Tuesday, March 14, 2017

Áine Hynes: The Assisted Decision-Making (Capacity) Act 2015 – What to Expect in Practice

Áine Hynes  -  Casey Photography 
This a summary of the presentation by Áine Hynes to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –
http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml


Ms Áine Hynes is a Partner in St. John Solicitors, Dublin.  the title of her presentation was ‘The Assisted Decision-Making (Capacity) Act 2015 – What to Expect in Practice’. 

Ms Hynes was very positive about the Act and stated that she would not be surprised if the Act was commenced before the end of this year. Ms Hynes was of the view that there is no need to panic and that there is a very clear legal structure set out in the Act.

Ms Hynes outlined some of the more significant legal changes that the Act will introduce such as the abolition of the Ward of Court system, changes to the Powers of Attorney, advance healthcare directives and the role that the Director of the Decision Support Services will have when that person is appointed and the legislation is commenced.

Áine Hynes’ slides:
http://www.ucc.ie/law/docs/mentalhealth/conferences/13.00-Aine-Hynes.pdf

[Photos by Casey Photography]

Monday, March 13, 2017

Alan Corkery: A Psychiatrist’s Perspective on the Assisted Decision-Making (Capacity) Act 2015 - Unanswered Questions

This a summary of the presentation by Alan Corkery to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –
http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml


Dr Alan Corkery is a Consultant Psychiatrist in Rehabilitation Psychiatry, North Cork Mental Health Services.  The title of his presentation was ‘A Psychiatrist’s Perspective on the Assisted Decision-Making (Capacity) Act 2015: Unanswered Questions’.

Dr Corkery spoke about the 2015 Act from the perspective of a psychiatrist. Dr Corkery stated that there are only a handful of what he referred to as historical Wards of Court in Ireland at present, all of which must be reviewed within 3 years of the legislation coming into operation. Dr Corkery was of the view that there are a lot of wards out there that have never been subject to a formal review and that it remains to be seen how many of those wards are out there that are subject to de facto wardship.
Dr Corkery also raised the issue of costs and how they can be contained. He was of the view that the Act is not clear on legal aid provisions for those who will be subject to court procedures.

Alan Corkery’s Slides:
http://www.ucc.ie/law/docs/mentalhealth/conferences/12.30-Alan-Corkery.pdf

[Photos by Casey Photography]

Sunday, March 12, 2017

Louise Loughlin: Perspective on Capacity Issues from the National Advocacy Service

Louise Loughlin - Casey Photography 
This a summary of the presentation by Louise Loughlin to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –

http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml

Louise Loughlin is National Manager at the National Advocacy Service for People with Disabilities.  The title of her presentation was ‘Perspective on Capacity Issues from the National Advocacy Service’.
Ms Loughlin spoke about how the individual can get lost in the process. Ms Loughlin was of the view that Ireland requires a cultural shift towards supporting decision-making and that there may in certain circumstances be a role for advocacy services to operate as decision-making assistants. Ms Loughlin raised the important point as to who is going to ensure that the voice of the individual is actually heard?

Louise Loughlin’s Slides:  
http://www.ucc.ie/law/docs/mentalhealth/conferences/11.30-Louise-Loughlin.pdf

Video of Louise Loughlin’s Presentation

[Photos by Casey Photography]


Saturday, March 11, 2017

Mary Donnelly on Policy and Principles in the Assisted Decision-Making (Capacity) Act 2015


Mary Donnelly - Casey Photography 
This a summary of the presentation by Mary Donnelly to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –

http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml

Mary Donnelly is a Professor at the School of Law, University College Cork.  The title of her presentation was ‘Policy and Principles in the Assisted Decision-Making (Capacity) Act 2015’.

Professor Donnelly highlighted some of the policy issues and principles contained in the 2015 Act. She stated that she had some very serious concerns about resources and how we are going to face the challenge of giving this Act effect in reality.
Professor Donnelly spoke about the fact that there will be many stumbling blocks along the way but that yet there is also a lot of potential in the Act.
In referring to some of the principles of the Act, Professor Donnelly spoke about the looseness of the language contained in the Act. She asked, how are these principles going to be given effect in practice?
Professor Donnelly referred to the Act as being complex containing 146 sections. Implementation of the Act will require extensive regulations and codes of practice. Professor Donnelly was of the view that she would like to see a provision contained in the Code of Practice that would enable us to see and to know how the Act is working in practice.

Mary Donnelly’s slides:
http://www.ucc.ie/law/docs/mentalhealth/conferences/11.00-Mary-Donnelly.pdf

Video of Mary Donnelly’s Presentation

[Photos by Casey Photography]

Friday, March 10, 2017

Peter Bartlett on Implementation of Capacity Legislation

Peter Bartlett -    Casey Photography 
This a summary of the presentation by Peter Bartlett to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –

http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml

Professor Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham.  The title of his presentation was ‘Capacity Legislation and the Challenges of Implementation’.

Professor Bartlett in referring to the experience in the UK in implementing the Mental Capacity Act 2005 highlighted some of the problems that occurred, some of which may be relevant in the Irish context. The Act has not permeated into the professional population, service users, carers or the general population and is not relied upon very much despite a lot of cash resources being put into its implementation.

The Act has not integrated into the professional culture. Professor Bartlett was of the view that we may have difficulty also in Ireland getting traction for the Assisted Decision-Making (Capacity) Act 2015 and it is something that we are going to have to resource properly.

Professor Bartlett referred to the problem of scale given that capacity issues can virtually cover decisions in any setting. Associated with this problem is how it is possible to get the statute embedded into the way we think so that it becomes more than a tick box exercise. Phrases likes changing professional ethos sound great but how in practical terms is this to be achieved?

How can the Act be successfully implemented from a family perspective? It is difficult to ensure that the family as a unit can function; it is more than just about the Act, it is also about the other family members and how to ensure that those who are most vulnerable are being protected.

He discussed the flexibility of the language in the Act and how much weight should be attached to the language in the Act. he asked, how can “wishes and preferences” be accommodated? In the Irish context the Act refers to will and preferences in circumstances which are “practical”. This raises the questions as to who decides what is practical?

He raised the issue of professional colonization which in his view in the UK is largely by social workers and to some degree medics. The experience in the UK has been that if testing capacity is controversial then it is largely dealt with by professionals. The Act in the UK to a certain extent has allowed professionals to do what professionals want to do. He referred to “collegiate” decision-making where no one has personal responsibility for the decision being taken where families can be pushed aside despite the existence of best interests.

Professor Bartlett also referred to the issue of the courts and the inherent delays in the Court process and that this is not an option for poor people.

Finally, Professor Bartlett referred to the role of the relevant person in Court. The issue here is: can this person give evidence in Court and how should a Judge deal with this person?

Peter Bartlett’s slides: http://www.ucc.ie/law/docs/mentalhealth/conferences/10.10-Peter-Bartlett.pdf

Video of Peter Bartlett’s presentation.

[Photos by Casey Photography]

Thursday, March 09, 2017

Call for Papers/Panels for 2017 SLS Annual Conference at University College Dublin




Society of Legal Scholars (SLS)

Call for Papers/Panels for 2017 SLS Annual Conference at University College Dublin

The call for papers and panels for the 2017 SLS Annual Conference, to be held at University College Dublin from Tuesday 5th September – Friday 8th September, is now open.

This year's theme is ‘The Diverse Unities of Law’
Deadline for submissions:  Monday 27th March 2017.

In addition to our established subject sections, we are also running ‘trial’ sessions on Conflict of Laws and Energy Law this year, as there is interest in creating new sections in these two areas.

Further details about the call and how to respond can be found here:  http://www.slsconference.uk/call-for-papers
--
Dr. Desmond Ryan
Visiting Fellow,
Exeter College Oxford,
0X1 3DP,
United Kingdom.
desmond.ryan@law.ox.ac.uk

Monday, September 26, 2016

Events in September 2016 and after



I've updated the listings of events at www.irishlaw.org/events/.  Here's the current version:  
25 to 30 Sept. 2016:
Autumn Criminology School for Doctoral Researchers, Blackwater Castle, Castletownroche, Co. Cork 

Mon. 26 Sept. 2016:
Financial Action Task Force workshop, UCD Sutherland School of Law, Dublin 

Tue. 27 Sept. 2016: 
Brexiting and Rights seminar, Discussion seminar on the human rights and equality implications of the EU referendum, The MAC Belfast, Metropolitan Arts Centre, 10 Exchange St, Belfast  

Wed. 28-Sep-2016 02:00 PM:  
Criminal Law Update - Criminal Law update 
Law Society Professional Training in partnership with the Criminal Law Committee, Law Society of Ireland 

Thu. 29-Sep-2016 02:00 PM:  
Employment Law Update 2016 - Law Society Professional Training, Law Society of Ireland 

Thu. 29 Sep. 2016:
Implementing the New EU Data Protection Regulation - Dublin 

29-Sep-2016 to 30-Sep-2016 
Connaught Solicitors' Symposium 2016 - Law Society Skillnet, Breaffy House Hotel, Castlebar, Mayo 

Fri. 30 Sep. 2016:
ICEL EPA Environmental Law Conference 2016, Dublin 

30-Sep-2016 to 15-Oct-2016 
The Fundamentals of District Court Civil Procedure, Drafting and Advocacy Skills - 30 September & 1 October and 14 & 15 October 2016
Time Fridays: 2.30pm – 6.30pm
Saturdays: 9.30am-4.30pm (light lunch included), Law Society of Ireland 

Sat. 1 Oct. 2016:
The Workplace Relations Act 2015 - One Year On, UCD Sutherland School of Law, in conjunction with the Employment Law Association of Ireland (ELAI), Dublin 

Wed. 05-Oct-2016 12:30 PM  
Challenges for the Rule of Law in the 21st Century. John Larkin QC, Attorney General for Northern Ireland - Ulster University, Transitional Justice Institute, Seminar, Belfast 

5 Oct. 2016:
The Annual Walsh lecture - Mr Justice Niall Fennelly, UCD, Dublin 

Thu. 6 Oct. 2016:
NWCI Members and Friends Meeting - Women’s Rights and CEDAW, Dublin  

Thu. 06-Oct-2016 02:00 PM  
Annual Litigation Update 2016 - Law Society Professional Training in partnership with the Litigation Committee, Law Society of Ireland 

Fri. 7 Oct. 2016: 
Cybercrime - ACJRD Annual Conference, Dublin

Sat. 08-Oct-2016 10:00 AM 
Annual Human Rights Conference 2016 - Law Society Professional Training, Law Society of Ireland 

Wed. 12-Oct-2016 02:00 PM  
Work/Life Balance – Managing Clients, Mastering Time and Dealing With Stress - Law Society Professional Training, Law Society of Ireland 

Thu. 13-Oct-2016 04:00 PM  
International response to Terrorism: Local Effects - This talk is presented by Law Society Professional Training in partnership with the EU and International Affairs Committee, Law Society of Ireland 

Wed. 19-Oct-2016 12:30 PM  
Dealing with the Past in Northern Ireland: the Victims' Perspective - Ulster University, Transitional Justice Institute, Seminar Series, Jordanstown campus 

19 to 21 Oct. 2016:
Litigating for Social Change - 3-day conference organised by Law Centre (NI), Social Change Initiative and The Atlantic Philanthropies, Belfast 

Thu. 20 Oct. 2016:
ICEL Human Rights Law Conference 2016, Dublin 

Thu. 20 Oct. 2016:
Annual Property Law Conference 2016 - Law Society, Dublin 

Fri. 21 Oct. 2016:
The Rt Hon. the Baroness Hale of Richmond DBE, Deputy President, UK Supreme Court, will speak about social justice and human rights at the Law Centre NI's Social Justice lecture 2016, Belfast 

Fri. 21 Oct. 2016:
Probate Practice - A Practical Guide to Recent Developments - Dublin

21-23 Oct. 2016:
Sports and the Law, Society of Young Solicitors, Limerick

Tue. 25-Oct-2016 10:00 AM 
Training the Next Generation of Solicitors - Law Society Finuas Network, Law Society of Ireland 

Thu. 27-Oct-2016 10:00 AM 
Delegation and Performance Management October - Law Society Finuas Network, Law Society of Ireland 

Fri. 28 Oct. 2016:
Blockchain and Sustainable Communities: Potential and Pitfalls, co-organised by NUI Galway School of Law, FEASTA, and Cultivate, in partnership with Cloughjordan Ecovillage, and funded by the Irish Research Council.
Cloughjordan, Co. Tipperary.  

Mon. 30 Oct. 2016:
Advancing Children's Rights through the Criminal Law (Sexual Offences) Bill, Children's Rights Alliance, Dublin

Thu. 3 Nov. 2016:
Adjudication Advocacy Course, UCD Sutherland School of Law 

Thu. 03-Nov-2016 01:30 PM  
Caring and the Law - Solicitors for the Elderly - Law Society Professional Training, Law Society of Ireland - Green Hall 

10 Nov. 2016: 
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Dublin

Thu. 10-Nov-2016 10:00 AM 
Annual In-house and Public Sector Conference - Leadership in Changing Times – Opportunities and
Challenges facing the In-house Solicitor. Law Society Professional Training in partnership with the In-house and Public Sector Committee, Law Society of Ireland 

11-Nov-2016 to 04-Feb-2017:   
Property Transactions Master Classes - Session one will take place on Friday 11 November 2016 and on Saturday 12 November 2016.
Session two will take place on Friday 20 January 2017 and on Saturday 21 January 2017.
Session three will take place on Friday 3 February 2017 and on Saturday 4 February 2017.
Law Society of Ireland 

Tue. 15-Nov-2016 10:00 AM 
Delegation and Performance Management November - Law Society Finuas Network, Law Society of Ireland 

18-20 Nov. 2016: 
Annual Conference of Irish Association of Law Teachers, Waterford.  

Fri. 18-Nov-2016 10:00 AM 
Practitioner Update Cork 2016 - Law Society Skillnet, Kingsley Hotel, Victoria Cross, Cork 

Fri. 18-Nov-2016 09:30 AM  
Business Law 2017 - Business Law Committee in partnership with Law Society Professional Training, Law Society of Ireland 

Tue. 22-Nov-2016 10:00 AM 
Delegation and Performance Management - Cork - To equip practitioners with the skills and confidence to delegate effectively and tackle under performance., Kingsley Hotel, Cork 

Thu. 24-Nov-2016 06:00 PM 
Networking Skills - How to get clients and keep them - Law Society of Ireland, Law Society of Ireland - Green Hall 

25 to 26 Nov. 2016:
Law and the Idea of Liberty in Ireland: From Magna Carta to the Present, Irish Legal History Society, Music Room, Christ Church Cathedral, Dublin 

Fri. 25 Nov. 2016:
ICEL IP Conference 2016: Trademarks, patents and designs, Dublin

25 Nov. 2016:
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Galway 

Fri. 25-Nov-2016 02:00 PM 21-Jan-2017 
The Fundamentals of Technology and Intellectual Property Law - Law Society Finuas Network, Law Society of Ireland 

Wed. 30-Nov-2016 12:30 PM  
Unfinished Peace. Brian Rowan, journalist and author. - Ulster University, TJI/IRiSS Seminar, Belfast 

30 Nov. 2016:
Distinguished Guest Lecture in Employment Law, UCD Sutherland School of Law

7 Dec. 2016: 
A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights, Irish Centre for European Law, Cork

Wed. 07-Dec-2016 12:30 PM  
The Role of the Ombudsman's Office - Achievement and Challenges - Ulster University, Transitional Justice Institute, Seminar Series, Belfast 


2017:

5-7 April 2017:
Socio-Legal Studies Association conference, Newcastle

10-11 April 2017:
Association of Law Teachers' Annual Conference 2017: Foundations and Futures, Portsmouth, England

4-7 June 2017:
World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork - Venue: Convention Centre, Dublin 
Details at http://www.wcflcr2017.com   

8 to 10 June 2017:
British and Irish Association of Law Librarians Annual Conference, Manchester, England

Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Certificate in Professional Education; Diploma in Alternative Dispute Resolution;
Certificate in Conveyancing; Diploma in Law; Diploma in Education Law;
Diploma in Healthcare Law; Diploma in Judicial Skills and Decision-Making;
Certificate in Pensions Law and Practice; Diploma in Sports Law;
Diploma in Trust & Estate Planning (STEP);
Certificate in Practice Development; Certificate in Decision-Making Capacity and Support
Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills (new); Certificate in Aviation Leasing and Finance
Certificate in Advanced Negotiation; Certificate in Charity Law, Trusteeship and Governance
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law; Diploma in Aviation Leasing and Finance
Diploma in Commercial Property; Diploma in Employment Law
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Diploma in Legal Decision-Making Skills

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