management, Law Society Diploma Programme, Dublin
http://www.lawsociety.ie/Cert_IP_Property_Rights_Management.aspx

Tue. 16 July 2013:
Prison Law Seminar: Civil Litigation by Prisoners, Irish Penal Reform Trust, Dublin
http://www.iprt.ie/contents/2526

Sat. 20 July 2013:
Tort Litigation 2013: All the Recent Developments - Trinity College Dublin
http://www.tcd.ie/Law/events/2013/Torts2013.php

Tue. 23 July 2013:
IPRT Annual Lecture 2013: "Solitary confinement: necessity, convenience or inhumanity?", Dublin
http://www.iprt.ie/contents/2524

Tue. 3 Sept 2013:
Closing date for abstracts for Contemporary Challenges in IHL, Annual Irish Red Cross International Humanitarian Conference, Dublin
http://www.redcross.ie/news/events/call-for-papers-contemporary-challenges-in-ihl/

3-6 September 2013:
Annual Conference of Society of Legal Scholars, Edinburgh, Scotland
http://conference.legalscholars.ac.uk/edinburgh/

4-7 Sept. 2013:
Parliaments and the Colonial / Imperial Experience in Ireland and the Wider World - International Commission for the History of Representative and Parliamentary Institutions, Dublin
http://www.ichrpi.com/meeting2013.html  

5-7 Sept. 2013:
Critical Legal Conference, Queen's University Belfast
http://www.qub.ac.uk/sites/clc2013/

Thu. 12 Sept. 2013 9.00 am:
Efficient Reading Techniques - Law Society Skillnet, Dublin
http://www.lawsociety.ie/Efficient_Reading_Techniques_12th_Sept_2013.aspx

Fri. 13 Sept. 2013:
Remedies for Breach of EU Law by Public Authorities - Irish Centre for European Law, Dublin
http://www.icel.ie

Wed. 18 Sept. 2013 2.00pm :
Employment Law Update - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Employment_Law_Update_13012.aspx

Wed. 25 Sept. 2013 2.00pm:
Acting for Executors, Trustees and Beneficiaries - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Acting_for_Executors_Trustees_and_Beneficiaries_13013.aspx

25-27 Sept. 2013:
U.S. / Ireland Law and Business Symposium, Westport, Co. Mayo
http://www.brehonsymposium.com

26-27 Sept. 2013:
Law Via the Internet Conference, Jersey
http://www.jerseylvi2013.org

29 Sept. - 1 Oct. 2013:
Comité Maritime International Symposium, Hosted by Irish Maritime Law Association, Dublin
http://www.cmi2013dublin.com

4 October 2013:
Closing date of Call for Papers - Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html

Fri. 4 Oct. 2013:
Preventable Harm: Criminal Justice, Communities and Civil Society - 16th Annual Conference of the ACJRD, Dublin
http://www.acjrd.ie/contents/215

Wed. 9 Oct. 2013 2.00pm :
Litigation Update - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Litigation_Update_2013.aspx

Wed. 16 Oct 2013 1.30pm :
Property Law Annual Conference, Law Society Professional Training in collaboration with members of the Conveyancing and Taxation Committees of the Law Society, Dublin
http://www.lawsociety.ie/Property_Law_Annual_Conference_2013.aspx

Thu. 17 Oct. 2013:
Contemporary Challenges in IHL, Annual Irish Red Cross International Humanitarian Conference, Dublin
http://www.redcross.ie/news/events/call-for-papers-contemporary-challenges-in-ihl/

Fri. 8 Nov. 2013:
Annual Environmental Law Conference - ICEL, Dublin
http://icel.ie/events_currentprogramme

Fri. 15 Nov. 2013 10.00am :
Essential Solicitor Update for 2013 - Law Society Skillnet, Cork
http://www.lawsociety.ie/Essential_Solicitor_Update_for_S1319.aspx

Wed. 20 Nov. 2013 2.00pm :
In-house and Public Sector Committee – Annual Conference, Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Inhouse_and_Public_Sector_Committee_Annual_Conference_13017.aspx

Fri. 22 Nov. 2013 10.00am :
General Practice Update 2013 Conference - Law Society Professional Training, Kilkenny
http://www.lawsociety.ie/General%7C_Practice_Update_2013_Conference_13018.aspx

Fri. 29 Nov. 2013:
Enforcing European Union Environmental Law Conference - Faculty of Law, UCC, Cork
http://www.ucc.ie/en/lawsite/wh-/details-216025-en.html

Thu. 5 Dec. 2013 9.30am :
Cross Border Insolvency Proceedings - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Cross_Border_Insolvency_Proceedings_13027.aspx

Thu. 5 Dec. 2013 6.00pm :
Tactical Negotiation Skills - Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13021.aspx

Tue. 10 Dec 2013:
How to use Blogging, Facebook, LinkedIn and Twitter in the legal sector, Law Society Professional Training, Dublin
http://www.lawsociety.ie/How_to_use_Blogging_Facebook_LinkedIn_Twitter_Legal_Sector.aspx

Thu. 12 Dec. 2013 6.00pm :
Tactical Negotiation Skills Law Society Professional Training, Dublin 7
http://www.lawsociety.ie/Tactical_Negotiation_Skills_13022.aspx

2014

23-24 May 2014:
Compensation Culture or Accident Culture? Comparative Tort Law Reform in the 21st Century - University of Limerick
http://irishlawblog.blogspot.ie/2013/05/cfp-compensation-culture-or-accident.html