Irish Law Updates

Events in November 2011 and After

2011-11-08T20:58:00.001Z

This is the listing of forthcoming events from November 2011 on. For the live listing, see www.irishlaw.org/events/.

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal and Welfare Concerns - Dublin
http://www.acjrd.ie/contents/133

Wed. 9 Nov. 2011:
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
http://www.pila.ie/events/2011/11/11/pila-pils-conference/

Fri.11 Nov. 2011:
Chartered Institute of Arbitrators International Young Members Group Conference, Law Library, Distillery Building, Dublin 7
http://www.arbitration.ie/

Fri. 11 Nov. 2011:
Extradition: The European Arrest Warrant and Fundamental Rights - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.-Sun.11-13 Nov. 2011:
Family Lawyers Conference - Belfast
http://www.familylawyers.ie/

Sat.12 Nov. 2011:
UCD Lawyers and Public Life: 100 Years of Activism and Influence - School of Law, UCD, Conference - Newman House, St. Stephen's Green, Dublin 2
http://www.ucd.ie/law/events/title,100574,en.html

Sat. 12 Nov. 2011:
Litigation Against Post-Primary Schools: All the Recent Decisions - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat.12 Nov. 2011:
Employment Law and Mental Health - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=147

Wed.16 Nov. 2011:
Casement’s speech from the dock and the archive of inhumanity - Dublin
http://www.lawsociety.ie/Pages/Events/25th-Hugh-M-Fitzpatrick-Lecture/

Thu.17 Nov. 2011:
Law on...Risk - Risk assessment in the criminal process in the context of mentally disordered offenders, persons seeking parole and temporary release - Dublin City University
http://dcu.ie/socio-legal/news/article/law-on-risk-seminar

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
http://www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin
http://www.isel.ie/

Fri. 18 Nov. 2011:
"Unimaginable Atrocities": International criminal tribunals, politics and human rights - Dublin
http://www.ucd.ie/law/events/

Sat. 19 Nov. 2011:
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=139

Sat. 19 Nov. 2011:
Criminal Law Update - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat. 19 Nov. 2011:
Integrating a Socio-Legal Approach to Evidence in International Criminal Tribunals - University College Dublin
http://www.ucd.ie/law/events/

Tue. 22 Nov. 2011:
Debt Collection and Enforcement of Judgments - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Thu.24 Nov. 2011:
The Autonomous Concept of 'Family' in the Jurisprudence of the European Court of Human Rights - Irish Society for European Law, Dublin
http://www.lawsociety.ie/Pages/Events/9th-Annual-Brian-Walsh-Memorial-Lecture/

Fri.25 Nov. 2011:
Enforcing European Union Environmental Law - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/EnforcingEuropeanUnionEnvironmentalLaw/

Fri. 25 Nov. 2011:
Competition in Energy and Regulated Markets - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Sat. 26 Nov. 2011:
Tort Litigation 2011: All the Recent Developments - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/events/

Sat. 26 Nov. 2011:
IWLA Seminar on the Legal Services Bill - Dublin
http://www.iwla.ie/

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu. 1 December 2011:
Access to Justice - FLAC Lecture by Baroness Nuala O'Loan - Dublin
http://www.flac.ie/news/events.html

Fri. 9 December 2011:
Conference on EU Migration Law - Irish Centre for European Law / Academy of European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Thu.-Fri. 12-13 January 2012:
SLSA Postgraduate Conference 2012 - Belfast
http://www.slsa.ac.uk/content/view/169/144/

Fri.-Sat. 2-3 March 2012:
Irish Society of Comparative Law Annual Conference - University College Cork
http://irishsocietyofcomparativelaw.blogspot.com/

Fri.23 March 2012:
Irish European Law Forum / The Enforcement of Competition Law - University College Dublin
http://www.ucd.ie/law/events/

Tue.-Thu. 3-5 April 2012:
Socio-Legal Studies Association conference, De Montfort University, Leicester, UK
http://www.dmu.ac.uk/faculties/business_and_law/conferences/slsa/

Fri.-Sat.20-21 April 2012:
Contemporary Housing Issues in a Changing Europe - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=135

Thu. 10 May 2012:
John M Kelly Memorial Lecture: Appraising the EU experiment after 60 years - University College Dublin
http://www.ucd.ie/law/events/

Travellers - Clare, Equal Status Act

2011-10-06T20:21:00.000Z

In 2008 I blogged about a complex case in County Clare concerning travellers bringing claims under the Equal Status Act 2000.

Thanks to Stare Decisis Hibernia, I see that High Court judgment was issued in July - Clare County Council v Director of Equality Investigations [2011] IEHC 303.

The Council made various complaints about ongoing Equality Tribunal hearings, e.g. that the claim forms submitted were not adequately completed. Hedigan J. refused various orders sought by the Council and allowed the hearings to proceed. Hedigan J. stated: "In establishing the Equality Tribunal, the Oireachtas did not intend to create a complex system of adversarial decision-making. The procedures before the respondents are not to have the formality of a court case."

Hedigan J. appeared to approve of the call-over system which was used to establish which claimants wished to proceed with their cases. He also emphasised that the claimants were entitled to be respresented by a non-lawyer (Ms Heather Rosen) and that "allowances must be made for the fact that lay persons and representatives do not articulate complaints in the same way as professionally qualified advocates".

Events in October 2011 and after

2011-10-05T10:35:00.000Z

This is the listing of forthcoming events from October 2011 on.

For the live listing, see www.irishlaw.org/events/.

Thu. 6 Oct. 2011:
E-Discovery Ireland 2011 - Dublin
http://www.ediscovery.ie/

11-15 Oct.2011:
ABA Section of International Law 2011 Fall Meeting - Dublin
http://bit.ly/aba-dub-2011

Tue. 11 Oct. 2011:
Alternatives to Litigation in a Civil Society - School of Law, Trinity College Dublin, International Centre for Dispute Resolution and American Arbitration Association
http://www.tcd.ie/law/events

Wed.12 Oct. 2011:
A comparison of sanction regimes in Ireland, the United States and Canada - ISEL Competition Law Forum, Dublin
http://www.isel.ie/

Thu. 13 Oct. 2011:
Annual Property Law Conference - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Fri.14 Oct. 2011:
Mental Health in the Criminal Justice System: The deliverables of the Department of Health’s ‘Vision for Change’ - ACJRD, Dublin
http://www.acjrd.ie/contents/109

Fri.14 Oct. 2011:
Current Developments in Public Procurement Law - ICEL - Belfast
http://www.icel.ie/

Wed. 19 Oct. 2011:
The Law and People with an Intellectual Disability - Dublin
http://www.inclusionireland.ie/LawConference.asp

Thu. 20 Oct. 2011:
Cohabitation and Civil Partnership: The New Law in Practice - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Fri. 21 Oct. 2011:
European Union Law in Practice - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/

Sat. 22 Oct. 2011:
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin
http://www.lawsociety.ie/Pages/Events/9th-Annual-Human-Rights-Conference/

Thu. 3 Nov. 2011:
Union Citizenship in Practice: Its scope of application, its impact on Residence Rights, Social Security entitlements and Immigration Procedures - ICEL, Dublin
http://www.icel.ie/

Thu. 3 Nov. 2011:
Annual Contract Law Update - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Sat. 5 Nov. 2011:
Insolvency Law and Practice in the 21st Century: Irish and International Experience - University of Limerick
http://www.ucc.ie/law/irishlaw/events/Insolvency-UL-05nov2011.pdf

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal & Welfare Concerns - Dublin
http://www.acjrd.ie/contents/133

Wed. 9 Nov. 2011:
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
http://www.pila.ie/events/2011/11/11/pila-pils-conference/

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
http://www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin
http://www.isel.ie/

Sat. 19 Nov. 2011:
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=139

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Events in September 2011 and after

2011-09-13T21:56:00.001Z

This is the listing of forthcoming events from September 2011 on.
For the live listing, see www.irishlaw.org/events/.

Fri. 16 Sep. 2011:
Irish Penal Reform Trust Annual Lecture - Minister Alan Shatter - Dublin
www.iprt.ie/contents/2173

Fri.-Sat. 16-17 Sept. 2011:
Law, State and Religion: An Interdisciplinary Conference in Honour of Dr Shirin Ebadi, UCD, Dublin
www.lawstatereligion.com/

Fri.23 Sept. 2011:
Employment Law Update 2011 - Law Society, Dublin
www.lawsociety.ie/LSPT/

11-15 Oct.2011:
ABA Section of International Law 2011 Fall Meeting - Dublin
http://bit.ly/aba-dub-2011

Tue. 11 Oct. 2011:
Alternatives to Litigation in a Civil Society - School of Law, Trinity College Dublin, International Centre for Dispute Resolution and American Arbitration Association
www.tcd.ie/law/events

Thu. 13 Oct. 2011:
Annual Property Law Conference - Law Society, Dublin
www.lawsociety.ie/LSPT/

Fri.14 Oct. 2011:
Mental Health in the Criminal Justice System: The deliverables of the Department of Health’s ‘Vision for Change’ - ACJRD, Dublin
www.acjrd.ie/contents/109

Wed. 19 Oct. 2011:
The Law and People with an Intellectual Disability - Dublin
www.inclusionireland.ie/LawConference.asp

Sat. 22 Oct. 2011:
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin
http://bit.ly/hum-rts-22oct11

Thu. 3 Nov. 2011:
Annual Contract Law Update - Law Society, Dublin
www.lawsociety.ie/LSPT/

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal and Welfare Concerns - Dublin
www.acjrd.ie/contents/133

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
www.pila.ie/events/2011/11/11/pila-pils-conference/

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin www.ukael.org/upcoming_events.html#isel

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
www.lawsociety.ie/LSPT/

CURRENT CONSULTATIONS:

Department of Health: Review of Mental Health Act 2001:
Submissions by Fri. 7 October 2011
www.dohc.ie/consultations/open/mental_healthact2011/

Law Reform Commission: "Submissions either verbal or written are welcome at any stage during our deliberations on any topic." www.lawreform.ie/submissions.9.html

LLM in IP and E Law at University College Cork

2011-06-08T23:18:00.002Z

LLM Intellectual Property and E Law

Vacancy: Lectureship in Law, UCC

2011-06-03T09:33:00.005Z

Lectureship in Law

One Year Fixed Term Post

Faculty of Law, College of Business and Law

Applications are invited for this one year post in the Department of Law. The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of providing innovation and excellence in legal education and research, including a contribution to policy development and society.

As one of the largest departments in University College Cork, Law has a distinguished history over many decades in attracting high quality students and recruiting high quality staff nationally and internationally. The Law Department operates with a complement of twenty seven full-time academic staff providing BCL, LLB, LLM and PhD programmes, in addition to an Evening BCL programme. Moreover, it offers law modules across a range of programmes in all disciplines in the University.

Applications are invited for a full-time temporary one year Lecturer post in the Department of Law. The holder of this post, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants must hold a post-graduate qualification in law. The post holders will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and to be actively engaged in research.

Informal enquiries may be made to Professor Steve Hedley, Head of Department of Law, email: s.hedley@ucc.ie

Further information on the Department can be found online on www.ucc.ie/en/lawsite/

Salary scale (new entrants 2011)*: €31,821 - €51,270 / €62,353 - €81,459

* Existing public servants continuously employed in the public sector on/after 31st December 2010 will be placed on the 2010 salary scales (non new entrants). In all instances the successful appointment will be at the first point of the scale

Closing date: 12 noon, Friday, 24th June 2011

Application forms must be completed, and are available, together with further details, on our website at: www.ucc.ie/hr/vacancies or from the Department of Human Resources, University College Cork, Ireland. Tel: +353 21 4903603 / Email: recruitment@per.ucc.ie / Fax: +353 21 4271568

Please note that an appointment to posts advertised will be dependant upon University approval, together with the terms of the employment control framework for the higher education sector

University College Cork is an Equal Opportunities Employer

Contrasting Recent Internet Copyright Cases

2011-05-18T08:04:00.004Z

I wrote an article (available here) for the Sunday Business Post on 8 May contrasting two recent Internet Copyright Cases - the opinion of the Advocate General of the ECJ in Scarlet v SABAM (Press Release Full text in French) and the English High Court judicial review regarding the Digital Economy Act, R. (British Telecom & TalkTalk) v Secretary of State for Business, Innovation and Skills.

In the Scarlet case, the Advocate General issued an opinion against a Belgian court order requiring an ISP to block and filter material which is in breach of copyright. The opinion strongly emphasised the human rights at stake, as expressed in the EU Charter of Fundamental Rights and the Lisbon Treaty. For example, he said the court order unduly restricted the right to privacy of communications and the right to protection of personal data. He acknowledged that such rights could be restricted by law, but considered that the court order was not sufficiently accessible, clear or predictable.

In the British Telecom and Talk Talk case, the English High Court rejected most challenges to Britain’s 2010 Digital Economy Act, which allows blocking of sites that infringe copyright, and ‘‘three-strikes’’ style disconnection for users who breach copyright. Mr Justice Kenneth Parker found that the new scheme laid down by the Act would improve the existing process which involves copyright holders applying to court to seek to identify copyright infringers. The role of ISPs will be ‘‘passive’’, in that they react to notices of infringement drawn up by copyright holders. The holders send the notices to the ISPs which then send them on to customers. While fundamental rights such as privacy and freedom of expression are affected, Parker J. held that the British parliament had struck a proportionate balance between those rights and the property rights of copyright holders. He emphasised that the British government had extensively consulted copyright holders and ISPs before enacting the legislation, and he deferred to Parliament in choosing between policy options.

In Ireland, there have been a number of court cases about the role of ISPs in copyright infringement. In the most recent one, EMI v UPC last October, Mr Justice Peter Charleton decided that he could not grant an injunction restraining UPC from making available to the public sound recordings which infringed copyright. He found that s. 40 of the Copyright and Related Rights Act 2000 did not include an explicit power to authorise an order of this type, as it covered only removal of files, not blocking or diverting access.

At the end of the article, I said that there will be a need for detailed debate in Ireland on the implications of the English and Belgian cases, and the appropriate balance to be struck between the competing rights and interests. A mere superficial amendment of our 2000 Act will not be an adequate response.

Since the article was published, it has been announced that the Irish Government is to review copyright law, by means of a Copyright Review Committee consisting of Dr Eoin O'Dell, Ms Patricia McGovern and Professor Steve Hedley. Submissions to the Copyright Review Committee should be sent to copyrightreview@deti.ie or posted to Copyright Review, Room 517, Department of Enterprise, Jobs and Innovation, Kildare Street, Dublin 2. Submissions should be received by close of business on 30 June.

ICCL Consultation on the Veil in Irish Schools

2011-05-12T12:41:00.000Z

The Irish Council for Civil Liberties (ICCL) is organising a consultation on its Policy Paper on the Veil in Irish Schools: An Equality and Human Rights Analysis .

The event is scheduled to take place from 2.15pm-4.30pm on Monday, 23 May 2011 in the Equality Authority, 2 Clonmel Street, Dublin 2 and is aimed at educational managers, educationalists, parliamentarians, public policy makers, legal practitioners, academics and members of civil society.

Corinna Ferguson [see picture above], Legal Officer with UK human rights group Liberty, will discuss her organisation’s recent success in representing 14-year-old Sarika Singh who successfully argued that her school breached race relations and equality laws by excluding her for wearing the kara which is a Sikh bracelet and a central tenet of the Sikh religion.

Tanya Ward, Deputy Director with the ICCL, will outline the ICCL’s recommendations in this area and seek feedback from interested individuals and parties (see paper attached). Ward will also summarise any feedback received to date.

If you are interested in attending this event, please rsvp by 5pm, Friday, 20 May 2011 to Joanne Garvey, Administrator, ICCL, 9-13 Blackhall Place, Dublin 7, Email: joanne.garvey@iccl.ie ; Tel: (01) 799 4504

About Corinna Ferguson

Corinna Ferguson is a barrister and has been a legal officer at Liberty since August 2008. She is currently working on cases concerning religious freedom in the workplace, the duty on the state to investigate allegations of inhuman and degrading treatment in an immigration detention centre and police photography of peaceful protesters. Ferguson is a regular contributor to Liberty’s Legal Clinic which is hosted by the Guardian Newspaper.

About the ICCL’s Paper

The ICCL has prepared a paper for consultation in response to the ongoing debate concerning the wearing of the hijab (head veil) in Irish schools and the Minister for Education and Science’s recommendations on the wearing of school uniforms. The ICCL’s paper considers the likely impact of the recommendations and examines whether exclusions of pupils wearing hijabs or niqabs (full covering) from schools complies with the State’s constitutional, legal and international human rights obligations. The paper also makes recommendations aimed at the Department of Education and Science, patrons of schools and school management and others interested parties in the education sector.

International Copyright Conference to be held in Dublin 30th June - 1st July, 2011

2011-05-12T11:48:00.000Z

The Copyright Association of Ireland is delighted to be hosting the bi-annual Study Days of ALAI in Dublin over the two days 30th June and 1st July 2011. It’s a rare opportunity to hear leading world copyright lawyers and industry representatives debate pressing issues and reflect on new challenges to copyright paradigms.

Speakers are drawn from academia, international organisations and the copyright industries, with a sprinkling of judges and practitioners. International participants include the President of HADOPI, the French online enforcement agency, and prolific author Professor Silke von Lewinski of the Max Planck Institute. The industry perspective will be represented by speakers from Google and the Walt Disney Corporation. Irish contributors will include Judge Peter Charleton, Professor Robert Clark, and Helen Sheehy, Solicitor, who represented the Plaintiffs in the Eircom/UPC file-sharing litigation.

The cost of the two-day conference package is €400, which includes lunch on both days, and conference dinner on 1st July. There is a special one-day rate of €150. Student discounts are available.

The programme and application forms can be accessed at http://www.alaidublin2011.org/

Conference on OTC Derivatives and the Global Financial Crisis

2011-05-09T08:33:00.001Z

Fri. 20 May 2011:
Forging a New Regulatory Balance: OTC Derivatives and the Global Financial Crisis - Dublin
www.ucd.ie/reggov/newsevents/body,87212,en.html

UCD Centre for Regulation and Governance

The Global Financial Crisis (GFC) has revealed certain weaknesses in financial regulation, generating both commentary and policy responses.

Within elements of this commentary, over the counter (OTC) financial derivative instruments, in particular, have been held up as a prime example of a market warranting substantially more direct public regulatory intervention, exemplified by recent regulatory proposals emanating from the United States and the European Union. This conference will map out both the historical and emerging nature and operation of both public and private regulation in the OTC derivatives markets. This offers participants a sense of where OTC derivatives regulation has been and where it is likely to go in the future, including its capacity to cope with challenges thrown up by the GFC. This will be coupled with an emphasis on OTC equity derivatives and the particular challenges they present to traditional corporate governance paradigms.
This includes discussion both of the potential benefits of OTC equity derivatives as well as their capacity to skew incentives in the market for corporate control and facilitate a sidestepping of public disclosure rules

This conference will be relevant to lawyers, accountants and other professionals with interest and experience in financial markets.

Venue: UCD Newman House, 85/86 St Stephens Green, Dublin 2

Further Information and Booking Form:

www.ucd.ie/reggov/newsevents/body,87212,en.html

Programme for Burren Law School 2011

2011-04-19T22:02:00.003Z

www.burrenlawschool.org

Extracts from Programme:

Burren Law School 2011
Imagining a New Republic
A Contemporary and Brehon Perspective
Director: Fintan O'Toole
Friday 29th April- Sunday 1st May 2011
Burren College of Art, Newtown Castle, Ballyvaughan, Co. Clare

www.burrenlawschool.org Bookings 065 7077200

Friday 29th April 2011
8.30pm OPENING ADDRESS IMAGINING A REPUBLIC
Theo Dorgan, poet

Saturday 30th April 2011

CITIZENS OR SUBJECTS? CIVIL SOCIETY AND THE REPUBLIC
Professor Fred Powell
Professor of Social Policy and Dean of Social Science, UCC

THE LAW AND THE REPUBLIC
Dearbhail McDonald
Legal Affairs Correspondent, The Irish Independent

John McMenamin
Judge of the High Court

THE IRISH REPUBLIC: THE HISTORY AND FUTURE OF AN IDEA
Dr Iseult Honohan
Senior Lecturer in Politics, UCD

PUBLIC IDEAS FORUM - PECHA KUCHA* SESSION
10 presentations, each lasting 6 minutes
(If you would like to have your say, let us know in advance by emailing anna@burencollege.ie)
This method of presentation was developed by architects in Japan in 2003. The idea is to share a lot of ideas without anyone person taking all the time available. (The architects who started it said all architects talked too much).

Sunday 1st May 2011

THE DUTIES OF RULERSHIP IN BREHON LAW
Professor Donnchadh O Corrain
Emeritus Professor of History, UCC

TOWARDS A NEW REPUBLIC
Justine McCarthy, columnist Sunday Times
Elaine Byrne, Trinity College Dublin
Fintan O'Toole, Irish Times
Dr Tom Hickey, legal and political theorist, UCD

Venue: Newtown Castle, Burren College of Art,
Ballyvaughan, Co. Clare
Tel: 065 7077200 Fax: 065 7077201
www.burrenlawschool.org Email: admin@burrencollege.ie
The Burren Law School is supported by
BURREN COLLEGE OF ART
www.burrencollege.ie

U.S./Ireland Legal Symposium to take place in the West of Ireland

2011-03-08T09:38:00.001Z

The inaugural U.S./Ireland Legal Symposium will take place in Westport, Co Mayo from 11-13 May 2011. This international Symposium will be hosted by the Brehon Law Society of Philadelphia and is supported by the Western Development Commission (WDC), Mayo County Council and Temple University Beasley School of Law in Philadelphia.

Topics relevant to international business exchange are high on the agenda and this event qualifies for CPD hours. Attendees will include Irish and American lawyers, business consultants and businesses operating in Ireland, the United States and the United Kingdom. Delegates will also include representatives from the banking and financial services sector, accountants and tax professionals, venture capitalists, state bodies, government departments and local authorities.

The Symposium will be chaired by Deirdre Somers, Chief Executive of the Irish Stock Exchange (ISE) and Vice President of the Federation of European Securities Exchanges (FESE). Guest speaker at the Gala Dinner will be Enda Kenny TD, Leader of Fine Gael.

Speaking at the launch of the Symposium at Knockranny House Hotel, Joseph T Kelley, President of the Brehon Law Society of Philadelphia said, “The theme of this year’s Symposium is ‘Doing Business in the U.S. / Ireland / Europe – Critical Legal Issues for U.S. and Irish Companies’. The programme will address topics which are essential for international business exchange between both countries and will include import/export regulations, legal trends in the U.S. and Ireland and how to navigate cross border legal risks in intellectual property”.

The WDC is the key instigator in bringing this Symposium to the West of Ireland. It is supported by Mayo County Council in this initiative which dovetails with Government plans for trade, tourism and investment.

U.S. legal groups are no strangers to Ireland as part of their quest for continuing legal education. However, most trips have typically focused on Dublin. The U.S./Ireland Symposium is the first event of its kind to draw lawyers from across the United States and throughout Ireland to an event in the Ireland’s Western Region.

Speakers:

Deirdre Somers: Chairperson for the Brehond Law Syposium; CEO, Irish Stock Exchange

Enda Kenny: Offical address at the Gala Conference dinner; Leader of Fine Gael

Kelly G. Huller: Vice President - Legal, Globus Medical, Inc.

John J. Egan: J Egan & Associates, LLC and J Egan Consulting LLC

The Honorable Joseph Rocks: Chairman and Chief Executive Officer, NHS Human Services

Nevan Elam: Chief Executive Officer, Aero Surgical Limited

Frank Ryan: Chief Executive Officer, Enterprise Ireland

Gerry Kilcommins: President, American Chamber of Commerce

Regina Brehony: Director General, Irish Venture Capital Association

Gillian Buckley: Chief Executive Officer, Western Development Commission

Brendan Cahill: Partner, William Fry

Kieran Cowhey: Partner, Dillon Eustace

Jeanne Kelly: Partner, Mason Hayes & Curran

John Malady: Principal, Malady and Wooten Public Affairs

Kevin Dooley Kent: Shareholder, Conrad O'Brien PC

Joseph T. Kelley Jr.: Founder/Managing Partner, Kelley & Murphy

Agenda

The following topics will be addressed by Irish, European and U.S. speakers and panelists at the Symposium:*

Accessing Capital and Starting Up a Business

Attracting venture capital, capital finance, banking (bulleted list)
State funding and grant assistance
Legal structure and formations, redomiciliation, mergers and acquisitions and other areas of corporate law
Public private partnerships
Current tax and accounting issues

Conducting Business/Comparative Analysis

Employment and Benefits
Insurance
Immigration
Lobbying
Public Law, Regulatory Law
Intellectual Property Law
Legal issues relevant to Hi-Tech Industries
Corporate Social Responsibility and Corporate Governance
Investigations and Fraud
Contracts and Commercial Transactions

Litigation and Dispute Resolution

Commercial/Regulatory Litigation
Alternative Dispute Resolution
Ireland as a Forum for Alternative Dispute Resolution

* Topics are subject to change. A final program will be circulated to all delegates and interested parties as speakers and panels are confirmed

The website for bookings etc is www.brehonsymposium.com.

FitzPatrick Family Foundation Doctoral Scholarship (Criminology, Criminal Justice, Penology)

2011-03-07T10:55:00.001Z

FitzPatrick Family Foundation Doctoral Scholarship

UCD Institute of Criminology

University College Dublin

Closing Date: Friday April 22nd

The UCD Institute of Criminology, part of UCD’s School of Law, is pleased to offer one doctoral scholarship in the area of criminology/ criminal justice / penology.

Applications are sought from exceptional graduates for a scholarship to undertake on a full-time basis a four year funded PhD programme of research in the fields of criminology, criminal justice, or penology. The scholarship is being generously funded by the FitzPatrick Family Foundation. It is available to candidates commencing their studies in September 2011 and is tenable for a maximum of four years, renewable each year subject to satisfactory progress.

In addition the payment of fees there is an annual stipend of €16,000 per annum (plus a €500 conference attendance allowance) and is open to Irish, EU and International applicants. In the case of non EU applicants any offer is conditional on the applicant demonstrating at the time of accepting the offer that s/he has sufficient funds to supplement the living allowance to cover the cost of living in Dublin. Information for international students contemplating a period of study at UCD is available at: http://www.ucd.ie/international

To apply please submit an application on-line at http://www.ucd.ie/apply/. Letters of application should be accompanied with a proposal for research (300-500 words in length).

Please also send a covering letter explaining

· why you wish to undertake a PhD, and in particular, why you wish to undertake a PhD at UCD Institute of Criminology.

· why you would be a suitable recipient for the scholarship.

This letter should be no more than 2 sides of A4 single-spaced and can be sent either as an email attachment to niamh.mccabe@ucd.ie or in hard copy to Ms. Niamh McCabe, Graduate Programme Manager, School of Law, UCD, Roebuck Castle, Belfield, Dublin 4, Ireland. Please note that it is your responsibility to ensure that references are received before the closing date for this scholarship.

Please direct any queries regarding the application process to Niamh McCabe at the above email address or by telephone on + 353 1 716 8769.

Late applications will not be accepted.

All applicants will be notified of the outcome of the decision of the scholarship committee. No correspondence will be entered into about the committee’s decision.

Vacancy - Professorship of Law at UCC

2011-03-03T16:21:00.002Z

Applications are invited for the post of Professor of Law at University College Cork to lead research, contribute to UCC’s national and international profile in Law, and play a critical role in attracting external research funding. The Department of Law at University College Cork is recognised as one of the University’s centres of excellence in research and teaching. The Department of Law at UCC has 46 full-time and part-time teaching and research staff with a large undergraduate and growing postgraduate student body with a strong doctoral programme.

The Department of Law at UCC has an outstanding record of research and publication, a strong and vibrant research culture and has been the recipient of numerous major national and international grants and awards. The appointee will be expected to play a pivotal academic leadership role in further developing these strengths and to be a distinguished contributor to research and teaching at both undergraduate and postgraduate levels, PhD supervision and administrative elements of the Department

UCC law academics are centrally involved in the development and implementation of College and University policies and strategies and the Law Faculty is well-known also for its public engagement and its contribution to professional, civil and legal life at national and international level.

The appointee shall be an outstanding legal scholar of international standing and shall have a significant track-record of sustained internationally published research. S/he will have the capacity to act as Dean of the Faculty of Law together with the requisite communication, management, administrative and leadership skills.

For further information on the post and Department see www.ucc.ie/hr/vacancies/academic

Salary Scale (Scale B): €113,604 - €145,953

Completed application forms must reach the Recruitment Office, Department of Human Resources, University College Cork, Ireland, before 12pm on Friday 8th April 2011.

University College Cork is an equal opportunities employer.

Constitutional Law: An Update - UCD Constitutional Studies Group seminar

2011-02-22T16:27:00.003Z

Constitutional Law: An Update

School of Law, Roebuck Castle, University College Dublin

Wednesday March 2nd 2011

6.00-8.30 pm

2.5 CPD HOURS

Conference schedule

5.45 Registration.
6.00 The top 20 cases of 2010 — Eoin Carolan.
6.30 Questions and answers

6.40 Recent developments in Irish constitutional law – Eoin Carolan.
7.20 Questions and answers

7.30 Constitutional Reform: a new conventional wisdom? – John O’Dowd.
8.10 Questions and answers.

Booking Details
Conference Fee: €60 (practitioners of at least 5 years experience; government representatives)
Conference Fee: €45 (practitioners of less than 5 years experience; students; NGO representatives; the
unwaged).

To Reserve a Place: sinead.hennessy@ucd.ie

Speaker Details

Eoin Carolan B.L. is a practising barrister and a lecturer in Constitutional Law in University College
Dublin. He has contributed to a number of works in this area, including The New Separation of
Powers (Oxford University Press, 2009), The Irish Constitution: Governance and Values (Thomson
Round Hall, 2008) and The Right to Privacy (Thomson Round Hall, 2008). He is also the internal examiner for the FE-1 examinations for the Law Society of Ireland.

John O’Dowd has lectured constitutional law in UCD since 1992. He a member of the European
Group of Public Law and regularly contributes to conferences and publications of that international group of experts on constitutional and administrative law and in other fora. He is the internal examiner for Irish Constitutional Law in the entrance examination for the Degree of Barrister at Law in the King’s Inns.

www.ucd.ie/law/constitutionalstudiesgroup/events/

More events: www.irishlaw.org/events/

Constitutional Reform Seminar Series: Health Care and Children's Rights

2011-02-04T20:22:00.000Z

Constitutional Reform Seminar Series: Health Care and Children's Rights
University College Cork

The third seminar in the Constitutional Reform Seminar Series will take place on Friday 25th February 2011 in Brookfield Health Sciences Room G10.
This session will focus on health care and children's rights. Confirmed speakers for the seminar include:

Maeve Lewis, Executive Director, One in Four
Claire Hayes, Lecturer, School of Nursing and Midwifery
Mary Hughes, Lecturer, School of Nursing and Midwifery
Dr Mary Donnelly (Seminar Chairperson), Faculty of Law

The seminar is free to attend and open to all. However, as places will be limited, please confirm your place by sending an email in advance to Shannon at childrensrightsseminar@gmail.com . The seminar will run from 1-3 pm with coffee/tea beforehand.

The seminar is organised by the Faculty of Law, the School of Applied Social Studies, the Irish Social Sciences Platform, and the ISS21 Children and Young People Research Cluster. The seminar is funded by PRTLI4 through the ISS21 Children and Young People Research Cluster

The full text of the Joint Committee on the Constitutional Amendment on Children (2010) report is available at this link: www.oireachtas.ie/viewdoc.asp?DocID=9925.

Best wishes

Dr Ursula Kilkelly (Law), Dr Conor O'Mahony (Law) & Dr Kenneth Burns (Applied Social Studies)

University College Cork

www.ucc.ie/en/iss21/

Call for Papers Centre for Criminal Justice and Human Rights Postgraduate Conference 2011

2011-02-01T13:39:00.002Z

The Centre for Criminal Justice and Human Rights at University College Cork is pleased to announce its fifth Annual Postgraduate Conference which will take place on Thursday, 28th April, 2011. The conference is aimed at those who are undertaking postgraduate research in the areas of criminal law, criminal justice and human rights. The Organising Committee is particularly eager to incorporate multi-disciplinary perspectives. Abstracts are welcome from scholars from disciplines outside of law (such as politics, social studies, sociology and philosophy, for example) who are working on related topics.

The theme for this year's event is “Human Rights Protection and Criminal Justice in the Age of Crisis”. The aim is to reflect upon the impact of crises on fundamental rights protection and the criminal law. We hope that this theme will encourage debate on the challenging and complex questions which arise in turbulent times. We are especially interested in papers that relate to human rights, criminal justice, criminal law or the intersection of these fields. However, we also welcome papers dealing with issues outside these areas that fall within the broader theme of the conference. Papers will be streamed thematically. Anticipated sessions include "Contemporary Discourse in Criminal Law", "Civil Liberties, Technology and State Security Claims" and "International Law, Human Rights and Development Policy". Session titles will be finalised based on submissions, and the Committee also invites proposals for additional streams.

This international one-day event has attracted promising research scholars from Ireland, the UK and Europe in the areas of law, politics, philosophy and the related social sciences. This year's conference aims to build on this success.
Details of the keynote speaker will follow shortly.
Please submit an abstract (max. 300 words) to the organising committee by Friday 18th February 2011. Successful conference submissions will be notified by Friday, 4th March 2011. Submissions and further enquiries should be directed to ucclawconf@gmail.com.
--
UCC Law Postgraduate Conference
Department of Law
University College Cork
Western Road
Cork
Ireland

ucclawconf@gmail.com

http://twitter.com/ucclawconf - Feel free to retweet to friends and colleagues!

Events from January 2011 on

2011-01-25T22:37:00.001Z

=== Forthcoming Events ===
Details of events at http://www.irishlaw.org/events/
To receive an e-mail each time a new event is added, use this link to submit your e-mail address:
http://url.ie/5zj
Organisers of events: To submit your event for consideration, see information at http://www.irishlaw.org/events/submit.shtml

Fri.28 Jan. 2011
Remedies in EU Law - Irish Centre for European Law, Dublin
http://www.icel.ie

Tue. 1 Feb. 2011, 6.15 p.m.:
"If These Walls Could Talk: The Graffiti of Female Prisoners" - Irish Women Lawyers Association, Dublin
http://bit.ly/iwla-jan

Wed. 2 Feb. 2011:
The EU and International Law: Uneasy Bedfellows - Professor Takis Tridimas at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Sat.12 Feb.2011, 10.00-4.30:
Contemporary Issues in Child and Family Law, presented by the Department of Law, Dublin Institute of Technology, in association with Fulbright Ireland
http://www.dit.ie/socialscienceslaw/newsevents/

Wed. 16 Feb. 2011:
Religion and Human Rights: Towards a Better Understanding - Professor Mashood Baderin (SOAS) at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Tue.22 Feb. 2011:
The Legal and Policy Challenges of Financial Elder Abuse - National Centre for the Protection of Older People, Dublin
http://www.ncpop.ie/index.php?uniqueID=8

Wed. 23 Feb. 2011:
The Middle East International Law Dynamics - Mr Solon Solomon at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 24 Feb. 2011:
The General Principles of EU Law in the Light of the Rulings in Mangold and Kücükdeveci -
Professor Michael Dougan (University of Liverpool) at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Mon.28 Feb.2011:
Irish Approaches to Justice, Special Edition of the Irish Journal of Legal Studies: Call for Papers; Expressions of interest to n.howlin@qub.ac.uk by 28 February

1-2 April 2011:
The Legacy and Future of the ECHR: Evaluating Sixty Years of the European Human Rights Project - University College Dublin School of Law PhD Workshop on Human Rights
http://www.ucd.ie/law/newsevents/name,73847,en.html

11-12 April 2011:
British and Irish Law, Education and Technology Association conference - Manchester
http://www.bileta.ac.uk

12-14 April 2011:
Socio-Legal Studies Association conference - Brighton
http://www.slsa.ac.uk/content/view/179/139

19-21 April 2011:
Crossing Borders: Legal Education United - Association of Law Teachers, Cardiff
http://www.lawteacher.ac.uk/events/?id=20

Fri.-Sat. 29-30 April 2011:
Irish Society of Comparative Law Annual Conference, UCD School of Law, Dublin
Call for Papers - The Society is seeking especially proposals which place Irish law (in either part of Ireland) in a comparative dimension but is also open to comparative analyses from other legal systems. Any topic in comparative law or legal systems may be proposed: private or public law, criminal law and criminal justice, legal education, legal history, etc.
http://www.irishlaw.org/events/iscl-cfp-2011.pdf

29 April-2 May 2011:
Burren Law School 2011
http://www.burrenlawschool.org/programme.html

16-18 June 2011:
British and Irish Association of Law Librarians conference - Newcastle
http://www.biall.org.uk

CURRENT CONSULTATIONS:
Law Reform Commission:
"Submissions either verbal or written are welcome at any stage during our deliberations on any topic."
http://www.lawreform.ie/submissions.9.html

Irish Human Rights Commission - Have your say on Ireland's human rights record
The IHRC, as Ireland's National Human Rights Institution, will submit its own report for the Universal Periodic Review process. To inform our report, the IHRC welcomes contributions from the Irish Public and its other stakeholders. Submissions for consideration in our report should be made to the IHRC by 14 February 2011.
Members of the Public can write to us outlining their human rights concerns at upr@ihrc.ie
Stakeholders are also invited to submit their views for consideration in the IHRC's Report at upr@ihrc.ie

=== About Irish Law Updates ===

To join or leave the Updates list, go the main page of the Irish Law Site at UCC at http://www.irishlaw.org and insert your name and e-mail in the relevant box.

The Irish Law Updates e-mail list is used for periodic updates on issues of importance to Irish and Northern Irish law on the Internet. It is a low-traffic list, with a maximum of one message per week.
For the separate Irish Law discussion list, see the 'Join or Leave the IrishLaw list' link on the Irish Law site at http://www.irishlaw.org.

Members of the Irish Law discussion list automatically receive all the Irish Law Updates messages as well, so there is no need to join the two lists.
The Updates list currently has 1,760 members. When combined with the 530 members of the IrishLaw Discussion list, these messages are received by 2,290 people.
For the RSS feeds see the buttons on the Irish Law home page - http://www.irishlaw.org
To receive an e-mail each time a new event is added to Irish Law Events, use this link to submit your e-mail address:
http://url.ie/5zj

To receive an e-mail each time a new post is added to the Irish Law Updates blog:
http://www.feedblitz.com/f/?Sub=135134
View a World Map showing locations of visitors to the Irish Law Site: http://www.tinyurl.com/fjute

For instructions on how to feed Irish Law updates to your desktop see http://www.irishlaw.org/siteinfo/syndication.shtml
Twitter Feed: http://twitter.com/dariuswirl

For further information contact Dr Darius Whelan, Law Department, University College, Cork, e-mail d.whelan@ucc.ie
University College Cork Law Faculty website - http://www.ucc.ie/law/

If These Walls Could Talk: The Graffiti of Female Prisoners

2011-01-25T20:30:00.001Z

The Irish Women Lawyers Association (IWLA)

are hosting a talk by

Niamh O’Sullivan BL

former curator of Kilmainham Gaol archive
and author of Every Dark Hour and Written in Stone

entitled

"If These Walls Could Talk: The Graffiti of Female Prisoners"

at 6.15 p.m. on Tuesday 1st February 2011

in the Multimedia room, Distillery Building
145/151 Church Street
Dublin 7

Refreshments will be served

This event is free to all members of IWLA.
A nominal fee of €5.00 will be charged to non members who wish to attend.

In order to assist in the organisation of refreshments please indicate if you are attending by e-mailing events@iwla.ie, or by phone to 087-9480388 by Friday 29th January 2011.

Information on IWLA is available on the website: www.iwla.ie.

CFP - Irish Society of Comparative Law

2011-01-17T10:03:00.002Z

The ISCL Annual Conference will take place on 29-30 April 2011 in University College Dublin School of Law.

Call for Papers

The Society is seeking especially proposals which place Irish law (in either part of Ireland) in a comparative dimension but is also open to comparative analyses from other legal systems. Any topic in comparative law or legal systems may be proposed: private or public law, criminal law and criminal justice, legal education, legal history, etc.

The closing date for submission of abstracts is 21 February 2011.Abstracts should be submitted to Dr. Marie-Luce Paris at marieluce.paris@ucd.ie.

www.irishlaw.org/events/iscl-cfp-2011.pdf

http://irishsocietyofcomparativelaw.blogspot.com

Events in September 2010 and after

2010-09-03T11:27:00.005Z

Events in September 2010 and after include the following.
For full listings see www.irishlaw.org/events/

Thu.9 Sep.2010:
Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html

Fri.10 Sept.2010:
International conference on Gender Equality, Citizenship and Multiculturalism in Contemporary Europe - Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/en/ccjhr/fullstory-105503-en.html

13-16 Sept.2010:
Society of Legal Scholars Annual Conference 2010 - Southampton
http://www.legalscholars.ac.uk/southampton/index.cfm

Thu.16 Sep.2010:
The Future of Human Rights in the UK - Northern Ireland Human Rights Commission Annual Conference, Belfast
http://www.nihrc.org/index.php?page=events&Itemid=106

Tue.21 Sep.2010:
An Introduction to Energy and Environmental Law - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.23 Sep.2010:
Shifting Focus: From Criminal Justice to Social Justice - Dublin
http://www.iprt.ie/contents/1793

Thu.30 Sep.2010:
Civil Partnership Act - Limerick
http://www.iwla.ie/seminars.htm

Tue.5 Oct.2010:
Keeping up with the Neighbours: Equivalence of Human Rights Protections since the Agreement - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.-Sat.8-9 Oct. 2010
Canadian-Irish Family Law Judicial Conference, Maynooth, Co. Kildare
http://www.familylaw2010.com

Fri. 8 Oct. 2010:
Criminal Litigation Update - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.14 Oct. 2010:
Recent Equality Decisions - Dublin
http://www.iwla.ie/seminars.htm

Fri.15 Oct.2010:
Women in the Criminal Justice System - Association for Criminal Justice Research and Development, Dublin
http://www.acjrd.ie/contents/51

28-29 Oct.2010:
Annual Conference on European Migration Law - Trier
http://www.era.int

Fri-Sat.19-20 Nov. 2010:
Forgotten Rights, Forgotten Concepts - Conference as part of ICHR 10th Anniversary Celebrations - NUI Galway
http://www.nuigalway.ie/human_rights/10thanniversary.html

Thu.25 Nov.2010:
Annual Family Law Conference - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.25 Nov. 2010:
Ombudsman for Children - Limerick
http://www.iwla.ie/seminars.htm

Fri.26 Nov. 2010:
Thirty Years of Irish Scholarship: Lessons from the Past, Visions for the Future - Irish Association of Law Teachers, Limerick
http://www.ialt.ie/event/annual-conference

White Collar Crime Lecture Series - Part 1

2010-06-24T12:58:00.000Z

Irish Women Lawyers Association (IWLA) White Collar Crime Lecture Series - Part 1

Saturday, July 3rd 10.00-1.00pm

Green Hall, Law Society of Ireland, Blackhall Place, Dublin 7

9.30: Registration

10.00 Regulatory Crime
Dr. Shane Kilcommins, Law Department, UCC

10.30 Corporate Enforcement - Breaches of Company Law & Corporate Governance
Kevin Prendergast, Corporate Compliance Manager ODCE.

11.00 Q & A

11.15 Coffee & Networking

11.45 The Challenges in the Prosecuting of White Collar Crime
Detective Sergeant Catharina Gunne, Commercial Fraud Investigation Unit, GBFI

12.15 Money Laundering. Detective Sergeant
Clodagh White, Financial Intelligence Unit - attached to the GBFI

12.45 Q & A and Networking

Cost : I.W.L.A Members €25; Non-Members: €50;
Students, devils, apprentices, or those under 5 years practice or unwaged: €15.

SPECIAL OFFER: Join/renew membership of IWLA & book for the conference at a special price of €50.

To book : email admin@iwla.ie or post to: IWLA, The Distillery Building, 145 - 151 Church St., Dublin 7.
Cash or cheques payable to "IWLA" (No credit card facilities available)
This conference may be accredited for CPD hours and is open to all interested parties (i.e. not confined to IWLA members)

www.iwla.ie

Irish Mental Health Lawyers Association seminar - Dublin, 27 May 2010

2010-05-21T11:14:00.008Z

Irish Mental Health Lawyers Association
Seminar and Launch of Irish Mental Health Lawyers Association website http://www.imhla.org/

Launch of website by Miriam O'Callaghan

Brief Presentations will be given by:

Darius Whelan, Faculty of Law, University College Cork, on Reforming Mental Health and Mental Capacity Law

Ciaran Craven B.L., MB, B.Ch, BAO, B.Sc

Lianna Murphy, Project Officer with the Public Interest Law Alliance (PILA), a project of Flac, on Opportunities for Public Interest Law in Ireland

Date: Thursday 27th May 2010
Venue: Distillery Building, 145-151, Church St., Dublin 7.
Time: 6.00pm

Seminar Fee: Members - 30 euro / Non-Members - 60 euro

CPD points will be awarded for attendance at this Seminar

Name : ...........................................................
Address:..............................................................................................................................................
Telephone:....................................................... Fax:................................................................
email:........................................................................................................................................

Those wishing to attend should complete this Registration Form, and send it to:

Joan Doran Solicitor, 26, Upper Pembroke Street, Dublin 2.
Fax: 01 637 3933 / Email: joan@joandoran.com

http://www.imhla.org/

Events in May 2010

2010-05-05T12:38:00.003Z

Other events are listed at www.irishlaw.org/events/

Wed.5 May 2010:
Practical Implications of the Land and Conveyancing Law Reform Act 2009 - Dublin
http://bit.ly/cZj88o

Fri.7 May 2010:
Using international law: the European Social Charter and UN treaty body complaints procedures - Dublin
http://bit.ly/flac-7May2010

Sat.8 May 2010:
Medical Negligence: Recent Developments Impacting on Practice - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Wed.12 May 2010:
Seminar on the Civil Partnership Bill 2009 - Irish Women Lawyers Association, Dublin
http://www.iwla.ie/seminars.htm

10-14 May 2010:
Mediation Training for Family Lawyers - Dublin Solicitors Bar Association
http://bit.ly/alLq45

Fri.14 May 2010:
Symposium: Towards a Gender Recognition Framework for Ireland - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97981,en.html

Fri.14 May 2010:
Legal Education Symposium - University of Limerick
http://tinyurl.com/legaled-14may10

Sat.15 May 2010:
Trial by Media- Media and the Criminal Law - Irish Criminal Bar Association Conference
http://www.icba.ie/news-events/

Sat.15 May 2010:
Probate and Succession: Recent Developments Impacting on Legal Practice - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Wed. 19 May 2010:
Annual Human Rights Lecture 2010 - Law Society, Dublin - Mr Morris Dees
http://www.lawsociety.ie/pages/Events/Annual-Human-Rights-Lecture-2010/

Thu.20 May 2010:
Launch of Irish Human Rights Law Review - Dublin
http://bit.ly/ihrlr-launch

Thu.20 May 2010:
Re-conceptualising Fair Trial Rights for the 21st Century - Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.21 May 2010:
Expanding Equality Protections in Goods and Services: Irish and EU Perspectives - Equality Authority conference, Dublin
http://www.equality.ie/index.asp?locID=317&docID=854

24 May-4 June 2010:
International and Comparative Disability Law: Global & Regional Perspectives - Summer School at NUI Galway
http://www.nuigalway.ie/cdlp/summer_school/welcome.html

Fri.28 May 2010:
Society of Trust and Estate Practitioners Ireland Annual Conference - Restructuring Family Affairs in 2010 - Dublin
http://www.step.ie/newsevents.php?id=81

Sat.29 May 2010:
Schools and the Law 2010: Coping with New Challenges - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Follow Irish Law Events on Twitter - http://twitter.com/irishlawevents

This blog has moved

2010-03-22T13:31:00.002Z

This blog is now located at http://irishlawblog.blogspot.com.
You will be automatically redirected in 30 seconds, or you may click here.

For feed subscribers, please update your feed subscriptions to
http://irishlawblog.blogspot.com/feeds/posts/default.

(If you are subscribing via feedburner, there is no need to update your feed as I have changed the feedburner settings.)

The reason for the change is that Blogger is discontinuing support for publication of blogs via FTP from 1 May 2010.

Forthcoming Legal Events

2010-03-22T13:10:00.004Z

Mon.22 March 2010:
Irish Prison Law and the ECHR - Dublin
http://www.iprt.ie/contents/1583

Wed.24 March 2010:
Family Law and the EU - Irish Society for European Law - Dublin
http://www.isel.ie/index.php?option=com_gigcal&Itemid=60

Wed. 24 March 2010:
Positive Obligations and the European Convention on Human Rights - Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

29-31 March 2010:
Association of Law Teachers Annual Conference - Cambridge
http://www.lawteacher.ac.uk/events/?id=18

29-30 March 2010:
British and Irish Law, Education and Technology Association (BILETA) Conference 2010 - Vienna
http://www.univie.ac.at/RI/BILETA2010/

Fri.2 April 2010:
Closing Date for Call for Papers, Fourth Legal Education Symposium, University of Limerick

School of Law
University of Limerick

FOURTH LEGAL EDUCATION SYMPOSIUM

Call for Papers

Dear Colleagues,

The Fourth Legal Education Symposium will be hosted by University of Limerick on Friday, 14th May 2010.

In addition to the plenary sessions, we will have some interesting workshops, as is usual at the symposia.

There are eight topics below and I welcome your proposals for papers and contributions in respect of these. Those themes which inspire most interest will run as workshops.

Each presenter should anticipate a delivery time of approximately 15 minutes, to leave some additional time for questions and discussion.

The possible themes are:

Interdisciplinary law degrees
Clinical legal education

E-learning
Integration of teaching and research

Law teacher as mentor
Law for non-law students

Engaging students with the curriculum
Undergraduate legal writing

Interested parties should submit an abstract of their presentation before Friday 2nd April. The abstract should consist of a 300-500 word description of content and be sent to sinead.eaton@ul.ie .

Holmes O’Malley Sexton, Solicitors have kindly agreed to sponsor the Fourth Legal Education Symposium.

Fri-Sat.9-10 Apr.2010:
Law Society Annual Conference - Kilkenny
http://tinyurl.com/lawsoc-kilkenny

Fri-Sat.9-10 Apr.2010:
Corporations and Armed Conflict: The Role of International Law - NUI Galway
http://www.nuigalway.ie/human_rights/upcomingconferences.html

Mon.12 April 2010:
The Arbitration Act 2010 - Dublin
http://www.arbitration.ie/events.php?pid=viewevent&event_id=49

Fri.16 April 2010:
Public interest law in action: using law to face current challenges - Dublin
http://bit.ly/flac-16apr2010

Fri.16 April 2010:
Deadline for call for papers: The Children’s Convention at 21: The Rights of the Child Come of Age? - University of Ulsetr (Magee)
http://www.socsci.ulster.ac.uk/law/conf1/

Sat. 17 April 2010:
Symposium on Jurisprudence and Legal Theory - University College Cork
http://tinyurl.com/juris-cork-2010

Wed.21 April 2010:
Fatherhood, Law and Personal Life: Rethinking Debates about Fathers and Law - Inaugural Annual Law and Society Lecture, School of Law and Government, Dublin City University
http://bit.ly/dcu-apr-2010

Thu.22 Apr.'10:
Law and the Environment Conference - University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Fri.23 April 2010:
Financial Services Update: Regulation and Acquisitions - Irish Centre for European Law - Dublin
http://www.icel.ie/events_currentprogramme.php

Sat.24 April 2010:
International and Comparative Perspectives on Employment and Disability Law - NUI Galway
http://www.nuigalway.ie/cdlp/ICPED/welcome.html

Thu.29 Apr.'10
Borders of Justice: Locating the Law in Times of Transition - UCC Centre for Criminal Justice and Human Rights Postgraduate Conference 2010 - University College Cork
http://www.ucc.ie/en/ccjhr/

Sat.1 May 2010:
Deadline for Call for Papers - 'Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html

3-4 May 2010:
Annual Seminar on EU Law 2010 - ERA, Trier, Germany
http://www.era.int

Fri.7 May 2010:
Using international law: the European Social Charter and UN treaty body complaints procedures - Dublin
http://bit.ly/flac-7May2010

Fri.14 May 2010:
Symposium: Towards a Gender Recognition Framework for Ireland - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97981,en.html

Fri.14 May 2010:
Legal Education Symposium - University of Limerick
http://tinyurl.com/legaled-14may10

Sat.15 May 2010:
Trial by Media- Media and the Criminal Law - Irish Criminal Bar Association Conference
http://www.icba.ie/news-events/

Fri.28 May 2010:
Society of Trust and Estate Practitioners Ireland Annual Conference - Restructuring Family Affairs in 2010 - Dublin
http://www.step.ie/newsevents.php?id=81

Thu.-Fri. 3-4 June 2010:
Current Problematic Issues in the Law of the Sea - Trinity College Dublin
http://www.tcd.ie/Law/Events/LawoftheSea.php

Thu.-Fri. 3-4 June 2010:
Mastering Law: Conflicts, Challenges and Solutions in Today's Society - N.U.I Galway Law Society Conference, Faculty of Law
http://www.masteringlaw.org

10-12 June 2010:
British and Irish Association of Law Librarians (BIALL) Annual Conference - Brighton
http://www.biall.org.uk/events.php

17-19 June 2010:
Regulation in the Age of Crisis: ECPR Standing Group on Regulatory Governance Biennial Conference - Dublin
http://regulation.upf.edu/index.php?id=dublin_2010

19-20 June 2010:
The Children’s Convention at 21: The Rights of the Child Come of Age? - University of Ulster (Magee)
http://www.socsci.ulster.ac.uk/law/conf1/

Mon.-Tue. 21-22 June 2010:
North-South Criminology Conference - University of Ulster
http://www.socsci.ulster.ac.uk/policy/conference/

5-23 July 2010:
E Law Summer Institute 2010 - University College Cork Faculty of Law
http://www.ucc.ie/en/lawsite/students/elsi/

Thu.9 Sep.2010:
Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html

13-16 Sept.2010:
Society of Legal Scholars Annual Conference 2010 - Southampton
http://www.legalscholars.ac.uk/southampton/index.cfm

Dublin Archdiocese Report and the Law

2009-12-01T22:34:00.003Z

Does the law need to be changed as a result of the Dublin Archdiocese Report on Child Sexual Abuse (the Murphy report, 2009)?

The report includes the following at pages 104 and onwards (edited):

"6.21 The Child Care Act 1991 was the first Act to place statutory responsibility on the health boards to promote the welfare of children not receiving adequate care and protection. Its only reference to child sexual abuse was to provide that sexual abuse of children would be among the criteria for seeking court orders.

"6.22 The stated purpose of the Child Care Act 1991 is “to provide for the care and protection of children and for related matters. Section 3 of the Act places a statutory duty on health boards to promote the welfare of children who are not receiving adequate care and protection. This section came into effect in December 1992....

"6.24 Section 69 provides that “The Minister may give general directions to a health board in relation to the performance of the functions assigned to it by or under this Act and the health board shall comply with any such direction”. No such direction has been issued.

"6.25 As is pointed out in the Ferns Report, this new obligation was not accompanied by new powers to intervene in specific situations. When introducing the Bill in 1988, the Minister for Health talked about the “imaginative use” of the new provisions. Legal provisions need to be clear and unambiguous with little scope for, and no requirement to use, imagination.

"6.26 As already stated, the Health Act 1970 did not enumerate all the functions of the health boards. The Health Act 2004 which established the Health Service Executive (HSE) is drafted in a similar way: it confers on the HSE those functions which were formerly carried out by the health boards. The Commission considers that it would be preferable if there was a clear unambiguous listing of the statutory functions and powers of the HSE so that there could be no doubt about the extent of its power to intervene in child protection issues.

What is the role of the health authorities in relation to clerical child sex abuse?

"6.27 Under the Child Care Act 1991, the health boards, and now the HSE, have a general duty to promote the welfare of children who are not receiving adequate care and protection. The Commission agrees with the Ferns Report analysis of the powers of the health boards. The Ferns Report takes the view that the powers conferred on the health boards by the 1991 Act are designed to protect a child from an abusive family situation. It is the parents or guardians who are responsible for dealing with the matter in cases of third party or extra-familial abuse. The Ferns Report also points out that the powers available to the health boards under the 1991 Act are not significantly greater than those available under the 1908 Act.

"6.28 Notification to the health board of alleged abuse by priests does not seem to serve any useful purpose if the health boards do not have any power to do anything about it.

"6.29 The method by which the boards recorded such notifications, that is, by the name of the child, while appropriate for family abuse, is not appropriate for extra-familial abuse. There is no point in recording alleged abuse by a person who is in a public position, for example, a priest, a teacher, sports coach, by the name of the abused person. This information needs to be recorded by the name of the alleged abuser and by the school, parish, sports club or other relevant body. The Commission is not aware of any legal reason why this information could not be collated and classified in this way by the HSE. For the avoidance of doubt, the Commission considers that the HSE should be given specific statutory power to maintain such a record.

"6.30 The Commission is not suggesting that it would be appropriate for the HSE to have the power to intervene where the child is being appropriately cared for by parents or guardians. It is concerned about the lack of clear power to collate and maintain relevant information and to share that information with other relevant authorities.

"6.31 In the case of M.Q. v Robert Gleeson and others [1997] IEHC 26; [1998] 4 IR 85, Mr Justice Barr took the view that health boards had an implied right and duty to communicate information about a possible child abuser if, by failing to do so, the safety of some children might be put at risk. Before making such a communication, the health boards had certain duties to the alleged perpetrator. This judgement has been viewed quite differently by the Ferns Report and the health boards/HSE. The Ferns Report was clearly concerned about the legislative basis for this wide ranging duty to communicate while the health boards/HSE concerns relate to restrictions on their ability to communicate because of the requirements to inform the perpetrator. The Ferns Report took the view that the only power available to health boards to inform parties that allegations of child sexual abuse have been made against a particular person is “one inferred from the wide ranging objective of child protection” imposed on health boards by the Child Care Act 1991. It went on to express the view that the implication of such a duty on health boards without any express legislative powers is an issue which should be carefully considered by the Legislature. The HSE told the Commission that the judgement in this case (generally known as the Barr judgement) had “significant implication for the management of child sexual abuse cases by the Health Boards/HSE. It provided that the Health Boards/HSE (except in cases where a child is believed to be at immediate risk of suspected child sexual abuse) before passing on any information with regard to a suspected child abuser to a third party, must give the allegations in writing to the alleged perpetrator. The alleged perpetrator must then be given the opportunity to respond in person to the HSE before the HSE makes its decision on whether or not to pass on the information to a third party. Recent legal advice is that the opportunity to appeal the decision of the HSE to pass on information to a third party must also be given to the alleged perpetrator.

"6.32 The Commission considers that the law should be clarified in order to confer on the HSE a duty to communicate to relevant parties, such as schools and sports clubs, concerns about a possible child abuser. The extent of the HSE obligation to notify the alleged perpetrator, if any, should also be clarified."

The Taoiseach has responded as follows:

"The Commission's Report expresses concern about the statutory powers of the Health Service Executive to deal with child sexual abuse by non-family members. Minister Andrews' Office is consulting further with the Office of the Attorney General to seek clarity in this regard. However, in the wake of the publication of the Ferns Report in 2005, legal advice was sought from the Attorney General in relation to the powers of Health Boards/HSE to investigate and deal with instances of Child Abuse perpetrated outside the family. The Attorney General was not of the view that the HSE's powers under Section 3 of the Child Care Act (1991) are limited to cases of intra family abuse. The HSE has stated that it responds to all allegations of child sex abuse regardless of the circumstances of the allegation."

This seems an inadequate response to the specific points raised in the Murphy report about the Child Care Act 1991 and the legislation concerning the powers of the HSE.

Forthcoming Events

2009-11-17T22:39:00.002Z

The list of forthcoming Irish Law events has been updated. The full list appears here. To subscribe to the Irish Law site e-mail updates list, fill in the form here. Sample events on the list:

Thu.19 Nov.'09:
Mental Health in Prison - Dublin
http://www.iprt.ie/contents/1462

Sat. 21 Nov.'09:
Economic, Social and Cultural Rights – Making States Accountable - Annual Human Rights Conference of the IHRC and the Law Society of Ireland, Dublin
http://www.ihrc.ie/home/wnarticle.asp?NID=241&T=N&Print=

Wed.25 Nov.'09:
Constitutional Courts and the Lisbon Treaty - ISEL 7th Annual Brian Walsh Memorial Lecture, Dublin
http://www.isel.ie/index.php?option=com_gigcal&Itemid=60

Thu.26 Nov.'09:
ECHR Update: The Recent Use of the ECHR in the Courts, Procedure, Remedies and Analysis - Dublin
http://www.icel.ie/events_currentprogramme.php

Thu.26 Nov.2009:
A Comparatist’s Analysis of the Convergence of Legal Systems - Dublin
http://tinyurl.com/iscl-1

Thu.26 Nov. 2009:
National Asset Management Agency - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Fri. 27 Nov.2009:
Assessing Liability in Asset Management - Placing the Legal Principles in their Financial Context - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Sat. 28 Nov.'09:
Aspects of Asylum and Immigration Law - The Bar Council of Ireland, Dublin
http://tinyurl.com/lawlib111

Sat.28 Nov.'09
Recent Developments in Irish Defamation Law, Including the Defamation Act 2009 - School of Law, Trinity College Dublin, CPD Conference
www.tcd.ie/Law/Events

Mon.30 Nov.'09:
The Intel Decision - ISEL Competition Law Forum, Dublin
http://www.isel.ie

Mon.30 Nov.'09:
Launch of IPRT report on Detention of Children - Dublin
http://www.iprt.ie/contents/1457

Tue.1 Dec.'09:
FLAC Third Annual Dave Ellis Memorial Lecture
http://tinyurl.com/flac3rd

Wed.2 Dec.2009:
Land and Conveyancing Law Reform Act 2009 - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Thu.-Fri.3-4 Dec.2009:
Police Governance and Accountability, Limerick
http://www2.ul.ie/pdf/375079620.doc

Thu.-Fri.3-4 Dec.'09:
Intensive Course on Planning Law (Including Developments on Strategic Infrastructure, Habitats and the New Planning Bill 2009) - Centre for Environmental Law, School of Law, Trinity College Dublin, CPD Course
http://www.tcd.ie/Law/Events

Sat.5 Dec.'09:
Meeting the Challenges - New Ways of Doing Business. Speakers: K Erwin, Mediators'Institute of Ireland; J Maguire Collaborative Law; P Marrinan Quinn SC Conflict & Dispute Resolution Diploma TCD: T O'Riordan Manager Public Interest Law Project FLAC. Irish Women Lawyers' Association, Dublin.
http://www.iwla.ie

Sat.5 Dec.'09:
Tort Litigation: Recent Developments - School of Law, Trinity College Dublin, CPD Conference
http://www.tcd.ie/Law/Events

Fri.11 Dec.'09:
Intensive Course on Waste Law including the New Waste Directive - Centre for Environmental Law and Policy, School of Law, Trinity College Dublin, CPD Course
http://www.tcd.ie/Law/Events

5-6 March 2010:
Irish Society of Comparative Law Annual Conference, Belfast
http://tinyurl.com/iscl-1

An Bord Snip and the Legal System

2009-07-21T12:10:00.002Z

Colin Scott has a useful blog post on An Bord Snip's proposals regarding the legal system here.
Join in the lively discussion in the comments section.

Data Retention Bill

2009-07-13T08:34:00.002Z

Both the Irish Times and the Irish Examiner report this morning that the Data Retention Bill is due to to be published today, when it was actually published on Friday.

Recent Short Items (11 July 2009)

2009-07-10T23:07:00.003Z

Data Retention Bill published - http://bit.ly/qNXt3

Employment Agency Regulation Bill published http://bit.ly/E0GDb (Press Release); http://bit.ly/oaXkB (Bill)

Defamation Bill passed (Eoin O'Dell) - http://bit.ly/odell1

Conor O'Mahony questions constitutionality of Criminal Justice (Amendment) Bill http://bit.ly/iTKI

Ruling sounds death-knell for public access to wills http://bit.ly/10BQe3

Irish language legal challenge dismissed (via @gaelport): http://tinyurl.com/lg5cbw

Lawyers' letter protesting new Criminal Justice Bill http://short.ie/pros (Via @ubfid)

Court refused discovery to Monica Leech http://bit.ly/15zFpn

Ongoing legal issues re anti-acne drug Roaccutane http://bit.ly/1xaqr

McDowell - lawyers should revisit the doctrine of the separation of powers http://bit.ly/915rr

Call for apology to survivors of Magdalen laundries http://bit.ly/qoLDn

FLAC - Proposed legislation on debt enforcement leaves "a mountain of reform left to climb" - http://bit.ly/Du0jG

Search engines and safe harbours (T.J. McIntyre) http://bit.ly/1a0jot

Trial by Jury to be removed for organised crime offences - Blog post by Fiona Donson - http://bit.ly/12CtSx

Fixed Term Employment Contracts - Review of the Law http://bit.ly/10PGm9

Judge queries value of orders against debtors http://bit.ly/auTfK

Fisherman opposed to laying of gas pipeline by Shell loses court challenge to detention http://bit.ly/mQZwU

New law to allow courts to jail debtors who refuse to pay http://bit.ly/Akap8

Full text of Civil Partnership Bill http://bit.ly/1145r9

Civil Partnership Bill published http://tinyurl.com/kr7kn5

Shannon used for torture flights: Government must acknowledge and investigate (via @AmnestyIRL) http://u.mavrev.com/eeq6

Challenge to Law Society on exam http://bit.ly/15bFBd

Greens say Civil Partnership Bill does not go far enough http://bit.ly/RO12i

Woman with prosthetic arm forced to work 'out of sight' in storeroom http://tinyurl.com/n4l3c7

@dariuswirl

Draft Irish Creative Commons Licence available for public discussion

2009-06-05T15:23:00.002Z

The draft of CC BY-NC-SA adapted to Irish law is now in public discussion. The public discussion is a key part of Creative Commons’ license porting project. It is an opportunity for you, content creators and licence users, to engage in the drafting process and give your input in this collaborative effort. We warmly invite you to join CC Ireland’s discussion list and share your comments with local and international legal experts.

See also this posting on the Creative Commons News blog.

Tipperary Mental Health Inquiry

2009-04-29T00:45:00.000Z

There have been various media reports recently concerning the report of a Mental Health Commission inquiry into St. Michael’s Unit, South Tipperary General Hospital, Clonmel and St. Luke’s Hospital, Clonmel. (See for example Irish Times ; RTÉ ; Irish Mental Health Coalition press release).

The inquiry follows a similar report on the Central Mental Hospital in 2006.

The Tipperary report made findings which included the following: A high number of residents have sustained fractures; wards were unnecessarily locked; seclusion was being used too often; patients were forced to wear nightclothes during the day; there were no comprehensive needs assessments or care plans for residents.

A number of legal points arise from the report. For example, it is significant that the Mental Health Commission (press release) has proposed to attach conditions to the continued operation of the two approved centres requiring the Health Service Executive to produce a plan with precise timescales to address breaches in regulations, rules and codes of practice found by the Inspectorate of Mental Health Services during its inspection in late 2008. The Commission would require a quarterly report on the achievement of targets set in the plan.

Under the Mental Treatment Act 1945, the Inspector of Mental Hospitals could issue reports which were critical of mental health facilities, but there was no direct process for requiring improvement in those facilities. The new procedure under the Mental Health Act 2001 contains a process for improvement, by way of attaching conditions to registration, and the possibility of removal of a centre from the register. The CEO has said that the Commission is taking a "graduated response" approach (Annual Report 2007, p.8)

The report also highlights the over-use of locked wards. For example: "Although very few residents were detained under the Mental Health Act 2001 several ward doors were locked and staff referred to residents being ‘allowed out’ or given ‘parole’, when they should have been free to come and go as they wished." (para.13.1.3)

The problem of de facto detention of "voluntary" patients is as yet unresolved in Ireland. The European Court of Human Rights has found in H.L. v United Kingdom that certain deprivations of liberty of 'informal' patients in England breached Article 5 . Ireland urgently needs new legislation to close the so-called "Bournewood gap", but the scheme of the Mental Capacity Bill contains no proposals on this topic.

As Fergus Finlay rightly said in his RTE Drivetime radio column, if this was a story about animals, it would have exploded all over the news.

Course for Irish speakers at King's Inns 2009

2009-03-30T12:42:00.006Z

www.kingsinns.ie/website/prospective_students/lawyerlinguist.htm

Cumann Onórach Óstaí an Rí

The Honorable Society of King's Inns

Preparatory course for Irish speakers who wish to apply for lawyer-linguist positions in the European institutions

The aim of the course
As a result of Irish having attained status as an official language of the European Union, the European institutions will be recruiting lawyer-linguists in the years ahead who have an excellent level of competency in Irish. The positions will be available in Brussels - in the European Parliament, the European Commission, and the Council of the European Union - with excellent salaries and work conditions. The main responsibility of those working as lawyer-linguists will be to examine draft laws which have been translated to Irish in relation to legal and linguistic accuracy.
The aim of this course, which is being run by King's Inns in conjunction with Gaelchultúr Teoranta, is to prepare the participants for the entrance exams which will take place in the future in order to fill the above-mentioned vacancies.
Important note: The course providers, King's Inns and Gaelchultúr Teoranta, cannot guarantee that participants will gain positions as lawyer-linguists on completion of this training course.

Course dates and venue
There will be a total of 14 weeks' tuition provided during this training course.

The schedule is given below.

8 June - 7 August (Part 1 of the course)

10 - 21 August (Reading weeks)

24 August - 3 October (Part 2 of the course, end of course exam)

Participants will attend a three-hour class (9.30 a.m. - 12.30 p.m.) every day, Monday to Friday. They will have an opportunity to do some of their homework online. It is not advisable to undertake another course while attending this training course or to work on a part-time basis.

Entry requirements
This course will be suitable for those who have a law degree or a professional legal qualification (BL or Solr), as well as a good standard of spoken and written Irish (grade A in the honours Irish paper in the Leaving Certificate, for example). Applicants must also have good computer skills.
All applicants will be required to undergo a language assessment test and the results of this assessment will be taken into consideration when places are being allocated on the course. This assessment, in which the focus will be on accuracy in Irish, will take place between 12.00 - 1.00 p.m. on Saturday, 23 May in King's Inns.

Deadline for applications

Applications must be received by King's Inns by 4.00 p.m. on Friday, 8 May 2009.

Two former participants

Here are the views of two students who have attended the preparatory course:

Órla Ní Riain

'I had a good standard of Irish from the Leaving Certificate but there were quite a few aspects of grammar that I was not familiar with. I managed to add greatly to my language skills during the course in King's Inns and to learn translation skills for the first time. I work in the European Court of Justice in Luxembourg now and I'm really enjoying the job. I intend spending some time working in Brussels in the future as well.'

Séamus Howard

'I was always interested in Irish and I wanted to get an opportunity to work through the medium of the language. I managed to attain a high standard of grammar during the course [in King's Inns] and I now have a one-year contract working as a lawyer-linguist in the Council of Europe. The work is challenging but I'm confident that I'll succeed in learning all the skills necessary to work in this area on a long-term basis.'

All classes will be held in King's Inns, Henrietta Street, Dublin 1.

Fee and subsistence stipend
This project is being funded by the Department of Community, Rural and Gaeltacht Affairs and participants will not be required to pay a course fee. A subsistence stipend of €300 per week (based on attendance) will be paid to those who attend the course. There will also be an accommodation allowance for those who do not normally live in Dublin and who must move to the city in order to attend the course.

Additional information
If you wish to receive further information or a copy of the application form, please contact Tom Macdonald in King's Inns. The application form may also be downloaded from the King's Inns website.

Email: tom.macdonald@kingsinns.ie

Postal address: Tom Macdonald,

Dean of the School of Law,

The Honorable Society of King's Inns,

Henrietta Street,

Dublin 1

Website: www.kingsinns.ie

www.kingsinns.ie/website/prospective_students/lawyerlinguist.htm

Law and the Environment 2009 - Cork, Thu. 23 April 2009

2009-03-19T13:56:00.000Z

Thursday, 23 April 2009:
Law and the Environment 2009

7th Annual Conference for Environmental Professionals

Faculty of Law, University College Cork

This conference will be the seventh annual event at UCC and seeks to build on the success of previous events, at which more than two hundred environmental professionals have attended to hear from a panel of expert speakers in the area. This event caters to a wide range of professionals, including the legal professions, policy-makers, regulators, environmental interest groups, local authorities, environmental consultants, industry, and environmental service providers, and provides an opportunity for the dissemination of information on the latest legislative and judicial developments, research results and evolving best practice in the area of Environmental Law. It also provides a truly unique forum for the exchange of ideas among key figures and stakeholders on all sides of the environmental protection debate. This year’s programme includes specialist sessions on Climate Change, Enforcement of Environmental Law, Environmental Liability, and Infrastructure and Waste, with 15 expert speakers coming from across Ireland, Northern Ireland and the U.K.

Full conference schedule:
http://tinyurl.com/environ-23mar

Conference Convenor
Dr Owen McIntyre, Faculty of Law, UCC
Email o.mcintyre@ucc.ie
Tel 021 4902090

Conference Secretary
Email lawevents@ucc.ie
Tel 021 4903220

Continuing Professional Development
7 hours Group Study
Law Society General CPD Certificate of attendance will be issued

http://tinyurl.com/environ-23mar

Recent Short Items - 9 March 2009

2009-03-09T23:02:00.004Z

Recent Short Items, from my Twitter Feed and Delicious Links:

New HIQA Nursing Home Standards - http://www.hiqa.ie Hopefully no more Leas Crosses (in long term)?

Another article by Karlin on data retention, featuring Richard H. and Ivana B. - http://tinyurl.com/djzbjz

Went to good Teaching and Learning talk by Kelly Coate - Screencast here: http://bit.ly/nairtl1

Ryanair v Bravofly - decision on Motions - http://tinyurl.com/ryan555

Elsevier new social networking tool - http://www.2collab.com - Tried it for a while today and not very impressed ...

BookMooch: exchange books and trade them, like a book swap or book barter
www.boomooch.com

JILT 2007 (1) Special Issue on Law, Education and Technology
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1

Sherwin Nuland on electroshock therapy Video on TED.com
www.ted.com/index.php/talks/sherwin_nuland_on_electroshock_therapy.html

Gapminder.org - For a fact based world view.
www.gapminder.org

Industrial Relations Research Trust
www.irrt.ie

IHRC Observations on Criminal Law (Insanity) Act 2006 (Amendment) Act 2008
www.ihrc.ie/documents/article.asp?NID=274&NCID=6&T=N&Print=

The Next Leap
http://nextleap.wordpress.com

Assorted Materials: Johnny Ryan (Blog)
http://johnnyryan.wordpress.com

Twitter Feed: www.twitter.com/dariusw/

Delicious Links: www.delicious.com/dariusw/

Events for next three weeks (from 9 March 2009)

2009-03-08T12:20:00.003Z

Wednesday 11 March 2009:
"Judging Judges under the HRA 1998: A Reply to Keith Ewing" - Belfast
www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 12 March 2009:
Dr. Mia Swart, ’Judicial Lawmaking at the Ad Hoc Tribunals’ - Galway www.nuigalway.ie/human_rights/judges_as_lawmakers.html

Thu.-Fri. 12-13 March 2009:
Academy of European Law, Trier
Annual Conference on European Labour Law 2009
http://tinyurl.com/era1122

Friday, 13th March 2009:
Third Legal Education Symposium - UCD School of Law, Dublin
www.ucd.ie/law/newsevents/

Fri. 13 Mar. '09:
EUROJUST's Tasks and Objectives - Jarlath Spellman, EUROJUST, National Member for Ireland - Criminal Justice Seminar, School of Law, University of Limerick
Seminar Room A1052, 11 a.m. - 1 p.m.
All are welcome to attend. There is no fee.

Tue. 24 March 2009:
Update on Enduring Powers of Attorney - STEP, Dublin
www.step.ie/newsevents.php

Thu. 26 March 2009:
The Immigration, Residence and Protection Bill 2008 - implications for migrant women in Ireland - Irish Women Lawyers Association Seminar, Limerick
www.iwla.ie/seminars.htm

Other Events:
www.irishlaw.org/events/

Events RSS Feed:
http://feeds2.feedburner.com/irish-law-events

Mental Health Commission Panels

2009-03-07T14:07:00.001Z

The Mental Health Commission is seeking applications for positions on the panels associated with the operation of Part 2 of the Mental Health Act 2001. The following panels are now open to applications:

Chairpersons Mental Health Tribunals
Consultant Psychiatrists Mental Health Tribunals
Lay Members Mental Health Tribunals
Consultant Psychiatrists Independent Medical Examinations
Legal Representatives Mental Health Legal Aid Scheme

Closing date for receipt of application is 5.00 pm Friday 20 March 2009.

Information and Forms:http://www.mhcirl.ie/panels.htm

Mental Health Act 2001: Unresolved Issues

2009-02-19T10:30:00.000Z

I've been waiting for the full decision in a mental health case from 31 October 2008 to appear on the courts.ie website, but there's no sign of it yet. I wrote an article for the Irish Times about this case on 4 November (full text here.)

Here are some extracts from the Irish Times article, with links:

The hasty enactment of the Mental Health Act 2008 ... has probably resolved the legal issues caused by the recent High Court case, but there are other related issues that remain unresolved. Mr Justice Bryan McMahon issued a significant ruling in the case of a woman who has been detained in St Patrick's Hospital since August 2007. Various legal issues arose regarding her detention. ...

[McMahon J. decided that a renewal order for a period not exceeding 12 months was void for uncertainty. However, he put a four-week stay on his order directing the patient's discharge.]

This whole affair raises questions as to the wording of the Mental Health Act 2001, and the forms specified by the Mental Health Commission. As Mr Justice McMahon pointed out, "the error in this case was prompted by the wording of the form used by the Commission". ....

As regards the wording of the Mental Health Act, a number of issues have arisen regarding the time limits, and these have led to the Commission issuing a 1,200-word guidance page on "Duration of Involuntary Admission and Renewal Orders". This guidance will need to be amended in the light of the recent court case. It may now be better to reword the Act so that the time limits operate in a more logical and streamlined manner....

...
It is noteworthy that a number of other significant issues remain unresolved and require urgent attention. For example, a patient who has their detention renewed for six months (for example), cannot apply to a Mental Health Tribunal for a review of their case during the six-month period, and must wait until the automatic review which will occur at the end of the six months, if the psychiatrist makes a renewal order. This is in spite of a clear ruling from the European Court of Human Rights in Rakevich v Russia in 2003, where it was stated that "the detainee's access to the judge should not depend on the good will of the detaining authority".

The 2001 Act provides that a person may be removed to an approved psychiatric centre by members of staff of the approved centre in certain circumstances (s.13). These "assisted admissions" are often carried out by an independent contractor, rather than members of staff. In the R.L. case in 2008, it was held by the Supreme Court that the use of an independent contractor was a breach of the Act, although the patient's detention was upheld. It appears that such breaches of the Act have continued, in spite of the legal difficulties which they raise.
There are serious doubts about the burden of proof in Circuit Court appeals, where the patient is required to prove that he or she does not have a mental disorder (s.19), even though such a burden would appear to be contrary to the European Convention.

In addition, the powers of Mental Health Tribunals are unduly restricted by the 2001 Act. They may not consider questions of compliance with the sections on removal to the approved centre (s.13), referral of the admission order to the tribunal (s.17), transfer of a patient to hospital (s.22) or compliance with the Mental Treatment Act 1945.

The time has come for a fundamental review of the Mental Health Act 2001 in light of the Irish case law to date, experience in the operation of the Act and recent decisions of the European Court of Human Rights. Reference may also be made to the Mental Health Commission's Report on the Operation of Part 2 of the Mental Health Act 2001 (2008) and the Department of Health and Children's Review of the Operation of the Mental Health Act 2001: Findings and Conclusions (2007).

Joseph Raz lecture at Trinity College Dublin on Wed. 25 Feb. 2009

2009-02-16T23:09:00.001Z

Irish Jurisprudence Society Annual Public Lecture

Joseph Raz, Research Professor and an Emeritus Fellow of Balliol
College, Oxford and Professor of Law, Columbia University, will
deliver the Irish Jurisprudence Society's first annual public lecture
in jurisprudence on Wednesday 25 February 2009.

The lecture will commence at 7 p.m..

The title of Professor Raz's lecture is 'Innovative Interpretation'

Professor Desmond M Clarke will be chairing this event.

The venue is Trinity College Dublin, in the Lloyd Institute Building
(the Lloyd Institute is near the O'Reilly Institute and beside the new
Science Gallery, for map see:
http://www.tcd.ie/Law/JosephRaz/MapLloydInstitute.pdf).

The lecture is free to attend, but booking is required. Email: lawevent@tcd.ie

Details of this event are posted on the web at the following pages:

http://www.irjursoc.org/annual-public-lecture/

http://www.tcd.ie/Law/JosephRaz/index.php

This event is funded by the Long Room Hub Initiative, Trinity College Dublin.

Juries in Rape Cases - Wed. 18 Feb., University of Limerick

2009-02-16T20:58:00.000Z

Wed. 18 Feb. 2009

Criminal Justice Seminar

"Juries in Rape Cases"

Conor Hanly, NUI Galway

3-4 p.m., Schuman Building, Room SG18.

All are welcome to attend.

Criminal Justice Seminar, Centre for Criminal Justice, School of Law, University of Limerick.

Information from Dr Gerard Coffey, Centre for Criminal Justice, School of Law, University of Limerick.

Email Address: Ger.Coffey@ul.ie

Call for Papers: Irish Criminology Conference - UCD, 15-16 June 2009

2009-02-16T20:55:00.000Z

UCD Institute of Criminology

Fifth Irish Criminology Conference
15 and 16 June 2009

Dear Colleagues,

The UCD Institute of Criminology will host the Fifth Irish Criminology Conference on Monday 15 and Tuesday 16 June 2009. Papers are invited from research students, academics and policy makers in the fields of criminology and criminal justice. Please forward a title and abstract (no more than 200 words) to criminology@ucd.ie by 30 April. A final decision on the selection of papers will be made by 11 May.
There is no registration fee for the conference.
A number of bursaries will be available to cover travel expenses for students from outside Dublin who wish to attend and present a paper but would be otherwise unable to do so. Those wishing to be considered for a bursary should make this clear when submitting their abstract.
I would be grateful If you would pass on these details to any Interested parties.

With best wishes

Professor Ian O'Donnell, Director, UCD Institute of Criminology
University College Dublin

http://www.ucd.ie/criminol/

Vacancy: Equality and Rights Alliance Campaign Coordinator

2009-01-31T10:46:00.003Z

JOB DESCRIPTION
ERA Campaign Coordinator
http://www.eracampaign.org

Introduction

The Equality & Rights Alliance (ERA) is an alliance of 79 civil society groups seeking to ensure the promotion and enhancement of human rights, equality and social justice in Ireland. ERA formed in August 2008, following media reports of a proposed merger of five equality and human rights bodies in Ireland. Budget 2009 did not see the amalgamation of the five bodies, or indeed the full amalgamation of the Equality Authority and the Irish Human Rights Commission, which emerged as a more realistic merger possibility. However, savage budget cuts of 43% to the Equality Authority, coupled with fast-tracked decentralization, and 24% to the Irish Human Rights Commission rendered them unable to carry out their remit in any meaningful way. The ERA campaign has involved media communications, political lobbying and building of the Alliance itself as a strong voice of civil society organisations committed to a strong equality and human rights infrastructure in Ireland.

The ERA Campaign has now received funding to develop the Campaign into 2009; a planning day to set out an action plan for the alliance has taken place. The action plan envisages the continuation of lobbying and communications as well as capacity building for organisations locally and regionally to engage in lobbying actions. It also foresees the employment of a campaign coordinator.

JOB DESCRIPTION
Title: ERA Campaign Coordinator
Location: Dublin
Responsible to: ERA Steering Committee (delegated person)

Relationships: ERA Chairperson, Communications Adviser, ERA members

The main purpose of the Campaign Coordinator is to coordinate the effective implementation of the ERA Campaign.
ERA seeks a person with significant project management experience to co-ordinate the ERA Campaign, working with the Steering Committee to implement the lobbying, communication and alliance-building strategies of ERA.

Key Tasks

Given the nature of the Campaign, the post will require the Campaign Coordinator to be flexible and undertake duties, on occasion, in addition to or in lieu of those listed below. Under the direction of the ERA steering group, the Campaign Coordinator will:
- Provide administrative support to the Alliance, including preparing written correspondence, reports and funding applications.
- Coordinate general campaign activities including lobbying, protests, meetings with political parties, letter writing to TDs, etc.
- Organise logistics of ERA meetings, and public events as agreed e.g. advocacy training days, seminars, round-tables, conferences.
- Coordinate the delivery of the ERA communication strategy with the Communications Adviser
- Be the day-to-day spokesperson for ERA, linking with the Communications Adviser and the Chair
- Handle internal communications with ERA members, in liaison with the Steering Committee- Coordinate and oversee relevant research projects or polls commissioned by ERA, in liaison with the Communications Adviser and the Steering Committee
- Act as the key point of information for the ERA Campaign, handling enquiries from individuals, members of ERA, politicians and members of the public. Press queries will be referred by the Campaign Coordinator to the ERA's Communications Adviser and/or to other ERA spokespersons agreed in advance
- Be responsible for information management including the ERA website, telephone and email queries
- Maintain and update the content of the ERA website, including member lists and other relevant database lists and reports, and ensuring that up to date / relevant campaign actions are regularly featured on the web site pages
- Liaise with organisations and networks working for similar objectives, nationally and internationally
- Account to the Steering Committee for the day-to-day administration of the ERA's budget
- Attend monthly support and supervision sessions, providing written reports documenting work activities and outcomes
- Support fundraising activities, as required
- Make reports for Funders, as required.

Person Specification
Experience and Knowledge

Essential
- Experience of running office, administration and financial systems
- Experience in supporting communications strategies (inclusive of handling and referring media enquiries, building strategic alliances and information management)
- Experience of leading projects and proven success in delivery
- Knowledge of the human rights, equality and/or social justice sector in Ireland, preferably coupled with some experience of human rights, equality and /or social justice campaigning (in Ireland or elsewhere)

Desirable
- Experience of representing an organisation to the public or media
- Experience in conference and event management
- Experience of successful campaigning to achieve social change

Competencies
Essential
- Ability to manage a virtual office; familiarity with IT applications sufficient to update and maintain web site content and management of web blogs
- "Can do" attitude
- results driven, commitment and energy 'to go the extra mile'
- Demonstrated ability to think strategically and to identify opportunities
- Excellent interpersonal and communications skills
- Ability to work in partnership with individuals and organisations across sectors
- Proven problem solving skills
- Ability to prioritise and plan activities in a wide ranging work load
- Ability to communicate clearly and transfer complex information in a concise and accessible form
- Ability to draft briefing notes and other papers, as well as minutes of meetings
- Ability to maintain a high level of social, organisational and professional standards in job-related activities

Salary: Equivalent to HEO Standard Scale (€46,558 - €59,097)
Duration: this is a 6 month contract initially, with a probationary period of up to one month, which may be extended.
Application by CV and covering letter by email to recruitment@eracampaign.org or by post to

Equality & Rights Alliance Co-ordinator, DMG Business Centre, 9-13 Blackhall Place, Dublin 7
Deadline for Applications: Friday 6th February 2009
Shortlisting: Monday 9th February 2009
Interviews: 17th and/or 18th February 2009

http://www.eracampaign.org

Travellers in Clare - Equal Status Act 2000

2008-11-20T20:55:00.004Z

An interesting recent case under the Equal Status Act 2000:

Mongans v Clare County Council - DEC-S2008-039
http://www.equalitytribunal.ie/index.asp?locID=140&docID=1844

The facts are complex, but it involves a series of cases brought by members of the travelling community surrounding the service provided by Clare County Council arising from the travellers’ applications for housing and related accommodation needs and linked issues.

In an unusual move, the Equality Officer (sitting as the Equality tribunal) required that the travellers attend for a series of "callovers/hearings" which would take place on two particular days. When families did not turn up, even though their representative was present, the Officer decided that no prima facie evidence of discrimination had been provided and therefore that the claims failed.

The travellers were represented by Ms Heather Rosen, and the Tribunal went on to decide that Ms Rosen had obstructed and impeded its investigation and hearing of the cases. The Tribunal was of the view that Ms. Rosen had wilfully abused the Tribunal process and had sought to manipulate the manner in which she carried out her investigative and decision making functions. The end result was that Ms Rosen was ordered to pay expenses of €200 in the main case and a large number of similar cases. (See particularly Paras. 6.1 to 6.13).

The decision raises important procedural issues as to whether the Tribunal took sufficient account of the difficulty involved for a representative in gathering together a large number of claimants who are members of the travelling community for a callover/hearing. The whole idea of a "callover/hearing" seems strange in any event. There is a reference in the decision [para.4.5] to a tragic death of a young traveller woman having occurred close to the time of the callovers, but an adjournment only being granted in the case of close family members.

All in all, it seems unfortunate that the Tribunal did not proceed to a full hearing of the substantive issues and a large number of traveller families may well be left with the impression that the state apparatus is acting against them rather than facilitating their claims.

UPDATE ADDED IN 2011:
See also this posting on a subsequent High Court case.

Events

2008-10-28T23:22:00.002Z

I've updated the list of Irish Law events here:
www.irishlaw.org/events/

New events include the following:

Tuesday 4th November 2008:
On Lawyers, their obligations and the Cicero Collection at King's Inns Library - Hugh M Fitzpatrick Lecture in Legal Bibliography
King's Inns, Henrietta Street, Dublin
http://www.lawlibrary.ie/viewdoc.asp?DocID=117

Fri. 7 Nov. 2008:
Virtual Reality: Towards the Electronic Conveyance - Law Society, Dublin http://tinyurl.com/lawsoc07nov

Sat. 8 Nov. 2008:
Annual Human Rights Conference 2008 - Law Society, Dublin
http://tinyurl.com/lawsoc-hr

Tue.11 Nov. '08:
Economic Evidence In Merger Cases - Irish Society for European Law
CPD certificates will be available on request. Pre-registration at iselcompetition@gmail.com is required due to a limit on numbers.
Venue: Eugene F Collins, 3 Burlington Road, Dublin 4
http://www.isel.ie/Compcoming.htm

Wednesday 12 November 2008:
Internationalising Common Law Courts
Queen's University Belfast http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 13 Nov. 2008:
Recent Cases on Race Discrimination - University of Limerick http://www.iwla.ie/seminars.htm

Mon. 17 Nov. 2008:
The Impact of European Law on the Corporate World - A Conference to Celebrate 20 Years of ICEL - Irish Centre for European Law, Dublin
http://www.icel.ie/events_forthcoming.htm

Wednesday 19th November, 2008:
Prudential Regulation after the Credit Crunch: The Revised EU Capital Requirements Directive - Irish Centre for Commercial Law Studies, University College Dublin
http://www.ucd.ie/iccls/programs.htm

Fri.-Sat. 5-6 Dec. 2008:
Legal Processes Beyond the State - University College Dublin Legal Research Conference 2008: A Conference for Postgraduates
http://www.ucdconference.com

Mon.-Tue. 8-9 Dec. 2008:
Intensive Course on Planning Law - Law School, Trinity College Dublin http://www.tcd.ie/Law/Events/Planning.php

Friday 12th December, 2008:
Transfer of Undertakings - A Practical Guide - University College Dublin http://www.ucd.ie/iccls/programs.htm

Fri.-Sat.27-28 Feb. 2009:
Irish Society of Comparative Law Conference - Limerick
http://www.iscl.ie/conference.html

Judicial Diversity Seminar - Dublin, 18 Sept. 2008

2008-09-12T08:36:00.003Z

Judicial Diversity: Strategies for Change
Evening Seminar

Keynote Speaker:

Baroness Usha Prashar CBE, Chairman, Judicial Appointments Commission, United Kingdom
6 - 8pm, Thursday, 18 September 2008

Venue: The Atrium, Law Library, Distillery Building, Church Street, Dublin 7

Organised by the Irish Council for Civil Liberties (ICCL) and the Centre for Criminal Justice and Human Rights, University College Cork (UCC)

The Irish Council for Civil Liberties (ICCL) and the Centre for Criminal Justice and Human Rights at University College Cork are organising an evening seminar on judicial diversity. The purpose of the event is to open up a discussion about the possibilities of achieving greater judicial diversity in Ireland.

This seminar is aimed at members of the judiciary, practitioners, parliamentarians, policy makers, academics, non-governmental organisations (NGOs), students and anyone interested in judicial diversity.

The event is scheduled to take place from 6-8pm on Thursday, 18 September 2008 in the Atrium, the Law Library, Distillery Building, Church Street, Dublin 7.

Baroness Usha Prahsar CBE, Chair of the United Kingdom's Judicial Appointments Commission is the keynote speaker for this event. Other speakers include: Professor Kate Malleson, School of Law, Queen Mary University of London and Dermot Feenan, School of Law, University of Ulster

If you are interested in attending this event please RSVP to Joanne Garvey, ICCL Administrator by 5pm on Monday, 15 September 2008, Tel: (01) 799 4504 or Email: info@iccl.ie

The Speakers

Baroness Usha Prashar CBE is Chairman of the United Kingdom's Judicial Appointments Commission, a Governor of the Ditchley Foundation, a non-executive Director of ITV, Trustee of Cumberland Lodge, non-executive Director of the Cabinet Office, a Governor of Ashridge College, President of the Community Foundation Network, President of UK Council for International Student Affairs and a Patron, The Runnymede Trust.

Her previous posts include First Civil Service Commissioner, Chairman of the Royal Commonwealth Society, Chancellor of De Montfort University, Executive Chairman of the Parole Board for England and Wales, Director of the National Council for Voluntary Organisations, Chairman of the National Literacy Trust and Director of the Runnymede Trust. She sits in the House of Lords as a cross-bencher.

Professor Kate Malleson joined the Queens Mary School of Law in 2005. Before coming to QM she taught at the London School of Economics. Her main research interests are the judiciary, the legal system and the constitution. She is currently working with colleagues at UCL on a three-year AHRC funded project on the selection process of the international judiciary. The project will identify and analyse the criteria and procedures by which judges are nominated and elected to the international courts.

She has a particular interest in the current constitutional reforms in the UK and acted as a specialist adviser to the House of Commons Constitutional Affairs Select Committee assisting it in its review of the provisions of the Constitutional Reform Bill. She also gave oral evidence to the House of Lords select committee on the Bill and last year was asked by the House of Lords Constitution Committee to provide a written report on the effect of the Constitutional Reform Act 2005 on the relationship between the judiciary, Parliament and the executive. In 2006-7 she chaired a JUSTICE committee on 'A Bill of Rights for Britain' which reviewed the problematic legal and political issues involved in assessing whether or not there is a case for creating a specific British bill of rights.

Dermot Feenan is a Lecturer in the Law School, University of Ulster. He was Co-chair of the International Research Collaborative on Gender and Judging, 2006-2007, set up under the auspices of the Law and Society Association, which hosted sessions at the Society's Annual Meeting in Baltimore, 2006, and its joint meeting in Berlin 2007 with several other socio-legal associations worldwide. He has held visiting positions at a number of universities, including: Cornell, Keele, Melbourne, Monash, Oxford, and Trinity College, Dublin.

He is currently completing a paper for publication on the topic of women's experiences as judges, as revealed in his research on Northern Ireland and as reported in the literature, in order to enhance knowledge and understanding of law, legal authority and diversity. He is also designing a research project on women judges' experiences in three common-law countries, which will lead to further publication.

Vacancy: Lectureship (Law and Irish) at U.C.C.

2008-08-01T21:14:00.002Z

University College Cork

Applications are invited for a three-year fixed term College Lecturer (Law & Irish) contract in the Department of Law with requirements regarding Irish language as follows:

The appointee must be a fluent Irish speaker

He/she should ideally have a research interest in law and the Irish language and/or language rights.

Applicants must hold a post-graduate qualification in law.

Once appointed, this lecturer’s duties will include providing law modules through the Irish language. These modules will be made available to BCL (Law and Irish) students and to other undergraduate and postgraduate students. It is anticipated that this appointment will also serve to inculcate a culture of the Irish language among academic staff generally and that this will ultimately encourage development of the availability of more modules through Irish by academic staff. The appointee will also be expected to work closely with the Department of Irish with regard to placements and the development of the programme.

Salary Scale [new entrants]: €36,500 - €59,293

Closing Date: Friday 5th September 2008

Further particulars and application form:
www.ucc.ie/en/hr/EmploymentOpportunities/

Cuirfear fáilte roimh iarratais ar chonradh thrí bliana ar théarma seasta do Léachtóir Coláiste (Dlí & Gaeilge) i Roinn an Dlí leis na riachtanais seo leanas i leith na Gaeilge:

- Beidh an té a cheapfar ina G(h)aeilgeoir líofa.
- Go hidéalach, beidh suim aige/aici sa Dlí agus sa Gaeilge agus/nó i gcearta teanga.

I measc a c(h)uid dualgas beidh ar an léachtóir nuacheaptha modúil dlí a sholáthar trí mheán na Gaeilge. Táthar ag súil leis chomh maith go gcuirfidh an ceapachán seo le cultúr na Gaeilge i measc na foirne acadúla i gcoitinne. Beidh ar an té a cheapfar oibriú i gcomhpháirt le Roinn na Gaeilge maidir le socrúcháin oibre agus forbairt an chláir féin.

Scála Tuarastail [dóibh siúd atá ag tosú] € 36,500 - €59,293

Dáta Deireanach: Dé hAoine 5 Mean Fomhair 2008

www.ucc.ie/en/hr/EmploymentOpportunities/

Privacy in the Virtual World - Dublin, 27 June 2008

2008-06-25T09:14:00.001Z

Darklight Film Festival 2008 - Dublin, Ireland

www.darklight.ie/pages/Programme270608.htm

Symposium:

Letting It All Hang Out: Privacy Vs. Publicity In The Virtual World

Film Base, Curved Street, Temple Bar, Dublin

Friday 27 June 2008
10 - 11.30 am

For a new generation of 'digital natives' privacy is no longer a requirement. Web 2.0 has brought with it a transformation in how we view the need for privacy and engage with the public realm - but at what cost? The discussion will be prefaced by a keynote address from Daniel J. Solove, Associate Professor of law at the George Washington University Law School, and author of The Digital Person: Technology and Privacy In the Information Age. Chaired by Irish Times writer Karlin Lillington, the panel will also feature Irish blogging guru Damien Mulley and solicitor/digital rights expert Caroline Campbell.

Issues to be considered include:
* Can bloggers say what they like?
* What's wrong with having nothing to hide?
* Who is really stalking you on Facebook? .. Does anyone care anymore?
* Is there a generation gap in approaches to online privacy?

www.darklight.ie/pages/Programme270608.htm

Reforming Laws on Sexual Violence: UCC Event on 27 June

2008-06-05T10:04:00.002Z

Centre for Criminal Justice and Human Rights
Faculty of Law, University College Cork
Annual Criminal Law Conference
"Reforming Laws on Sexual Violence: International Perspectives"
Friday 27th June 2008

Speakers include:
Judge T Doherty (Special Court Sierra Leone);
Kelly D. Askin (Open Society Justice Initiative);
Madeleine Rees (OHCHR - Bosnia Herzegovina) ;
Doris Buss (Carleton University, Canada);
Fionnuala Ni Aoláin (TJI Uslter / Minnesota);
Penny Andrews (Valparaiso Uni / South Africa);
Amira Khair (ICC Women / Sudan);
Milena Pires (Govt of Timor-Leste);
B. Klappe (Netherlands Defence Academy);
O. Barbour (Irish Defence Forces);
Thomas O'Malley (NUI Galway);
James Hamilton (Director of Public Prosecutions);
Martha Fineman (Emory University, USA);
Nora Owen (Commission for Victims of Crime)

Venue: Aula Maxima, University College Cork
Time: 10.15am- 6.00 pm (Registration and Tea / Coffee from 9.30am)
CPD Group Study 6.5 points
Further details and booking form at: www.ucc.ie/en/ccjhr/events/
RSVP: ccjhr@ucc.ie June 20th 2008

This conference is organised with the support of the Department of Foreign Affairs and will be the first event of the Irish Government's Chair of the Human Security Network (www.humansecurity.org)

Report of Commissioner for Human Rights on Ireland

2008-05-02T10:06:00.002Z

The Report of the Commissioner for Human Rights on his visit to Ireland was just published on 30 April. It includes responses from the Irish Government.

Commissioner for Human Rights, Report by the Commissioner on his Visit to Ireland 26 - 30 November 2007 (CommDH(2008)9, Council of Europe, 2008)

Go to
www.commissioner.coe.int and choose 'Latest Documents'

For a link to the actual report, try this:
https://wcd.coe.int/ViewDoc.jsp?id=1283555

[Click the PDF icon if you want a PDF version]

Media report (extract):

Commissioner doesn't pull his punches
Irish Times, 1 May 2008
www.ireland.com/newspaper/ireland/2008/0501/1209592340146.html

Ireland's record in looking after vulnerable people is graphically spelt out by the Council of Europe, writes Jamie Smyth, European Correspondent

COMMISSIONER FOR human rights Thomas Hammarberg didn't pull any punches when he presented his report on Ireland's human rights record to the Council of Europe's committee of ministers in Strasbourg yesterday.

His 58-page analysis of Government policy lays bare his office's assessment that the standard of care currently provided to vulnerable groups in society such as children, asylum seekers, Travellers and psychiatric patients is unacceptable.

Extension of compulsory registration of ownership of land

2008-04-23T09:38:00.003Z

Minister announces further extension of compulsory registration of ownership of land
(Link to Press Release)

The Minister for Justice, Equality and Law Reform, Mr. Brian Lenihan, T.D., today announced that he has signed an Order extending compulsory registration of ownership of land to six further counties. The Order will extend compulsory registration, under the Registration of Title Act, 1964, to the counties of Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow and brings the total number of 'compulsory registration' counties to 12.

The Minister said: "I am determined to make rapid progress on extending registration of land ownership and it is for this reason that I requested the Property Registration Authority to identify additional counties where compulsory title registration could be introduced."

Compulsory registration of ownership of land means that the ownership of the title to the land must be registered in the Land Registry.

Compulsory registration applies in a number of situations:

· Where freehold land has been sold and conveyed to or vested in any person under the land purchase acts or the labourers acts;
· Where freehold land is acquired by a statutory authority, e.g. a Minister, local or public authority, or any company or body established by legislation;
· To sales of freehold land in areas which are the subject of compulsory registration orders made by the Minister;
· To leases (with over 21 years unexpired at the date of registration) by a statutory authority and assignments on sale of such leases in areas which are the subject of compulsory registration orders made by the Minister.

The Minister concluded: "According to the World Bank, efficient property registration systems which facilitate land transactions and protect ownership rights contribute to economic progress and competitiveness. The Bank has identified substantial scope for reducing registration delays and related costs in Ireland and that is why the Property Registration Authority has been given the specific task of promoting and extending land registration. Title registration is also an essential prerequisite for electronic conveyancing of land (eConveyancing) which is capable of yielding additional savings and efficiencies for the benefit of consumers."

In order to give adequate notice to legal practitioners and conveyancers, the new Order takes effect on 1 October 2008 and is available on www.prai.ie.

21 April 2008

Note to Editors

1. Under previous Orders, compulsory registration was extended to the following counties :

- Carlow, Laois and Meath in 1970 and

- Longford, Roscommon and Westmeath in 2005.

2. In extending compulsory registration in this Order, consideration was given to the facts that over 96% of all land in Counties Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow is already registered in the Land Registry and that digital mapping is 'live' in each of these counties.

Forthcoming Events

2008-02-26T22:35:00.003Z

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

Forthcoming events include:

Saturday, 1 March 2008
Legal Issues Facing School Principals and Teachers in 2008: Some Practical Solutions - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/Schools.php

Saturday, 8 March 2008
25 Years of Protection? Article 40.3.3, the Unborn Child and Abortion in Ireland
http://www.ul.ie/pdf/841910435.pdf

Sat. 8 March 2008
Freedom of Information: A 2008 Update - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/FOI2008.php

Thursday, 13 March 2008
Children and the Law - Law School, Trinity College Dublin
http://www.tcd.ie/Law/Events/

16 - 18 March 2008
Association of Law Teachers Annual Conference - Oxford
http://www.lawteacher.ac.uk/

Thursday-Friday, 3-4 April 2008
Youth Justice 2008: An International Conference, Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/law/youthjustice2008/

4-5 April 2008
Exploring the Limits of a Judge's Power - Belfast
http://tinyurl.com/2t5tsa

Fri. 11 April 2008
Law Faculty Annual Distinguished Lecture for 2008 - NUI Galway
The Right Honourable Baroness Hale of Richmond and Mrs. Justice Catherine McGuinness
http://www.nuigalway.ie/law/events.html

1 May 2008
Postgraduate Conference on Criminal Justice and Human Rights - UCC Faculty of Law
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Sun.-Tue. 8-10 June 2008
International Council for Commercial Arbitration Conference, Dublin
http://www.iccadublin2008.org/

Thursday-Friday, 12-13 June2008
British and Irish Association of Law Librarians Conference 2008 - Dublin
http://www.biall.org.uk/

Mon.-Tue. 23 and 24 June 2008
Reflections on Irish Criminology North and South: Learning and Challenges for the Future
Dublin Institute of Technology
http://www.ucd.ie/criminol/html/homepage/events.htm

Equality and the Sikh Turban Ban

2008-02-08T13:30:00.000Z

Lord Lester facilitated a fascinating workshop this morning here at UCC on Equality Law, assisted by Colm O'Cinneide.

Among the many interesting points that arose concerning the recent ban on a Sikh turban in the Garda reserve were the following:

Could it be argued that a member of the Garda reserve is engaged in an "occupation" (under the Framework Directive 2000/78/EC)

Even though the particular person involved has withdrawn from the Garda reserve, could a Judicial Review be brought against the Garda Commissioner's decision?

Could a JR application be made by the Equality Authority and/or the Human Rights Commission?

If a JR were brought, an argument could be made that the Garda Commissioner's decision applies both to members of the reserve and ordinary Gardai, if need be, in response to any defence relating to the status of members of the reserve.

Call for Papers - Postgraduate Conference

2008-01-07T22:32:00.000Z

CALL FOR PAPERS
UCC POSTGRADUATE CONFERENCE ON CRIMINAL JUSTICE AND HUMAN RIGHTS

Hosted by the Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork.
Thursday 1st May 2008.
http://www.ucc.ie/en/ccjhr/events/

The Centre for Criminal Justice and Human Rights is pleased to announce the second postgraduate conference on criminal justice and human rights.
This one-day international conference will attract postgraduate research scholars whose work pertains to criminal justice and human rights. In addition to exploring topics specific to the scholarship of criminal justice or human rights, the conference aims to consider the intersections of both fields. The conference will serve as a forum for discussion and debate among researchers within both fields and between the two fields of study themselves.

The keynote address will be delivered by Michael O'Flaherty, Professor of Applied Human Rights and Co-Director of the Human Rights Law Centre in the School of Law, Faculty of Social Sciences, Law and Education at the University of Nottingham. Professor O’Flaherty is also an elected member of the United Human Rights Committee.

The organisers invite abstracts from postgraduate students working in these areas. The presentation of ongoing work is especially welcome.

The conference will be organised into streams, including but not limited to the following topics:
• Discourses of rights and crime.
• New directions in human rights enforcement.
• Human Rights, Criminal Justice and the War on Terror.
• Transitional justice.
• ECHR and domestic law.
• Asylum and immigration.
• Multiculturalism, minority rights and human rights.
• New trends in International criminal justice.
• Gender and Human Rights.
• Policing.
• Victimology.
• Juvenile justice.
• Punishment and penal policy.

Please submit an abstract (max. 300 words) to the organising committee by Friday February 15th 2008. Successful conference submissions will be notified by February 29th 2008. Submissions and further enquires should be directed to a.d.odonovan@student.ucc.ie

Frozen Embryos in the High Court

2007-12-05T10:59:00.000Z

In November 2006 McGovern J. ruled in the High Court that Ireland's constitutional protection of "the unborn" does not include embryos outside the womb.

The full decision is now available on BAILII:
M.R. v T.R. and Others [2006] IEHC 359 (15 November 2006)
www.bailii.org/ie/cases/IEHC/2006/H359.html

The earlier High Court case was
M.R. v T.R. [2006] IEHC 221 (18 July 2006)
http://tinyurl.com/yrpdlu

Sample News Story:
Legislation prospect after embryo ruling
www.rte.ie/news/2006/1115/embryo.html

Extracts:

"The Minister for Health & Children, Mary Harney, has said she had already instructed her Department to begin preparing for legislation in the area of assisted reproduction.

Ms Harney's statement followed a High Court judgment rejecting the case of a woman seeking to have three frozen embryos released to her against the wishes of her estranged husband.

The woman argued that the embryos had a right to life under the Constitution, but the High Court ruled that the protection of the unborn does not include embryos outside the womb.

.....

However, today the High Court concluded that the three frozen embryos are not unborn within the meaning of the Constitution.

Mr Justice Brian McGovern said that it had never been in the minds of people voting on the 1983 Constitutional Amendments on Article 40.3.3 that the unborn meant anything other than the foetus in the womb.

The judge also said it was not possible for the court to decide when unborn life begins - that was not necessary to resolve the issues in this case."

Transgender Law - Lydia Foy in High Court

2007-11-19T13:50:00.001Z

As many people will know, the High Court has decided in the Lydia Foy case that it will issue the first declaration of incompatibilty of an Irish law with the European Convention on Human Rights. [update April 2008 - The full judgment is available on the Courts Service website at http://tinyurl.com/5v764b. ]

Sample news stories and blog posts:

"State in breach of ECHR in transgender case
www.ireland.com/newspaper/breaking/2007/1019/breaking49.html

The High Court has ruled that the State is in breach of the European Convention on Human Rights (ECHR) over its failure to recognise a sex change that a transgendered person underwent more than a decade ago. "

Sex change law incompatible with ECHR:
www.rte.ie/news/2007/1019/foyl.html

The Foy Case (CCJHR Blog - Fiona De Londras):
www.ucc.ie/law/blogs/ccjhr/2007/10/foy-case.html

Tanya Ní Mhuirthile, Time to respect the rights of all gender identities, Irish Times:
www.ireland.com/newspaper/opinion/2007/1101/1193444281616.html

Previous Lydia Foy case:
www.bailii.org/ie/cases/IEHC/2002/116.html

Media and Tribunals

2007-10-30T23:21:00.000Z

A Divisional Court of the High Court has ruled that Geraldine Kennedy and Colm Keena of the Irish Times must answer questions regarding the source of an article abou the Mahon Tribuanl.

The full judgment is not yet on the Courts Service website but is available here.
Title: Judge Mahon and Others v Keena and Kennedy, [2007] IEHC 348, High Court, 23 October 2007.
[Update 19 Nov. 2007:
The judgment is now available on the Courts Service website here.]

Cases cited in the judgment include

Oblique Financial Services Limited v. The Promise Production Company [1994]
Kiberd v. Hamilton [1992] 2 I.R. 257
Haughey v. Moriarty [1999] 3 I.R. 1
O’Callaghan v. Mahon [2006] 2 I.R. 32
O’Callaghan v. Mahon (No. 2), Supreme Court, 30th March, 2007
Mahon v. Post Publications Limited, High Court, 4th October, 2005
Mahon v. Post Publications Limited, Supreme Court, 29th March, 2007
Commonwealth of Australia v. Fairfax [1980] 147 C.L.R. 39
Sunday Times v. The United Kingdom (1979) 2 EHRR 245
Lingens v. Austria (1986) 87 EHRR 329
Castells v. Spain (1992) 14 EHRR 445
Goodwin v. The United Kingdom (1996) 22 EHRR 123
Dehaes and Gijsels v. Belgium (1997) 25 EHRR 1
Fressoz and Roire v. France (1999) 31 EHRR 28
Tromsov v. Norway (1999) 29 EHRR 12
Radio Twist AS v. Slovakia, European Court of Human Rights, 19th December, 2006
Tonsbergs & Blad A/S v. Norway, European Court of Human Rights, 1st March, 2007
Kwiecien v. Poland, European Court of Human Rights, 9th April, 2007
Ustun v. Turkey, European Court of Human Rights, 10th May, 2007
Ashworth Hospital Authority v. MGN Limited [2001] WLR 2003

Extract from the judgment:

In our view, nothing could be more damaging to the capacity of the Tribunal to carry out its functions than the perception that the Tribunal itself leaked information given to it in confidence. Thus, where a leak occurs as in this case, the Tribunal must inquire to establish the source of that leak as it has sought to do. Establishing that the Tribunal itself was not the source of the leak is in itself a legitimate aim and a pressing social need. At this stage, having regard to the destruction of the documents, the only means remaining to pursue that aim is by way of the proposed questioning of the defendants. If a Tribunal is not enabled to pursue the aim of establishing that it was not the source of the leak, even if it is not able to ultimately identify the source of the leak, the process of public inquiry in private investigative phase will be damaged to such an extent that there would be an inevitable loss of confidence in the integrity of the process and in all probability a significant reduction
in the voluntary co-operation of the public in its inquiry.
In the circumstances of this case we conclude that the defendants’ privilege against disclosure of sources, is overwhelmingly outweighed by the pressing social need to preserve public confidence in the Tribunal and as there is no other means, by which this can be done other than the enquiry undertaken by the Tribunal, we are of opinion that the test “necessary in a democratic society” is satisfied.
Accordingly, we will grant the relief sought.

Sample News Story: http://www.rte.ie/news/2007/1023/mahon.html

Blog Posting by Daithi Mac Sithigh:
http://www.lexferenda.com/26102007/anarchy-in-the-uk/

Extradition of Exoo Refused

2007-10-30T22:13:00.001Z

I have noted previously here the case of Reverend George Exoo, whose extradition was sought from the U.S.A. to Ireland for alleged assistance in a suicide.

It's now being reported that Exoo's extradition has been refused:

RTE: Extradition of Exoo halted in US

The Times West Virginian: Ex-Beckley minister free

Irish Times: Minister in suicide case calls for change in Irish law

The judgment was issued by the U.S. District Court, Southern District Court of West Virginia. The judge was Magistrate Judge R. Clarke VanDervort.
The court website is at http://www.wvsd.uscourts.gov/
Update May 2008:
The Exoo case Opinion is available here.

Mandatory Life Sentences, the Constitution and the ECHR

2007-10-05T20:52:00.000Z

RTE is reporting that a challenge to the mandatory life sentence has been rejected:

Challenges to life sentences rejected Friday, 5 October 2007 16:20

"Two convicted murderers have lost their High Court challenge to the constitutionality of the mandatory life sentence for murder.

They are 25-year-old Peter Whelan, who was jailed for life in 2002 for the murder of Cork student Nicola Sweeney, and 30-year-old Paul Lynch, who pleaded guilty in 1997 to the murder of Donegal pensioner, William Campbell.

Each claimed the sentence breached their rights under the Constitution and under the European Convention of Human Rights.

The two men claimed the mandatory life sentence interfered with the role of the judiciary and offended the independence of the judiciary enshrined in the Consitution.

They also claimed their rights under the Convention were breached because they have no way of knowing how or when they are likely to be released.

The case could have had implications for more than 250 people serving life sentences for murder in Ireland.

But Ms Justice Mary Irvine rejected the men's claims on all grounds."

The full story is here.

The Latest from UCC Law Faculty ...

2007-09-28T09:54:00.000Z

The UCC Law Faculty Newsletter 2007 is now available here.

Forthcoming UCC Centre for Criminal Justice and Human Rights (CCJHR) events are listed here.

These include:

25 October 2007: Mental Health and Human Rights Seminar
3 April 2008: Youth Justice Conference [call for abstracts now online]

Thanks to Fiona De Londras, the new CCJHR blog is here.

High Court Case on Unmarried Fathers

2007-09-13T22:11:00.000Z

There've been a large number of media reports on a recent High Court case concerning an unmarried father, Mr. G. The judge appears to have emphasised family rights under Article 8 of the European Convention on Human Rights.
The full judgment doesn't appear to be on the Courts Service website yet.
[Update 23 November 2007:
The judgment is now available. The case is
T. v O. [2007] IEHC 326, Mc Kechnie J., 10 September 2007]

Here are some of the news reports:

Landmark Ruling on Father's Rights (RTE)

Unmarried Father Wins Right to Seek Return of Twin Boys (Irish Times)

Judge Calls for Review of Fathers' Rights (Irish Examiner)

Unmarried Father Makes History in Custody Case (Irish Examiner)

International Herald Tribune Story

Forthcoming Irish Law Events

2007-09-05T21:30:00.000Z

The latest Irish Law Update is available here.

It includes forthcoming events such as the following:

Fri. Sep 7, 2007
Preventing Ill-Treatment - Ireland and the OPCAT - Irish Council for Civil Liberties, Dublin Seminar on Optional Protocol to the United Nations Convention Against Torture (OPCAT)
www.iccl.ie/

Mon. Sep 17, 2007
Recent Developments in Medical Negligence - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Sat. Sep 29, 2007
50 Years of the Treaty of Rome: Reflecting on Past Achievements and Future Challenges - Faculty of Law, NUI Galway
www.nuigalway.ie/law/eu_conference.html

Sun. Sep 30 – Tue. Oct 2, 2007
Ireland, Gateway between the United States and the European Union - ABA Conference, Dublin www.abanet.org/intlaw/fall07/agenda_dublin.html

Wed. Oct 3, 2007
Obstacles to Harmonisation of International Maritime Law - Irish Maritime Law Association, Dublin
www.irishmaritimelaw.com/noticeboard.htm

Sat. Oct 6, 2007
Equality, Legislation and the Constitution - Faculty of Law, NUI Galway
www.nuigalway.ie/law/events.html

Tue. Oct 9, 2007
Consumer Protection Act 2007 - An Overview - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Mon. Oct 15, 2007
Anti-Money Laundering Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8193

Tue. Oct 16, 2007
Restorative Justice - Association for Criminal Justice Research and Development Conference, Dublin
www.acjrd.ie/activities_current.htm

Tue. Oct 16, 2007
Data Protection Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8192

Wed. Oct 17, 2007
Corporate Governance Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8186

Fri.-Sun. Oct 19-21, 2007
Politics and the Law - Political Studies Association of Ireland, Dublin www.psai.ie/conference.asp

Wed. Oct 24, 2007
Residential Tenancies and Commercial Leases - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Fri. Nov 2, 2007
The Impact of the Fight against Terrorism on EU Law - Academy of European Law (ERA) Seminar, Dublin www.era.int/web/en/html/nodes_main/4_2127_474/conferences_0000_Date/5_1796_3984.htm

Thu. Nov 8, 2007
Environmental and Planning Law - Law Society Seminar, Cork www.irishlaw.org/events/lawsoc07-08.shtml

Sat. Nov 17, 2007
Law and Mental Health - Faculty of Law, NUI Galway
www.nuigalway.ie/law/events.html

Wed. Nov 21, 2007
Criminal Justice Act 2007: A Bridge Too Far? - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Fri. Nov 23, 2007
The Enforcement of National and EC Competition Laws in Member States: Consistency, Coherence and Diversity, Dublin
Joint Conference of the Irish Society for European Law and the UK Association for European Law
www.isel.ie/coming.htm

Fri. Nov 30, 2007
Troubleshooting Areas in Family Law Practice - Law Society Conference, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

For the full list of forthcoming events, go to
www.irishlaw.org/events/

To join the Irish Law Updates e-mail list (received by 2,130 people), go to
www.irishlaw.org/joinleaveupdates/

Statutory Instruments 2007

2007-09-05T10:46:00.000Z

Through Helen Mulcahy, our law librarian, I've learnt that Statutory Instruments of 2007 are now available in PDF at

www.attorneygeneral.ie/esi/2007/esi_num.html

Strangely, there's now a gap in public Statutory Instrument coverage:

From 1922 to Number 350 of 2005, go to www.irishstatutebook.ie or www.bailii.org/ie/legis/num_reg/
There's then a gap for 2005, numbers 351 to 926, and all of 2006.
For 2007, go to www.attorneygeneral.ie/esi/2007/esi_num.html

The gap is partially filled by the IRLII index of Statutory Instruments, hosted here at UCC by Professor John Mee - see http://www.ucc.ie/law/irlii/si/si.php

However, as is well known, the IRLII Index can only link to SIs which have been published on Government websites, and so is incomplete.

A quick glance at the 2006 list on IRLII suggests that full text PDF links are provided for 36 of the 911 SIs in that year.

Commercial coverage of the SIs is provided by www.firstlaw.ie.

Extradition / Assisted Suicide

2007-08-19T22:55:00.000Z

An interesting news story:

"Judge considers verdict in suicide case

A US judge has adjourned the case of a man accused of assisting an Irish woman with suicide to consider whether the alleged crime warrants his extradition.
The Reverend George Exoo, a former Unitarian minister, has been accused of assisting a 48-year-old Irish woman with her suicide in Dublin in 2002.
Since then gardaí have been seeking to have Mr Exoo brought to Ireland to stand trial."

Read / view more on the following pages:
http://www.rte.ie/news/2007/0817/exoog.html

http://www.register-herald.com/local/local_story_229231911.html

Assisted Suicide Blog

Irish Law RSS Feeds

2007-08-17T19:32:00.000Z

For those who are fans of RSS feeds I've added two new feeds to the Irish Law Site cases page:

The IRLII Lastest Irish Cases RSS News Feed
This feed has been on the IRLII site for quite a while now (about a year?) and is maintained by my colleague John Mee with the assistance of Micheal O'Dowd.

The www.courts.ie Judgments RSS News Feed
This is an experimental feed I created using ~~feedyes.com~~ (update 5 October: the feed now uses ponyfish.com.) Unfortunately the headlines consist of the dates of judgments rather than titles, but at least when new judgments are posted on the site they'll show up in your feed reader.

A reminder of two other RSS feeds which we already have:

If you haven't heard of RSS feeds, a brief outline of how they work is available here.

LRC Report on Spent Convictions

2007-08-17T07:48:00.003Z

There've been quite a number of interesting reports over the past few weeks which I've been meaning to include in posts but am only getting around to now. The first one is the Law Reform Commission’s Report on Spent Convictions.

Here's an extract from the press release:

"The Report sets out in detail the elements of the proposed spent convictions law and it also includes a draft Spent Convictions Bill to implement the Commission’s recommendations. The key elements include:

the types of offences which should be excluded completely from the proposed law: (a) any offence triable by the Central Criminal Court, such as murder; (b) any sexual offence as defined in the Sex Offenders Act 2001; and (c) any other offence where a sentence of more than 6 months (including a suspended sentence) has been imposed in court;
the length of time a person must be conviction-free to qualify for the conviction to be regarded as “spent”: 7 years from the date of conviction where a custodial sentence of up to 6 months is imposed; 5 years from the date of conviction where a non-custodial order is made, such as a fine or disqualification;
all convictions, including spent convictions, would still be disclosed at a sentencing hearing and in some non-criminal cases such as involving access to children.
The system would be automatic, rather than requiring the person to apply to court to have their conviction declared to be spent, as an application-based system would not be transparent and consistent."

Full Report:
http://www.lawreform.ie/publications/reports.htm

Press Release:
http://www.lawreform.ie/REPORT%20SPENT%20CONVICTIONS%20PRESS%20RELEASE%20JULY%2007.pdf

Sample News Story:
http://www.rte.ie/news/2007/0731/justice.html

See also:
Extending the Scope of Employment Equality Legislation (2004)
http://www.ucc.ie/en/lawsite/research/research-projects/employment-equality/

(The above report included a section on the criminal conviction / ex-offender / ex-prisoner ground.)

Updates 2008-9 - See also:
Spent Convictions Group, Proposals on a Rehabilitation of Offenders Bill (2009)
Spent Convictions Bill 2007
Irish Human Rights Commission, Observations on Spent Convitions Bill (2009)
Irish Penal Reform Trust Position Paper on Spent Convictions

Review of Mental Health Act 2001 published

2007-07-29T15:27:00.000Z

The Department of Health and Children has published a review of the Mental Health Act 2001 which is available at
www.dohc.ie/publications/mental_health_act_review07.html.

The review suggests very few changes to the Act, but some interesting points include the following:

The Minister accepts in principle that the references to "unwilling" in sections 59 and 60 should be removed, but this will need to be done in the context of any new capacity legislation
The Minister accepts that there appears to be a drafting error in section 61
As consultant numbers increase consideration should be given to reducing the 14 day time period allowed for in section 17(1)(c)(iii) to receive the second consultant’s report. This would also facilitate the earlier scheduling of Mental Health Tribunals and provide earlier access by patients and their legal advisors to the second opinion reports prior to hearings.
When a voluntary patient has a mental disorder and requires involuntary admission for treatment, the use of the normal involuntary admission procedures is preferred. The status of patients should not lightly be changed from voluntary to involuntary, and the rights of patients in this regard must be fully safeguarded. The legal scope for using the normal admission procedures under sections 9 and 10 will be examined.
The Act should be amended when a suitable opportunity arises to provide for the closure of approved centres.
A monitoring group, consisting of representatives of the Department of Health and Children, the Department of Justice, Equality and Law Reform, the HSE, the Mental Health Commission, service providers and service users should be established to address any difficulties with the Mental Health Act 2001, to oversee the linkages between the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006 and to contribute to the development of any proposed capacity legislation.

Family Law Matters

2007-07-13T15:05:00.000Z

The Courts Service has launched its second report on Family Law proceedings, 'Family Law Matters'. This is part a series of reports which are a Courts Service initiative to shine a light on family law courts. The report provides information under four headings; Reports, Statistics, Opinion and Judgments. It includes an excerpt from a paper by Judge Conal Gibbons dealing with the reasons children are taken into care and by the Pensions Ombudsman Paul Kenny dealing with the issue of pension adjustment orders.

The paper by Judge Gibbons shows that of the children in care in Ireland 43% are as a result of a court care order are 57% voluntary placements. It goes on to show that the major reasons children are in care are:

neglect 1,386
physical abuse, 290
sexual abuse, 159
emotional abuse, 147
emotional and behavioural problems, 134
mental health problems / intellectual disability, 19
abusing drugs / alcohol, 9
physical illness/ disability, 8
pregnancy, 7
involved in crime, 4
other, 146

The figures also show that of the 5,060 children in care in Ireland only 442 are in residential care with the vast majority being in some form of foster care and with 32 being cared for at home under supervision.

The Family Law Reporter is Dr Carol Coulter.

Full Press Release:
http://tinyurl.com/2hrmwk

Full text of reports:
http://tinyurl.com/2slzba

Titles of reports:
Maintenance procedures in the district court.pdf
Family Law Matters - Vol. 1 No. 2 2007 - Summer 2007.pdf
Family Law Matters - Vol.1 No.1 - Spring 2007.pdf

Sample Media Coverage:
http://www.rte.ie/news/2007/0710/morningireland.html

Advertising Law in the Information Age event

2007-07-13T14:44:00.000Z

We've been busy running the third E Law Summer Institute. The Press release is here.

As part of the Institute, we have a guest lecture, open to all, as follows:

Advertising Law in the Information Age

Douglas Wood, Attorney, Reed Smith, New York

Wednesday 1 August 2007, 9.00 a.m.

Full details are here.

Mahon Tribunal Case 4 July 2007

2007-07-05T13:22:00.000Z

Yesterday's Mahon Tribunal case in the Supreme Court is available on the Courts Service website at www.courts.ie/Judgments.nsf/Webpages/HomePage

The title is
Fitzwilton Limited and Others -v- Judge Alan Mahon and Others [2007] IESC 27

A brief extract from paragraph 14 of Denham J's judgment:

'I also note the words of the next paragraph. These are:- "The Tribunal may decide to continue its inquiries and/or proceed to public hearing in respect of one or more issues which are currently part of a matter designated and listed herein." The words "The Tribunal may decide" is not a record that a decision has been made. The words are not "The Tribunal has decided". Rather, the words, "The Tribunal may decide", indicate that a decision may be taken in the future by the Tribunal. It is clear that the Tribunal has considered the listed matters. This is the first step required by the Houses of the Oireachtas.
The second step the Tribunal was required to take was to make a decision as to the additional matters which should proceed to public hearing. The words in the document "… may decide to continue its inquiries and/or proceed to public hearing in respect of one or more issues … listed herein" indicate that the Tribunal reserved its decision to a future date, which may be a reference to the discretion conferred by paragraph J(6). The words "may decide", indicate an action in the future.
This is confirmed by the words stating that the Tribunal may do either of two things. The specific words: "and/or proceed to public hearing", describe a situation where the matters are under consideration not decision.
The third step is to record the decision. On its face the document of the 28th April, 2005, does not record a decision that specified additional matters go to a public hearing.'

Sample media coverage:
http://www.rte.ie/news/2007/0704/mahon.html

LRC Public Consultation - Dublin, 18 July 2007

2007-06-29T18:30:00.000Z

Law Reform Commission
Public Consultations on Law Reform

The Commission is coming to the end of its Second Programme of Law Reform 2000- 2007 and has started identifying new areas of law to be included in a Third Programme of Law Reform, which will run from 2008.
The Commission is committed to ensuring that the Third Programme will reflect the needs of a modern society, and is seeking the views of interested persons and groups on the laws in need of reform. A number of Public Consultations have already been held. The first Consultative Seminar took place at NUI Galway in March and the second was held in UCC in April. The final Consultative Seminar is planned for Dublin Castle on Wednesday 18 July, from 9 - 1 pm. This Seminar in will also be the Commission's Annual Conference for 2007 and is free to attend, but booking is essential.
The closing date for the Dublin Castle Seminar is Monday 16th of July.

Members of the public can make suggestions for law reform verbally or in writing. The Commission is interested in receiving submissions on laws that affect the daily lives of people. There is no standard format for a submission and there is no requirement to use technical legal language. Please send your submissions to:
Secretary / Head of Administration
The Law Reform Commission
35 - 39 Shelbourne Road
Ballsbridge
Dublin 4
Email: thirdprog@lawreform.ie
Website: www.lawreform.ie

Mental Health (Criminal Law) Review Board - new website

2007-06-21T20:48:00.000Z

The Mental Health (Criminal Law) Review Board, established under the Criminal Law (Insanity) Act 2006, now has a website at
www.mhclrb.ie [link fixed 22 June'07 12.15 p.m.]

A brief summary of the provisions of the Criminal Law (Insanity) Act 2006 is available on the Citizens' Information website.

Another James Joyce Copyright Case

2007-04-17T22:14:00.000Z

Many people will be aware of cases concerning copyright in James Joyce's works such as
Sweeney v. NUI Cork T/A Cork University Press [2000] IEHC 70 and Sweeney v. MacMillan Publishers [2001] EWHC Ch 460.
In 2004, a brief amendment to the Copyright legislation was passed due to concerns about possible litigation concerning Joyce's works. See the Copyright and Related Rights (Amendment) Act 2004 and Matthew Rimmer, "Bloomsday: Copyright Estates and Cultural Festivals", (2005) 2:3 SCRIPT-ed 345.

Lawrence Lessig now reports that a case filed in the Californian courts concerning James Joyce's works has been settled, with the academic author, Professor Carol Shloss, being enabled to publish a supplement to her book on Lucia Joyce. The supplement may be published in print form within the United States and in electronic form "accessible only within the United States to computers with a U.S. Internet Protocol (I.P.) address." So we Europeans will have to hop on an Aer Lingus flight if we want to look at the site. For those of you currently in the U.S.A., go to
www.lucia-the-authors-cut.info/index.html

See also:
'An Important Victory For Carol Shloss, Scholarship And Fair Use'

Settlement Agreement

Press Release from Stanford University

Court Action re Constituency Boundaries

2007-04-17T21:06:00.000Z

TDs take court case over boundary figures disparity

Two Independent TDs have initiated a legal challenge to the constitutionality of holding the general election on the basis of the current constituencies, given the huge disparities in population revealed by the census figures.

Further Details:

http://home.eircom.net/content/irelandcom/topstories/10182610?view=Eircomnet

http://www.breakingnews.ie/ireland/?jp=MHAUOJGBAUCW

New IrishLaw Update Published

2007-04-16T11:40:00.000Z

A new IrishLaw Update has been published and is available at
www.ucc.ie/law/irishlaw/updates/no32_16apr2007.shtml

This includes a list of forthocoming events such as the following:

Tue.24 Apr.'07: Competition and the Legal Profession - Irish Centre for European Law Conference, Dublin
http://www.icel.ie/events_forthcoming.htm

Wed. 25 Apr.'07 - Personal Injury Claims: A Review of Recent Developments - Law Society seminar, Dublin
http://www.irishlaw.org/events/lawsoc06-07.shtml

Thu.26 Apr.'07: Law and the Environment 2007 - Fifth Annual Conference for Environmental Professionals, Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Thu.26 Apr.'07: Evidence in Early Irish Law: What do the Documents Tell Us? - Lecture by Professor Fergus Kelly - Sixteenth Hugh M. Fitzpatrick Lecture in Legal Bibliography - Dublin
http://www.irishlaw.org/events/legalbib-apr07.shtml

Mon.30 Apr.'07: Bi-lingualism in the Courts and in Legislation - Bar Council CPD Seminar, Dublin. This CPD event is of interest to legal practitioners with an interest in the Irish language.Attendance is open and free of charge. Taking place in the Morrison hotel, Ormond Quay, Dublin 1 at 4.30 pm

Wed.2 May'07: "What's wrong with the European Convention on Human Rights?" - Professor Steven Greer - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu.3 May '07: Postgraduate Conference on Criminal Justice and Human Rights - Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork
http://www.ucc.ie/law/postgradconference2007

Fri.-Sun.4-6 May'07: Law and Politics A Contemporary and Brehon Perspective - Burren Law School 2007, Clare
http://www.burrenlawschool.org

Thu.10 May'07: The Protection of Human Rights in the War on Terror - Human Rights Lecture by Baroness Helena Kennedy QC - Law Society Third Annual Human Rights Lecture, Law Society, Blackhall Place, Dublin http://www.lawsociety.ie - see Forthcoming Events
Attendance is free, but prior booking is recommended. Please contact a.moore@lawsociety.ie to register.

Tue.15 May'07: Public Lecture by Professor Richard Fallon, Harvard Law School entitled 'Reflections on the Morality and Legality of Coercive Interrogation by the US' - Harvard Law School Association of Ireland in association with School of Law Trinity College Dublin. Trinity College Dublin, Room 21.
Lecture begins at 6.30pm. Professor Fallon is a leading scholar on US constitutional law.
http://www.irishlaw.org/events/harvard-tcd-may07.pdf

Tue.15 May'07 - Competition Law : Key Issues for the General Practitioner - Law Society seminar, Dublin
http://www.irishlaw.org/events/lawsoc06-07.shtml

Thu.17 May'07 - Mergers, Acquisitions and Disposals of Irish Legal Practices in a Changing Market - Law Society seminar, Dublin
http://www.irishlaw.org/events/lawsoc06-07.shtml

Fri.18 May '07: Society of Trust and Estate Practitioners Annual Conference 2007
http://www.step.ie/newsevents.php

Wed.23 May '07: Annual Family Law Conference - Law Society event, Clontarf, Dublin
http://www.irishlaw.org/events/lawsoc06-07.shtml

Fri.29 Jun'07: Annual Criminal Conference, Faculty of Law, UCC, Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Wed.18 Jul.'07: Public Consultation on Law Reform Commission's Third Programme of Law Reform - Dublin Castle
http://www.lawreform.ie

9 July- 3 August '07: E Law Summer Institute - University College Cork Law Faculty
http://www.ucc.ie/en/lawsite/students/elsi/

Vacancies: Lecturers in Law (2), University College Cork

2007-04-10T10:03:00.000Z

http://www.ucc.ie/en/hr/EmploymentOpportunities/ :

University College Cork

LECTURERS IN LAW (2 POSTS)

College of Business and Law

The Department of Law has established itself as one of the leading law schools in Ireland. It has a distinguished history over many decades in attracting high quality students and recruiting high quality staff nationally and internationally. Over its modern history, the Law Department has consistently pursued a policy of innovation and development. The Department operates with a complement of twenty-five full-time academics taff providing BCL, LLB, LLM and PhD programmes in addition to an Evening BCL programme.

Applications are invited for two full-time permanent Lecturer posts in the Department of Law. The holders of these posts, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants must hold a post-graduate qualification in law. The post holders will be expected to teach under the direction of the Head of Department, hold administrative roles, and be actively engaged in research.

Faculty of Law Website: http://www.ucc.ie/law

Informal enquiries to: Professor Caroline Fennell, Head of Department of Law
c.fennell@ucc.ie

Salary scale [new entrants]: 34,912 - 56,713 euro.
There is provision for subsequent progression to a higher salary scale maximum 81,867 euro.

Closing date: Friday, 20 April 2007

Completed application forms should be returned to:
Department of Human Resources, University College Cork, College Road, Cork,
Ireland. Tel: + 353 21 4903073/ Email: recruitment@per.ucc.ie
Fax + 353 21 4276995

Full details and application material:
http://www.ucc.ie/en/hr/EmploymentOpportunities/

Final Report of the Balance in the Criminal Law Review Group

2007-03-29T12:36:00.000Z

Press Release from www.justice.ie :

Final Report of the Balance in the Criminal Law Review Group

The Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, T.D, has published the final report of the Review Group he established last November, chaired by Dr. Gerard Hogan, S.C., to examine and review aspects of the criminal law. The Tanaiste established the Group following a speech he made in Limerick last October about whether there was a need for a rebalancing of some fundamental aspects of our criminal law and, in particular, whether the system could reflect better the interests of victims while at the same time preserving the integrity and fairness of our criminal justice system.

Announcing the publication of the report which he received earlier this week on his return from the United States, the Tanaiste said "I warmly welcome this report and I am very grateful to Dr. Hogan and the other members of the Balance in the Criminal Law Group for their sterling and dedicated work on these important issues. It is a fair and balanced report and will I believe form a sound basis for taking forward proposals for reform in the areas with which it deals."

The Report deals in particular with the right to silence, allowing character evidence of an accused, the exclusionary rule of evidence, requiring an accused to outline the nature of his defence before or at the commencement of trial, re-opening new evidence, nullifying an acquittal where there is evidence of jury or witness tampering, "with prejudice" appeals in the case of wrongful acquittal, extending alibi evidence rules to other analogous situations, allowing submissions by the prosecution before sentencing and modifying the rule in relation to hearsay evidence.
The Tanaiste said "The Criminal Justice Bill before the Oireachtas at present already addresses the Group's thinking on the right to silence issue as set out in their earlier interim Report. Where other action is practical in the short term to take forward recommendations I will take it.
For example, I will introduce amendments to the present Bill dealing with the taking of statements in Garda questioning by electronic means and to deal with the problem highlighted in the Report where persons are entitled to video recordings of their questioning in Garda custody.

Of their nature, other proposals in the Report will take more time to advance and, indeed, the Group felt that some issues are in need of more detailed research and my Department will progress this. Nevertheless the Group's proposals form a sound basis for an agenda for sensible reform which I strongly believe should be built on and taken forward as quickly as possible.
On some aspects, I would go further than the Group's recommendations. For example, the issue of requiring a defence statement is one which, in my view, could be of huge assistance to a jury in their consideration of a case. Criminal trials are getting longer and more complicated and it would be of assistance to a jury to have a summary of the contested elements of the case before they hear the evidence."

During the course of its work, the Review Group sought written submissions from interested groups and members of the public. The Review Group also met with a number of interested parties including victims' groups, members of the judiciary, senior members of An Garda Síochána, the Director of Public Prosecutions and Chief Prosecution Solicitor, journalists, representatives of the Human Rights Commission and legal practitioners.

A summary of the recommendations contained in the report are attached at Appendix A and the full text of the Report is published on the Department's website at www.justice.ie and the Tánaiste's speech in Limerick last October is at http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ6UTMDB-en
23 March 2007

Appendix I
The main recommendations of the Report are as follows:
1. The right to silence
* Inferences as to the credibility of a defence to be drawn from a failure to mention the fact relied on in the defence when in custody
* Inferences to be drawn from a failure to explain suspicious circumstances in custody
* Judges' Rules would cease to have effect and would be replaced by regulations, to be made by the Minister, regarding the conduct of interviews.
* A recorded interview should not be required to be the subject of a written note, subject to suitable safeguards
* Where the detained person requests that recording would not apply, the requirement for a note to apply to any admission made in an interview.
* Routine audio and video taping of common areas in Garda stations such as corridors etc to minimise the potential for issues arising concerning utterances or incidents in such common areas.
* The present practice regarding the supply of the videotapes of Garda interviews to suspects be changed so that the videotapes are only required to be made available by way of prosecution disclosure following the charging of the suspect or by order of a court
* Creation of a new offence of disclosing or showing an interview
videotape without lawful excuse.
A majority of the Group considers that neither the trial judge nor the prosecution should be permitted to comment on the failure of the accused to give evidence at his or her trial.
A separate dissent on this topic from two members of the Review Group is attached to the Report.
At the request of the Tanaiste, the Group had already issued an Interim Report on the right to silence in February 2007 and some of the Group's recommendations are contained in Part 4 of the Criminal Justice Bill 2007.
2. Allowing character evidence of an accused
* Where the defence attacks the character of the injured party in a case where the injured party has died or has become incapacitated and is unable to give evidence, the shield would be dropped and the accused would be liable to cross-examination as to his or her character without leave of the court.
* 10 days notice to be given of an intention to make an imputation against a deceased or incapacitated victim. (In the absence of such notice, the leave of the court would be required by the defence to make the imputation).
* Where the accused has engaged in an attack on the character of the prosecution witnesses or, the injured party who is deceased or unavailable to give evidence, or has adduced positive evidence of his own good character, or asked a question designed to elicit such evidence from any witness, the prosecution would be entitled to adduce evidence regarding the defendant's character.
* Allow an express power to call further prosecution evidence regarding the character of the deceased or an incapacitated victim where the victim's character has been put in issue.
3. The exclusionary rule of evidence
Majority recommendation
* Court to have a discretion to admit unconstitutionally obtained evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim.
* Allow time for a possible change in jurisprudence to emerge following use of the appeal provisions of the Criminal Justice Act 2006. If not, other options, including various legislative models or possibly constitutional change, to be examined and considered.
A separate dissent on this topic from the Chairman is attached to the Report.
4. Require the accused to outline the nature of his defence before or at the commencement of a trial and 5. Extending alibi evidence rules to other analogous situations
* Limit the obligation of additional disclosure to the expert or technical reports or witness statement of experts on which the defendant intends to rely.
* Provide that, following such disclosure, the prosecution would not be entitled to call any witness making such a report without the consent of the defendant.
* Allow the prosecution to require the defence to tender a witness where a report or witness statement has been furnished, but the defence does not, in the event, wish to call the witness at the trial.
* When the obtaining of expert evidence takes a longer period of time the defence should be permitted to give details of the efforts being made to obtain a statement if the statement itself is not to hand at the time for disclosure. In any event, such reports should be disclosed well in advance of the trial.
Disposal of Admissibility Issues pre-trial
* Provide that admissibility issues be determined prior to the swearing in of a jury on the first day or days of a trial.
* The principle that consideration be given in sentencing to the stage at which a plea is tendered should be stated expressly in statute.
6. "With prejudice" appeals in the case of wrongful acquittal
* "With prejudice" appeals in respect of trials on indictment in the case of wrongful dismissals - A "with prejudice" right of redress against erroneous decisions by a trial judge, whether that is an interlocutory or evidential ruling (including a ruling which weakens the prosecution case, followed by a jury acquittal) or a directed acquittal.
* "With prejudice" appeals in respect of decisions of the District Court - No change.
7. Re-opening new evidence
* A right to the prosecution to complain in respect of miscarriages of justice on the basis of new or newly discovered evidence with recommended safeguards against a possible abuse of procedure which, of its nature, should only be used in exceptional cases.
* Such right to be exercised if the Supreme Court so decides, notwithstanding a foreign acquittal subject to consideration of the legal issues arsing under the Schengen implementation agreement.
8. Nullifying an acquittal where there is evidence of jury or witness tampering
* Review of acquittals in the event of interference with the trial process, whether in respect of the jury or otherwise.
* Supreme Court to be satisfied that there is sufficient evidence warranting a quashing of the acquittal.
9. Allowing submissions by the prosecution before sentencing
* Amendment to the Guidelines for Prosecutors to allow the prosecutor to volunteer information regarding sentencing precedents whether requested by the judge or not.
* Develop guideline judgments by the Court of Criminal Appeal or Supreme Court, where a number of appeals concerning the same offence would be heard together and a general guideline judgment given, indicating the approximate mid point on the scale of severity and the factors that might result in a significant adjustment up or down.
* Consider possible statutory mechanism for the requesting of a guideline judgment by the Director or the giving of such a judgment on the court's own motion.
10. Modifying the rule in relation to hearsay evidence
* Identify any particular areas that warrant specific exceptions being permitted rather than a radical break from existing norms.
* Consider legislative provisions which would allow proof of purely formal or technical matters to be proved by certificate
* Department of Justice, Equality and Law Reform to keep under review section 6 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, (evidence of scene preservation to be proven by certificate) and section 188 of the Criminal Justice Act, 2006 (handling of forensic samples), to see whether any extension of these provisions is warranted.
Other proposals
11. Identity parades
Allow an injured party to identify a suspect through a one-way screen in as far as practicable.
12. The judge's charge
Development of "Bench Books" as recently recommended by the Law Reform Commission which should bring greater standardisation to the formulae used for certain aspects of judges charges.
13. Victim impact reports
* The statutory provision should be recast to permit the person or
persons who have been most directly affected by an offence, to give evidence at the sentencing stage - for example next of kin of a deceased victim of crime, subject to the Court's discretion in any case.
* Include a power vested in the court to direct that the statement as
delivered or any part of it would not be published or broadcast, without prejudice to any other power of the court.
* Welcome the Tánaiste's recent decision to ensure that the Parole Board would have access to the book of evidence in any case in which parole was applied for.
* Victim impact statement should also be given to the Parole Board and
considered prior to any decision on parole.
* In addition - particularly for the category of relatives or victims
who did not get the opportunity to make a victim impact statement - the Department of Justice, Equality and Law Reform to examine further whether there might be merit in allowing such victims to be heard by the Parole Board in the presence of the offender, perhaps as a condition for eligibility for consideration of the request for parole.
14. Implications for the Defence Acts
Amendments to the Defence Acts to reflect (in the military justice context) the changes to the criminal justice system proposed.

Cork Online Law Review 2007

2007-03-13T09:26:00.000Z

Cork Online Law Review 2007
http://colr.ucc.ie

ARTICLES:

Foreword by Dr Carol Coulter, Family Law Reporter, Courts Service
1 Anthony Finegan - Asbestos-Related Injury Litigation
2 Eilionoir Flynn - Access to Services for People With Disabilities
3 Eleanor Leane - Principles of Juvenile Justice
4 Tom Flynn - Copyright Law in a Digital Age
5 Paul Daly - The House of Lords and the Government
6 Olufemi Amao - Reflexive Law and the C.S.R Debate
7 Ger Sadlier - The Success of the ECHR
8 Michelle Buddecke - Evolution of the Commercial Agent
9 Shannon Haynes - Statutory Rape Crisis
10 Pablo Cortés - Adapting Irish Small Claims Procedure
11 Stephanie Switzer - US Efforts to Impose TRIPS-Plus Standards
12 Brendan Ryan - Jus ad Bellum in the Israel-Hezbollah Conflict
13 Ronan O Brien - Analysis of the Postal Rule

http://colr.ucc.ie

Defamation Bill 2006

2007-03-05T11:37:00.000Z

For detailed discussion of the Defamation Bill 2006, see

Video: Eoin O'Dell, "Careful What you Wish For? The Defamation Bill, 2006", University College Cork Law Society Conference 2006, at
www.ucc.ie/en/lawsite/lawonline/video/

Eoin O'Dell's various Blog Entries on the Bill:

Proposed Referendum Regarding Children

2007-02-28T21:46:00.000Z

The wording of the proposed constitutional amendment regarding children is available at
http://www.dohc.ie/press/releases/2007/20070219.html

The proposed Article 42(A) would say:

The State acknowledges and affirms the natural and imprescriptible rights of all children.
1. In exceptional cases, where the parents of any child for physical or moral reasons fail in their duty towards such child, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
2. Provision may be made by law for the adoption of a child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child, and where the best interests of the child so require.
Provision may be made by law for the voluntary placement for adoption and the adoption of any child.
Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.
1. Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law.
2. No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age.
3. The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability.

For some discussion of the proposed amendment see the archives of the Irish Law Discussion group at
https://listserv.heanet.ie/cgi-bin/wa?A1=ind0702&L=irishlaw

See also the usual media sites such as www.rte.ie/news/

Launch of Centre for Criminal Justice and Human Rights, UCC, Cork

2007-02-02T12:14:00.000Z

Announcing the launch of the Centre for Criminal Justice and Human Rights,

Faculty of Law, University College Cork

The Centre for Criminal Justice and Human Rights was established by the Faculty of Law, U.C.C. in 2006, building on the Faculty's expanding research and teaching programs in these fields. The Centre will be formally launched on Tuesday February 27th, 2007 with the first in a series of Annual Distinguished Lectures in Criminal Justice and Human Rights. Addressing one of the key questions for criminal justice and human rights today, Professor Conor Gearty, Rausing Director of the Centre for the Study of Human Rights, L.S.E, will speak on the topic:

'Criminal Justice and Human Rights: Rising to the Challenge of Counter-Terrorism'.

Venue: Aula Maxima, U.C.C.
Time: 6pm (registration from 5.30pm)
Date: Feb. 27th
RSVP: Feb. 20th ccjhr@ucc.ie

Professor Conor Gearty

Conor Gearty was born in Ireland and graduated in law from University College Dublin before moving to Wolfson College, Cambridge in 1980 to study for a Master's Degree and then for a PhD. He became a fellow of Emmanuel College Cambridge in 1983 and in 1990 he moved to the school of law at King's College London where he was first a senior lecturer, then a reader and finally (from 1995) a professor. On 1 October 2002, he took up a new appointment as Rausing Director of the Centre for the Study of Human Rights and professor of human rights law at LSE.
Conor Gearty has published widely on terrorism, civil liberties and human rights. His books include Terror (Faber, 1990) and two books with K D Ewing, Freedom under Thatcher (1989) and The Struggle for Civil Liberties (2000). One of his more recent books, Principles of Human Rights Adjudication, is a study of the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. In his latest book, Can Human Rights Survive? <http://www.cambridge.org/catalogue/catalogue.asp?isbn=0521685524> , Conor analyses the problems facing human rights today and the challenges that need to be overcome if the subject is to continue to thrive. The book is based on the Hamlyn lectures that Conor gave in 2005.

Conor Gearty is also a barrister and was a founder member of Matrix chambers from where he continues to practice. He has been a frequent adviser to judges, practitioners and public authorities on the implications of the UK Human Rights Act, and has frequently lectured at home and abroad on the topic of human rights. He has appeared in human rights cases in the House of Lords, the Court of Appeal and the High Court.

About the Centre for Criminal Justice and Human Rights

The Centre for Criminal Justice and Human Rights was established by the Faculty of Law, U.C.C. in 2006. The study of crime, justice and human rights raises complex and often challenging questions for lawyers and policy makers. The Centre seeks to contribute to national and international debates on these questions, through the promotion of critical legal research, innovative programmes of legal education and training, and key partnerships with Government, statutory bodies and civil society organisations. The Centre builds on the success of the LLM Criminal Justice (Clinical) programme and the Faculty's growing international reputation for excellence in the fields of crime, justice and human rights.

For further information contact:
Dr Siobhan Mullally, Co-Director, Centre for Criminal Justice and Human Rights, s.mullally@ucc.ie <mailto:s.mullally@ucc.ie>

http://www.ucc.ie/en/lawsite/centres/CJHR/

Forthcoming Events 29 January 2007

2007-01-29T13:14:00.000Z

A new Irish Law Updates e-mail has just been circulated, with details of all forthcoming events.

The full e-mail is available online at
www.irishlaw.org/updates/no31_29jan2007.shtml

Sample events include:

Tue.30 Jan.'07: Parental Rights to Custody - Annual Moot Court at Courthouse, Washington Street, Cork - UCC Faculty of Law
http://www.ucc.ie/en/lawsite/Text,29331,en.html

Tue.30 Jan.'07: The English Privacy Emperor is Not Wearing Strasbourg’s Clothes - Trinity College, Dublin http://www.lexferenda.com/?p=196

Wed.31 Jan.'07: Launch of Results of ISSA/ UCD Irish Cybercrime Survey - Dublin http://www.issaireland.org/cybercrime

February

Wed.7 Feb.'07: Practical IT Workshop - Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/

Wed.7 Feb.'07: Acting for the Vulnerable Client - Law Society Seminar, Dublin http://www.irishlaw.org/events/lawsoc06-07.shtml

Tue.13 Feb.'07: Practical IT Workshop - Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/

Mon.19 Feb.'07: Drunk Driving Offences: A Review of Recent Developments - Law Society seminar, Dublin http://www.irishlaw.org/events/lawsoc06-07.shtml

Wed.21 Feb.'07: Children's Rights and the Constitution - Trinity College Dublin Law School http://www.tcd.ie/law/events.html [postponed from earlier January date announced]

Sat.24 Feb.'07: New Developments in Probate and Succession: Implications for Legal Practitioners - Trinity College Dublin Law School http://www.tcd.ie/law/events.html

Tue.27 Feb.'07: Criminal Justice and Human Rights: Facing up to the Challenge of Counter-Terrorism - Launch of Centre for Criminal Justice and Human Rights, Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/centres/CJHR/

Tue.27 Feb.'07: Divorce: Ten Years On - Law Society seminar, Dublin http://www.irishlaw.org/events/lawsoc06-07.shtml

Wed.28 Feb.'07: Occupiers' Liability: A 2007 Update - Trinity College Dublin Law School http://www.tcd.ie/law/events.html

March

Thu.8 Mar.'07: Employment Law Rights of Immigrants and Other Issues - Law Society seminar, Dublin http://www.irishlaw.org/events/lawsoc06-07.shtml

Mon.12 Mar.'07: Corporate Governance in Ireland - Dublin Quote VIP No. KM1869IRLWEM2 when booking to receive a 10% discount
http://www.iir-events.com/IIR-conf/AuditRisk/EventView.aspx?EventID=887
Tue.13 Mar.'07: Anti Money Laundering Ireland - Dublin Quote VIP No. KM1869IRLWEM2 when booking to receive a 10% discount
http://www.iir-events.com/IIR-conf/AuditRisk/EventView.aspx?EventID=887

Tue.13 Mar.'07: Personal Injury Claims: A Review of Recent Developments - Law Society CPD Seminar, Stillorgan, Dublin http://www.irishlaw.org/events/lawsoc06-07.shtml

Wed.14 Mar.'07: Data Protection in Ireland - Dublin Quote VIP No. KM1869IRLWEM2 when booking to receive a 10% discount
http://www.iir-events.com/IIR-conf/LawCompliance/EventView.aspx?EventID=886

Thu.15 Mar.'07: Freedom of Information Ireland - Dublin Quote VIP No. KM1869IRLWEM2 when booking to receive a 10% discount
http://www.iir-events.com/IIR-conf/LawCompliance/EventView.aspx?EventID=886

April

Thu.26 Apr.'07: Law and the Environment 2007 - Fifth Annual Conference for Environmental Professionals, Faculty of Law, University College Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/

May

Thu.3 May '07: Postgraduate Conference on Criminal Justice and Human Rights - Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork http://www.ucc.ie/law/postgradconference2007

June

Fri.29 Jun'07: Annual Criminal Conference, Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/

July

9 July- 3 August '07: E Law Summer Institute - University College Cork Law Faculty http://www.ucc.ie/en/lawsite/students/elsi/

CURRENT PUBLIC CONSULTATION DEADLINES
Consultation on Law Reform Commission's Third Programme of Law Reform - 15 June 2007 http://www.lawreform.ie/submissions/submission.htm

Moriarty Tribunal Report

2006-12-20T11:54:00.000Z

The Moriarty Tribunal report on payments to Charles Haughey is available at
www.moriarty-tribunal.ie/images/sitecontent_26.pdf

Sample News Story:
www.rte.ie/news/2006/1219/moriarty.html :

Haughey severely criticised by Moriarty

19 December 2006 22:45
The first report of the Moriarty Tribunal has said payments received by the former Taoiseach, Charles Haughey, during his political career devalued the quality of a modern democracy.
It said the late Mr Haughey lived a life vastly beyond the scale of what he earned as a public representative.
The tribunal also said the present Taoiseach, Bertie Ahern, did not have any knowledge that funds were being used inappropriately by Mr Haughey.
In relation to the co-signing of cheques of the Fianna Fáil party leader's allowance account, the tribunal has said it is satisfied that Mr Ahern, who co-signed cheques of the account, had no reason to believe that the account was operated otherwise than for a proper purpose.
But it concludes that the practice of pre-signing cheques by Mr Ahern undoubtedly facilitated the misuse of the account by Mr Haughey.
The tribunal says this was a practice which has to be viewed as both inappropriate and imprudent, having regard to the nature of the account, the skills and the experience then possessed by Mr Ahern, and the absence of any internal or external audit of the account.

Brian Lenihan fund
In relation to fundraising for the late Brian Lenihan, the tribunal says that it gets 'no satisfaction' to find that Mr Haughey deliberately sought to raise funds in addition to what he knew or must have known was required to meet the cost of Mr Lenihan's treatment, and that he ultimately applied part of those funds for his own use.
The report goes on to say that no other conclusion can be reached on this matter by the tribunal in light of the evidence heard.

The tribunal found that Mr Haughey personally misappropriated one particular donation of £20,000 for Mr Lenihan's benefit and took a series of steps to conceal his actions.
In relation to the Lenihan donations the tribunal established that up to £265,000 may have been collected for that purpose and of those funds no more than £70,000 was applied in meeting the costs and expenses of Mr Lenihan's medical treatment in the US.
The tribunal says it is satisfied that a sizeable portion of the excess funds collected was misappropriated by Mr Haughey for his own personal use.

The tribunal report found that throughout the period 1979-1996 Mr Haughey lived a life and incurred expenses vastly beyond a scale of public service entitlements.
During that period his sole apparent income was used for the purpose of bill paying. After 1979 his borrowings receded and sums were derived primarily from clandestine donations, including funds intended for the medical expenses of Mr Lenihan.

Testimony rejected
Several portions of Mr Haughey's testimony are viewed as unacceptable and are rejected.
No information whatsoever relating to funds received was at any stage volunteered by or on behalf of Mr Haughey.
The tribunal has said it cannot accept his testimony that he knew nothing of his financial arrangements. Evidence that he never heard of the Cayman Islands before the tribunal is unbelievable given his meetings with Mr Des Traynor who was a regular visitor to the islands.
Evidence given by Mr Haughey to justify the acceptance of personal donations is rejected.
Aggregate funds available to Mr Haughey in the period 1979 to 1996 totalled over £9.1m - that figure excluded income or pensions or income from Abbeville.
The tribunal concludes payments were secretive, opaque, and frequently involved off-shore vehicles.

Ben Dunne
The tribunal says it identified five further payments made by businessman Ben Dunne to Mr Haughey over and above the payments identified by the McCracken Tribunal.
The Moriarty report says that, apart from the final payment of £20,000 which was lodged directly to an account in Mr Haughey's name, all of the payments were routed in the most elaborate and complex manner.
It also concludes that Mr Dunne was a courteous witness. However, the tribunal cannot accept submissions and medical reports furnished on his behalf.
Mr Justice Moriarty has said that he hopes to publish his second and final report - into payments to Independent TD and former Government Minister Michael Lowry - early next year.

LRC Consultation Paper on Multi-Unit Developments

2006-12-20T11:51:00.000Z

Launch of Consultation Paper on Multi-Unit Developments

From LRC website:

"The Law Reform Commission’s Consultation Paper on Multi-Unit Developments has been launched by the Tanaiste and Minister for Justice, Equality & Law Reform, Michael McDowell TD. This Consultation Paper on Multi-Unit Developments deals with the law relating to apartments and other residential multi-unit developments. The Consultation Paper forms part of the Commission’s research work under its Second Programme of Law Reform 2000-2007. It also comes against a wider background of the general debate on the need for the regulation of the multi-unit development sector, which includes the publication of reports by the National Consumer Agency and the Auctioneer/Estate Agency Review Group in recent times.

"One of the striking features of housing in Ireland in the past decade is the huge rise in the number of residential multi-unit developments. The ownership structures of these developments are markedly different from more ‘traditional housing’; in multi-unit developments, the unit owners collectively comprise the membership of a management company which owns the structure of the development as a whole. An estimated 500,000 people now live in apartment blocks and similar developments, the design of which necessarily requires a high degree of interdependence between residents. The growth of the multi-unit development sector has not, however, been accompanied by corresponding progress in the law surrounding such developments. The Commission has proposed a number of provisional recommendations in relation to the sector.

Press Release: http://tinyurl.com/y5kbt2

Full report: http://tinyurl.com/yysbl6

LRC Report on Vulnerable Adults and the Law

2006-12-20T11:48:00.000Z

LAW REFORM COMMISSION PUBLISHES REPORT ON VULNERABLE ADULTS AND THE LAW

Monday, 18 December 2006: The Law Reform Commission’s Report on Vulnerable Adults and the Law will be formally launched by the Minister for Health and Children, Mary Harney TD, this evening.

Background to Report
This Report forms part of the Commission’s Second Programme of Law Reform 2000-2007, which deals with ‘Vulnerable Adults and the Law’ under two related headings: the law and older people; and the law concerning adults whose ability to make decisions may be limited, for example, through intellectual disability, dementia or an acquired brain injury (such as in a car crash). The Report brings together these two areas and builds on two Consultation Papers published by the Commission, a Consultation Paper on Law and the Elderly (2003) and a Consultation Paper on Vulnerable Adults and the Law: Capacity (2005). The Report contains the Commission’s final recommendations on these areas and includes a draft Scheme of a Bill to implement them.

Main elements of the Report
The Report is divided into two parts. The first part recommends the enactment of a new mental capacity law to create clear rules on when a person has the legal competence (capacity) to make a wide range of decisions, including making contracts such as buying groceries at a shop, transferring ownership in land or making healthcare decisions. The second part recommends that the current Wards of Court system should be replaced by a new Guardianship system.

Empowerment and protection
In the Report, the Commission aims to promote the empowerment of vulnerable adults, while also recognising that some protections are still needed. In terms of empowerment, the Commission recommends that the proposed law should include a clear presumption that all people over 18 should be presumed to have mental capacity. The Commission also recommends that a modern “functional” approach to legal capacity should be put in place. The functional approach means assessing a person’s decision-making ability in relation to a particular decision at the time the decision is made.

Protection: equity release schemes
But the Commission also recognises that vulnerable adults may still need protection against abuse. For example, the Commission has recommended that all types of equity release schemes – many of which are aimed at older people – should come under IFSRA, the Financial Regulator. Some equity release schemes have been designed so that they are not financial products, so that IFSRA cannot currently regulate these types of schemes.

Healthcare decisions and informal authority to act
The Commission also makes specific recommendations in the healthcare context. At present, many routine health care treatments – such as dental treatment – are carried out for adults who have limited or no capacity on the basis of "consent forms" signed by a relative. These consent forms have no legal standing, and technically they could be regarded as assaults. The Commission recommends that this should be dealt with by stating in the proposed law that such routine treatments are lawful if they are clearly in the person’s best interests: this is called an informal authority to act. The Commission also recommends that the Minister for Health and Children could appoint a Working Group on Capacity to Make Healthcare Decisions to formulate a code of practice for healthcare professionals. The code of practice would provide guidelines on assessing a person’s capacity to make a healthcare decision and on the situations where treatment can be carried out under the proposed informal authority to act.

Enduring powers of attorney
The Enduring Powers of Attorney Act 1996 allows a person who currently has mental capacity to appoint someone (such as a spouse or partner) to make decisions on their behalf: the power of attorney only comes into force when the person loses capacity, for example, through dementia. The 1996 Act is currently limited to financial matters only. The Commission recommends that the 1996 Act should be extended to include minor health care and treatment decisions.
Guardianship system to replace Wards of Court The current institutional framework for protecting people with limited (or no) mental capacity – the High Court Wards of Court system - is also in need of reform. The Wards of Court system is governed mainly by the
Lunacy Regulation (Ireland) Act 1871, which states that a person can only be made a Ward of Court if they are a deemed to be a 'lunatic, idiot or person of unsound mind.' As well as using objectionable and outdated language, the Wards of Court system uses an "all-or-nothing"
approach to capacity: if the person is made a Ward of Court, they lose control over all aspects of their financial and personal life. The Commission recommends that this system should be replaced by a new decision-making structure, called Guardianship. This would involve the creation of Guardianship Board, which would make decisions about whether a person does or does not have continuing capacity to make key decisions about themselves. This could include deciding that a Personal Guardian should manage a limited aspect of the person’s financial affairs, but not necessarily everything. The Commission also recommends establishing a new independent Public Guardian.

The new Guardianship system
The Guardianship Board would be a three person full-time multi-disciplinary Board (along the lines of the Garda Síochána Ombudsman Commission), chaired by a High Court judge. The Board could make Guardianship Orders and Intervention Orders. Where a Guardianship Order is made, a Personal Guardian could be appointed over the property, financial affairs and welfare of a person who lacks capacity, whether in a limited way or more generally. An Intervention Order would be made for a specific purpose (such as ordering a once-off service), where a Guardianship Order would not be required. The Commission also recommends the establishment of the Office of Public Guardian, which would have a supervisory role over personal guardians and those acting under enduring powers of attorney. The Public Guardian would also have the power to develop and publish suitable codes of practice and have an educational role in this area, acting in cooperation with other bodies, including the National Disability Authority and the Health Service Executive.

Full text of report:
www.lawreform.ie/publications/reports.htm

Statute Law Database - UK

2006-12-20T11:45:00.000Z

The UK's Statute Law Database is now available to the public at
www.statutelaw.gov.uk

This includes Northern Ireland Statutes
E.g. Disability Discrimination (Northern Ireland) Order 2006

An important feature of the database is that it includes many amendments to older legsialtion within the text.
For example, if you look at article 5 of the
Treatment of Offenders (Northern Ireland) Order 1976,
the version you'll see is the version as amended by subsequent legislation passed in 1978 and 1989.
The amendments are clearly noted in the footnotes and highlighted in the body of the text.

The electronic Irish Statute Book (www.irishstatutebook.ie) doesn't currently include this facility but it may come in a future version.

At least the electronic Chronological Tables, which include references to amendments up to 2004, are available:
www.irishstatutebook.ie/isbc_toc.html

Extract from a Help File:

"Types of Legislation on the UK's Statute Law Database (SLD):

"SLD is the official revised edition of the statute book for the UK in electronic form. When we use the term "statute book" in the context of SLD, we mean, broadly speaking, primary legislation of a public general nature.

"Most types of primary legislation made in the UK are held on SLD in revised form. Other primary legislation and secondary legislation from 1991 onwards is held on SLD only in unrevised ('as enacted') form.

"For pre-1991 legislation held and revised on SLD, the earliest version is the revised text as it stood at 1 February 1991 (the basedate). Legislation wholly repealed before the basedate is not carried.

"SLD has now incorporated the revised primary legislation of Northern Ireland previously published in The Northern Ireland Statutes Revised and its supplements. As the historical versioning of the Northern Ireland statutes will date only from 1 January 2006 (the Northern Ireland basedate), the unrevised ("as enacted") versions of these statutes enacted from 1991 to the end of 2005 will continue to be retained on SLD.

"We are still in the process of loading the unrevised legislation mentioned above onto the new SLD system. For information about the progress of this exercise, see New Legislation.

"Details of the legislation held on SLD are as follows:

Primary Legislation (Revised)
Primary Legislation (Unrevised)
Secondary Legislation "

Same-Sex Marriage High Court Case

2006-12-15T10:52:00.000Z

The full text of yesterday's decision on same-sex marriage is available at two sites:

Zappone and Gilligan v Revenue Commssioners
High Court, Dunne J., 14 December 2006

PDF version on Irish Times site: www.ireland.com/newspaper/special/2006/lesbianmarriageruling/index.pdf

Word Version on KALCase site:
www.kalcase.org

In summary, on the constitutional ground, Dunne J. said that marriage meant marriage between a man and a woman, citing cases such as Murray v Ireland [1985] I.R. 532 (see Zappone case, pp. 120 on).
On the European Convention on Human Rights ground, Dunne J. relied heavily on
Wilkinson v Kitzinger [2006] EWHC 2022 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2006/2022.html
(see Zappone case pp.130 on)

Sample News Story from RTE News Website:
www.rte.ie/news/2006/1214/gay.html :

Lesbian couple lose marriage recognition case
14 December 2006 22:00

A lesbian couple have lost their attempt in the High Court to have their Canadian marriage recognised in Ireland. Dr Katherine Zappone, a public policy consultant, and Dr Ann Louise Gilligan, an academic, were married in Canada in 2003. They argued that the failure to recognise their marriage breached their rights under the Irish Constitution, the European Convention on Human Rights, and the European Charter of fundamental freedom.

But today in the High Court Ms Justice Elizabeth Dunne rejected their argument. She said she could not agree with their argument that marriage under the Irish Constitution includes same-sex marriage. She also said that the position in the Constitution on marriage was not incompatible with the European Convention on Human Rights.

Dr Gilligan said she and her partner were grateful for the way their case had been handled.

Labour proposes civil union recognition

Meanwhile, the Labour Party has tabled a bill that would allow for the recognition of civil unions. The bill seeks to create a legal relationship equivalent to marriage for same-sex couples. According to Labour spokesman Brendan Howlin, the proposal does not contravene the Constitutional provision protecting the institution of marriage.

Audio and Video

News At One: Donncha O'Connell,
Dean of the Faculty of Law at NUI Galway, says that it was a comprehensive
judgement against the women
News At One: Dr Katherine Zappone,
who married Dr Ann Louise Gilligan in Canada in 2003, comments on the ruling not
to allow the Irish State recognise their marriage
One News: Bethan Kilfoil reports
from the High Court on the rejection of a lesbian couple's landmark legal
attempt to have their Canadian marriage recognised in Ireland
Nine News: Bethan Kilfoil reports
on the decision by the High Court not to allow the state recognise the marriage
of Dr Katherine Zappone and Dr Ann Louise Gilligan
Six One News: Bethan Kilfoil
reports on the decision by the High Court not to allow the state recognise the
marriage of Dr Katherine Zappone and Dr Ann Louise Gilligan

Competition Authority Report on Legal Professions 2006

2006-12-14T09:24:00.000Z

Kieron Wood has written a useful summary of this week's Competition Authority report on the legal professions at
http://irishbarrister.com/competition.html

The full report is available at
www.tca.ie/controls/getimage.ashx?image_id=1627

Sample News Story:
www.rte.ie/news/2006/1211/legal.html

Law Society's Preliminary Response (transcript of Morning Ireland interview with Ken Murphy):
http://tinyurl.com/ynyca9

Bar Council Response:
www.lawlibrary.ie/viewdoc.asp?DocID=796

Adoption Case in Supreme Court

2006-11-13T21:57:00.000Z

The Supreme Court ruling in the "Baby Ann" Adoption Case is now available at
http://tinyurl.com/y2jubh
(This links to the judgment of Murray C.J. There are links at the the top of the page to the other judgments.)

[Update 20 November 2006:
The case is now also available on BAILII at
http://www.bailii.org/ie/cases/IESC/2006/S60.html ]

Sample News Story from RTE website:

Birth parents get custody of 'Baby Ann
http://www.rte.ie/news/2006/1113/babyann.html

13 November 2006 20:03
The Supreme Court has ruled that a two-year-old girl must be returned to the custody of her birth parents.
'Baby Ann' was offered up for adoption by her parents who were at the time unmarried. They later married and during the adoption process withdrew their consent to adoption.
The High Court had earlier ruled that the baby must remain in the custody of her would-be adoptive parents.
However, she will now be returned to her birth parents after the Supreme Court decides on a transfer process.
The interests of the child dictate that the matter must be dealt with as soon as possible, according to Chief Justice Murray's judgment.
The Supreme Court is likely to consider the custodial transfer next week at the latest.
The co-ordinator of the Irish Foster Care Association, Pat Whelan, said the child at the centre of this case will have formed bonds with the foster carers and breaking those bonds could do untold damage. Speaking on RTÉ Radio's News At One, she said she feels the child is the loser in the case today.

http://www.rte.ie/news/2006/1113/babyann.html

Balance in the Criminal Law Review Group

2006-11-07T23:43:00.000Z

From http://www.justice.ie :

Request for Submissions

Following a speech made in Limerick on 20 October 2006 on rebalancing criminal justice, the Tánaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, T.D. has set up a review group entitled the Balance in the Criminal Law Review Group to consider the following issues
- the right to silence
- allowing character evidence of an accused
- the exclusionary rule of evidence
- requiring the accused to outline the nature of his defence before or at the commencement of a trial
- re-opening new evidence
- nullifying an acquittal where there is evidence of jury or witness tampering
- "with prejudice" appeals in the case of wrongful acquittal
- extending alibi evidence rules to other analogous situations
- allowing submissions by the prosecution before sentencing
- modifying the rule in relation to hearsay evidence

The Review Group will be chaired by Dr. Gerard Hogan, S.C., Law School, Trinity College, Dublin. The Tánaiste has asked the Review Group to report back by 1 March 2007. A copy of the Tánaiste's speech and details of the membership of the Review Group and its full terms of reference are available on the website of the Department of Justice, Equality and Law Reform at http://www.justice.ie.

In order to assist the group in its deliberations,written submissions on the main issues set out in the terms of reference are invited from interested parties and bodies and from members of the general public. Submissions should be made in writing only to

Balance in the Criminal Law Review Group,
Department of Justice, Equality and Law Reform,
Floor 3 Montague Court,
Montague Street,
Dublin 2.

Written submissions may be also made electronically to lawreview@justice.ie.
The closing date for receipt of submissions is 5.30 p.m. Friday 5 January 2007.
Because of the tight deadline for submission of the Report of the Review Group, viz. 1 March 2007, it should be noted that the deadline for written submissions must be strictly observed and the Review Group will not be in a position to extend the closing date for submissions.

Appointment of Family Law Reporter

2006-10-10T21:11:00.000Z

Press Release
Courts Service Website - www.courts.ie
Date: 5 October 2006

Appointment of Family Law Reporter

Four Courts Dublin Thursday October 5th 2006: The Courts Service appoints a family law reporter to record and produce reports on family law proceedings for distribution to the media and the public.

The Courts Service has appointed a family law recorder on a one year pilot basis. The project will record and create reports of family law proceedings for the first time; will gather, assess and present meaningful statistics on family law matters before the courts; and will assemble and distribute information regarding the family law process and courts. Following public advertisements, proposals for provision of the service went through an evaluation process.

The Family Law Reporter

The evaluation committee recommended that Dr. Carol Coulter be awarded thec ontract. Dr. Coulter has now accepted the contract and will commence the pilot project in mid-October. Dr Coulter - BA (Mod) TCD, PhD, TCD and Dip Legal Studies, DIT - has worked for the past 20 years for The Irish Times and has worked as its Legal Affairs Correspondent for the last seven years, writing extensively on family law matters. In 2001 she was awarded the Law Society's Justice Media Award in print journalism for writing on family law, and in 1990 she won National Media Award for campaigning journalism for her coverage of the Birmingham Six and Guildford Four miscarriages of justice. She has also written a number of books and essays on cultural and social issues, and edited the Undercurrents Series of pamphlets on current issues for Cork University Press. She is married and has one son.D r. Coulter will work exclusively with the Courts Service and will be on leave of absence from her duties as Legal Affairs Correspondent with The Irish Times.

Background to Project

In 2000 the Courts Service decided to implement a pilot project to provide information for judges, legal practitioners, researchers, the media and the public on family law proceedings. Legal advice at the time strongly suggested that without enabling legislation the service should not proceed with the project. Enabling legislation has been enacted by way of the Civil Liability and Courts Act 2004. This Act allows for the reporting and the dissemination of information on family law proceedings subject to very strict conditions to protect the identity of individuals involved in family law litigation. The Courts Service, following a recommendation from the Family Law Court Development Committee, decided to recommence the pilot project -reportings ervice on a pilot basis for a 12 month initial period.

The Work of the Family Law Reporter

The pilot project will concentrate on identifying how information on thework of the Family Law Courts can be best disseminated to the Judiciary, the wider legal community, the media and the general public. This will involve:

reporting significant judgments and decisions of the High, Circuit and District Family Law Courts.
the compilation of statistical information relating to the work of theFamily Law Courts.
the drafting and distribution of family law information for publication for use to inform the general public.

Quotes

Welcoming the appointment of the Family Law Reporter the Chief Executive Officer of the Courts Service Mr. P.J. Fitzpatrick said, "this appointment is very welcome not only because it will aid the Courts Service inf ulfilling our mandate of providing information on the courts system to the public, but it will also open up a much debated area of the work of the courts through balanced reporting - whilst maintaining the privacy of those involved in Family Law Proceedings".
"I welcome Carol Coulter to the position, as she is an experienced legal affairs reporter and a person who has shown the balance and work ethic needed for such a position to develop and deliver the information on the area of family law, so much sought by the media and the public".

Adoption Case full text now available

2006-10-10T21:02:00.000Z

The full text of the adoption case mentioned before is now available at
http://tinyurl.com/gfvgh

The full title is as follows:
In Re "Ann", an Infant: N. v. H.S.E., G. and An Bord Uchtala
[2006] IEHC 278
High Court, MacMenamin J., 15 September 2006

A reminder of news coverage:

Landmark ruling gives custody to adopters
http://www.ireland.com/newspaper/front/2006/0916/1158271610287.html

High Court turns down adoption application
http://www.rte.ie/news/2006/0915/adoption.html

Couple lose daughter in tug-of-love ruling
http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1689505&issue_id=14654

New Irish Law Update available

2006-09-25T12:22:00.000Z

Irish Law Update No. 28 is now available at
www.ucc.ie/law/irishlaw/updates/no28_25sep2006.shtml

There are two subsections in this issue:
1) IRLII Cases now Classifed by Subject
See this post.

2) Forthcoming Events
See the listings at www.irishlaw.org/events/

IRLII Cases now Classified by Subject

2006-09-25T12:16:00.000Z

After pioneering the online availability of Irish legal materials, through its involvement with BAILII and IRLII, the Faculty of Law in University College Cork has developed a further service for those who wish to keep abreast of legal developments in Ireland.
All judgments added to the IRLII index of cases since July 2005 are now allocated to subject areas and assigned with keywords. This enables users to quickly scan through recent cases for issues that interest them and researchers can instantly view cases which relate to any given subject area. The project director, Professor John Mee, hopes that this initiative will result in easier accessibility of decided cases in Ireland and a greater understanding of legal issues generally.
The IRLII index of cases is accessible at http://www.index.irlii.org.
A RSS feed of recent cases is also available at http://www.ucc.ie/law/irlii/rss/irliiindex.xml.

Recent Adoption Case

2006-09-17T14:27:00.000Z

The first five pages of the judgment in the recent adoption case are available on a free section of the Irish Times site:

In Re "Ann", an Infant: N. v. H.S.E., G. and An Bord Uchtala,
High Court, MacMenamin J., 15 September 2006:
http://www.ireland.com/newspaper/special/2006/adoption_judgment/index.pdf

Sample news coverage:

Landmark ruling gives custody to adopters
http://www.ireland.com/newspaper/front/2006/0916/1158271610287.html

High Court turns down adoption application
http://www.rte.ie/news/2006/0915/adoption.html

Couple lose daughter in tug-of-love ruling
http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1689505&issue_id=14654

There's nothing yet on the official courts service website:
http://www.courts.ie/judgments.nsf/HomePage?OpenForm

Maybe a proper version will appear there in the next few days.

[Update added 10 October 2006: The full judgment is now available at
www.tinyurl.com/gfvgh/ ]

Dean Lyons report

2006-09-04T21:01:00.000Z

The full text of the Dean Lyons report is available at http://www.tinyurl.com/klg9p

Here's the Press Release:
1 September 2006

Minister McDowell publishes Dean Lyons Case Report

The Minister for Justice, Equality and Law Reform, Mr Michael McDowell, T.D., today published the Report of the Commission of Investigation into the Dean Lyons case. The Commission was established by Government Order on 7 February 2006 and its sole member was Mr George Birmingham SC.

For the first time the Report offers a thorough independent analysis of the facts surrounding the false confession made by Dean Lyons based on the evidence of all relevant witnesses. It concludes that there was no deliberate attempt made to undermine the rights of Dean Lyons. Instead, inappropriate leading questions were inadvertently asked of him by interviewing Gardai - a failure which in turn equipped him with the information to maintain a credible (albeit false) confession. He maintained this position for over a month - not alone to Gardai but also to a wide variety of other persons including his legal advisers.

With the benefit of independent experts, the Report concludes that Dean Lyon's confessions were attributable to prior existing vulnerabilities within his personality which were compounded by his heroin addiction. The Report states that some of those same Gardai who interviewed him openly expressed scepticism as to his credibility at case conferences but these doubts were never conveyed to the DPP as they should have been prior to the latter's initial decision to direct charges.

In the Commission's view, the Garda written records of some of the interviews with Dean Lyons were incomplete, potentially misleading and could have led to a miscarriage of justice.
Finally, the decision of the original investigation team, three months after their original recommendation, to recommend to the DPP that the existing charge of murder against Dean Lyons should proceed and that an additional charge should be laid in respect of the second fatality is described by the Commission as "difficult to understand and even harder to justify". This comment was made in the light of the fact that at the time Assistant Commissioner McHugh was in the process of conducting an analysis of the various admissions on behalf of the Commissioner - an analysis which ultimately contributed to the DPP's decision to drop the charges.

Publishing the Report Minister McDowell said, "I hope this Report will be of some comfort to those whose lives have been so deeply afflicted by this tragedy - in particular the family of Dean Lyons and the families of the murder victims.
I am sending a copy of the Report to the Garda Commissioner for his consideration. I am also sending a copy to the Expert Group which I established in the light of concerns arising from the Dean Lyons case. The Group will be reporting to me, I expect before the end of the year, on the adequacy of Garda training, protocols, regulations and procedures, in assessing the fitness of persons to be interviewed and on the recording of any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self - incriminating statements. I have already stated publicly that I will publish their report."

The Report is the first of its kind to be published following the establishment of a new style Commission of Investigation - a system which was intended to enhance in a significant way the State's ability to conduct formal independent inquiries in a cost effective and timely manner. The Commission's work was completed in less than six months at a cost of less than €1 million.

"I am pleased to note that the provisions of the Commissions of Investigation Act 2004 which I availed of in this case have ensured a timely and cost effective investigation without in any way compromising or encroaching on its proper conduct. I am indebted to Mr Birmingham and his legal and administrative personnel for the thorough manner in which they performed this most difficult and sensitive of tasks", the Minister said.

The Report is available on the Department's website, www.justice.ie.

1 September 2006

Note for Editors

The Expert Group comprises ex Asst Commissioner Tony Hickey, Mr Charles Smith ex Director of the Central Mental Hospital, Mr David Gormally of the DPP's Office and Ms Vera Kelly, Principal Officer, Dept of Arts, Culture and the Gaeltacht.

Report of Inspector of Prisons 2005

2006-08-27T10:28:00.001Z

The report of the Inspector of Prisons, Dermot Kinlen, for 2005 is available at http://www.justice.ie/en/JELR/4thAnnRpt.pdf/Files/4thAnnRpt.pdf

Extract from pages 28-32:

"10. Establishment of an independent Inspector of Prisons.

"The Government has told the CPT in Strasbourg three times and in its Programme for Government it repeated, that it would make statutory provision for an independent prisons Inspector. I was told that I would be made statutory and that I would contribute to the draft Bill. I have asked in all my three annual reports published that the Government do as it promised. Now it emerges that the Minister has ‘other priorities’. This is outrageous and practically unbelievable.

In my reports I have submitted several drafts of Bills. Some Bills need only be about two to three sections, which could be added to one of the Minister’s many Bills. The Opposition in western Australia pushed through a strong Act giving their Inspector great independence. In fact it makes it a criminal offence to obstruct the independent Inspector. West Australia, England, Scotland and Northern Ireland all have statutory Inspectors. In Spain there are full-time judges independently and continuously visiting prisons as well as a strong inspectorate. A famous Minister for Justice, with much the same background as the current Minister, said, “prisoners have no rights.” That ethos seems to be omni present. The Minister has purported to alter unilaterally my contract by prison rules. I have made it clear that it is totally inappropriate to deal with the Inspector’s office by prison rules. The Inspector had reasonable expectation, (as had Strasbourg (CPT) and the people of Ireland had from the Programme for Government) that the Inspector would be independent and statutory. At the moment the Inspector is neither. He has made it clear that he does not accept the so called rules. They are not binding on the Inspector. He is not a party to them. He will not comply with them. He is determined to be totally independent. (Since writing this paragraph I have been informed by a senior Civil Servant that the section dealing with prisons inspectorate has been removed from the proposed new Prison Rules.) However the purported rules are still on the department's internet.

"In the Irish Times 14th January, 2006 there is a long article by Conor Lally about the new Garda Ombudsman Commission which should begin operating next year. Three persons were appointed and the three people will be formalised to their positions by the Oireachtas before formal approval by the President. "The commission's independent status meant it would decide on all aspects of its own work. It would decide on staffing levels, how it was to investigate complaints and it would be responsible for the hiring of staff and selecting of permanent office. Mr. Joe Costello, TD, Labour spokesman on Justice said, 'It was incredible that nearly a full year had been set aside preparing the ombudsman commission.' Fine Gael's justice spokesman Mr. Jim O’Keeffee, TD, said, 'he was surprised and disappointed by the delay. It requires a full explanation from the Minister for Justice.' The ombudsman commission will have the power to conduct its own investigations. On the 24th April 2006 the 4th anniversary of his appointment the Minister had the gal to write confirming it was part of his legislative plans to make the Inspectorate statutory but even now no date is given.

"The promised Inspector of prisons has been there since it was first mooted by Dr. Whitaker over twenty years ago. It is quite clear that the Minister, the Government and the Department had no intention of establishing a statutory inspectorate. If public opinion forced them so to do, then they would do their best to ensure that the Inspector does not have the powers to fulfil the requirements of the office. Not merely are they denying human rights to prisoners and prison staff, they are also breaking their own law. Human Rights Commission has expressed concern as has the Commissioner of Freedom for Information about the way their respective briefs are being handled. In Northern Ireland there is an ombudsman dealing with prisoners complaints. There is none in the Republic. There is also an Inspector who has a huge remit with ten inspectors, which includes the three prisons in Northern Ireland and gets assistance from the English Inspector and her team when they do a prison inspection. There are supposed to be similar sanctions in Northern Ireland and in the Republic. The North of Ireland has an ombudsman for prisoners and has totally independent inspectors covering a great deal of territory, not just prisons. However, in the Republic neither of these offices do exist nor is there a will for them to exist. It seems at first look that there may well be a case of denying human rights and also there may be a breach of the Belfast Agreement.

"Why are things so good in Northern Ireland and why is everything so retrograde in the Republic? Surely, we should have inspectors who are more independent investigating everything like my counterpart in Belfast. Surely, the Belfast Agreement should be honoured by the Irish Government. It is with great sadness I am writing this report. I think it is fair to ask, what are the Minister and his Department hiding? Of what are they afraid? Actually, I believe they have nothing to fear if they were only transparent, efficient and open. I urge the Minister,

to implement the promises made and establish the inspectorate as totally independent or else abolish it since it is only a facade;
the Government must decide whether to follow the English and American tradition of building more and more prisons, or follow the Nordic countries who have alternatives to prison run in competition with prisons.
The probation service should be totally independent of the prison service and in competition with it;
get a business consultant to report on the continuous growth of the Prison Service structures and the Justice’s Department staff. Is the taxpayer getting value for money? What about the Government’s policy of controlling bureaucracy. It was law since 2002 that Civil Service staffing levels be capped but it is now a rather sick and expensive joke?
provide rehabilitation for prisoners and close down St. Patrick’s immediately as recommended over twenty years ago in the Whitaker Report. Set up an ombudsman for prisoners and an independent prisons inspectorate using statutes applicable to Northern Ireland at least.

"The present attitude is frightening and fascist."

[Edit April 2008 - For those researching reports of the Inspector of Prisons note that the reports are available as follows:

Fifth Annual Report of the Inspector of Prisons for the Year 2006-2007
www.justice.ie/en/JELR/Pages/5th_Inspector_of%20_Prisons_Rpt

Fourth Annual Report of the Inspector of Prisons 2005-2006
www.justice.ie/en/JELR/4thAnnRpt.pdf/Files/4thAnnRpt.pdf

Third Annual Report by the Inspector of Prisons for the Year 2004-2005
www.justice.ie/en/JELR/ThirdAnnualRpt.pdf/Files/ThirdAnnualRpt.pdf

Second Annual Report by the Inspector of Prisons for the Year 2003-2004
www.justice.ie/en/JELR/AnnualRpt2.pdf/Files/AnnualRpt2.pdf

First Annual Report by the Inspector of Prisons for the Year 2002-2003
www.justice.ie/en/JELR/1stannreport.pdf/Files/1stannreport.pdf

See also the listings at
www.irlgov.ie/crimecouncil/research_pri.html ]

Details of Consumer Bill annouced

2006-08-24T11:03:00.000Z

Details of Major New Consumer Bill Announced
New protections for consumers and overhaul of structures marks biggest reform in 30 years Micheál Martin, TD, Minister for Enterprise, Trade & Employment

Thursday 24 August 2006

http://www.entemp.ie/press/2006/20060824.htm

Extract:

False Claims about Goods or Services

It is a misleading commercial practice under the Directive to give information that is false or in any way deceptive about a good or service where this affects consumer decisions. Though the matter has not been tested in the courts, it is generally accepted that false or misleading claims about property other than rental accommodation are not covered by existing Irish legislation. The new legislation will cover false or deceptive claims about houses or other property. It will also provide that misleading omissions as well as actions can be unfair commercial practices where these affect consumer decisions - again this is a provision not expressly found in current legislation.

[The Directive refers to the Unfair Commercial Practices Directive (UCPD), Directive 2005/29/EC -http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pract/index_en.htm]

Environmental Law PhD Scholarship at UCC

2006-07-25T09:32:00.000Z

Environmental Law PhD Scholarship

http://www.ucc.ie/en/lawsite/postgrad/schol_fund/

The Faculty of Law, University College Cork has been awarded funding under the Environmental Protection Agency's Doctoral Scholarship Scheme 2006 to recruit a postgraduate research student to undertake research on 'Identification of an Appropriate Legislative Regime for the Remediation of Contaminated Land in Ireland'. This studentship will cover tuition fees for a three year period, during which the student will be expected to complete a programme of research leading to the award of Ph.D. It will also provide a bursary of €17,750 per annum and some funding to cover academic travel. Candidates must have a primary degree in law and will preferably have a postgraduate degree in law and / or experience of applied legal research. Experience of Environmental Law, particularly as applied to historical land contamination, land transactions, waste management law or regimes of civil liability for environmental damage, would be a distinct advantage.

Applications, to include a covering letter indicating your areas of research interest, list of publications, relevant experience, a full CV and details of at least two academic referees, should be sent to:

Mr. Owen McIntyre,
Department of Law,
University College Cork,
Ireland
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E-mail: o.mcintyre@ucc.ie

The closing date for applications is Friday, 1st September, 2006.

EU Artists Resale Right (or "Droit de Suite") Directive

2006-06-27T20:08:00.000Z

http://www.entemp.ie/press/2006/20060619a.htm :

Minister Michael Ahern Announces the Signing of Regulations Implementing the EU Artists Resale Right (or "Droit de Suite") Directive

Michael Ahern T.D., Minister for Trade and Commerce at the Department of Enterprise, Trade and Employment has announced the signing of Regulations transposing into Irish Law EU Directive 2001/84/EC on the resale rights of authors of original works of art. The Regulations, entitled the European Communities (Artists Resale Right) Regulations, S.I. No. 312 of 2006, came into effect on 13 June 2006.

The Regulations provide for a new right in Irish law entitling artists to payment where their art works are resold through the art trade. MinisterAhern said "The new Regulations mean that artists will share in the commercial success of their work and will be entitled to payments of up to €12,500 when individual works created by them are later resold."

"The intention had been to implement this EU Directive through an Act of theOireachtas. However, following consultation between my department and the Department of Arts, Sports and Tourism as well the Attorney General's Office, I have decided that, rather than wait for all of the more complex matters to be addressed in their entirety, a more immediate two-stage approach to this transpositon should be adopted.

"I am now taking those interim steps which are open to me in the present Regulations. The intention is to revisit some aspects, such as the exemption threshold value for eligible works and the duration of the right, in the proposed Bill. While the minimum art value threshold is being set at €3,000, for now, it is intended that this will be lowered in the primary legislation. The Directive raises some other optional issues and these can only be addressed in the proposed Bill also."

These Regulations under the European Communities Act 1972 on the mandatory provisions of the Directive will be followed, as soon as possible, with proposals on the optional and discretionary elements of the Directive being put before the Houses in the proposed Intellectual Property (Miscellaneous Provisions) Bill. The essential benefit of this is to allow for the immediate transposition of the Directive essentials."

Concluding, Minister Ahern said that he was pleased to see his Department working closely in this field with the Department of Arts Sport and Tourism. "It has been the long stated objective of Minister O'Donoghue to maximise the benefit of Artists Resale Right to Irish artists and their families."

Note for Editors
Background

Often also called "Droit de Suite", Artists Resale Right Schemes have operated in many European countries since the 1920's. After World War II the number of states providing artists droit de suite increased steadily. By the early 1990's, most EU member states had had operational schemes in place. There were, however, considerable differences in the way the right was operated in the various countries. A few countries, like Ireland, did not have schemes.
Following detailed discussions a unanimous compromise was agreed in late2 001. Transposition of the Directive was set for January 2006 for living artists. Member States were allowed a derogation for deceased artists delaying implementation until January 2010.

Across the EU, the effect of the Directive is intended therefore both to introduce the right where it does not exist and make all of the MemberStates implementations broadly similar.
The main issues which the new Regulations provide for include:-
* artists right to benefit from the resale of his/her work (Regulation 3),
* right being non-transferrable or saleable (Regulation 4),
* minimum art value threshold set, for now, at €3,000 (net of tax) (Regulation 5),
* benefit being confined, for now, to EU & EEA nationals (Regulation 6),
* establishment of a liability on the seller to pay the royalty (Regulation 7)
* artists right to information on sales (Regulation 8),
* royalty rates and bands for calculating amounts due (Regulation 9), and
* duration of resale right set, for now, at the artist's lifetime (Regulation 10)

As well as revisiting the arrangement in Regulations 5, 6 and 10, the upcoming Intellectual Property (Miscellaneous Provisions) Bill will also deal with a number of other aspects in the EU Directive including:-
* Joint liability for payment of the royalty (Article 1.3),
* reciprocation of resale rights with third countries (Article 7),
* period or 'term of protection'(Articles 6.1 and 8.2), and
* timing arrangements for any increased term of protection (Article 8.3),
The Regulations are available at
http://www.entemp.ie/science/ipr/copyrightsis.htm
The Directive is linked from
http://www.entemp.ie/science/ipr/eu-copyright.htm

For queries/further information on Artists Resale Right
John Rutledge,
Department of Enterprise, Trade and Employment
E-Mail john_rutledge@entemp.ie