Thursday, December 09, 2004

Vacancy - Research Assistant, Cork

Faculty of Law
University College Cork

Research Assistant

The Faculty of Law seeks applications for the post of Research Assistant to work on a six-month research project, entitled "Consumers in the ElectronicMarketplace: an examination of information based consumer protection in thecontext of distance selling over the Internet."
This research is funded by the Irish Research Council for the Humanities and Social Sciences. Applicants are required to have studied law, preferably to Masters level. Successful applicants will work as part of a research team, with primaryresponsibility for the collection and analysis of empirical data. The post is available from February 2005.
Salary scale €27,261 - €34,015 p.a.
Application by way of CV, including the names of 2 referees, should be sent by post or e-mail to: Fidelma White, Faculty of Law, University College Cork, Ireland, or
Applications must be received no later than 22nd December 2004 and interviews may be arranged.

Thursday, October 21, 2004

Events Page Updated

I have added a number of new events to the IrishLaw Events page at

These include:

Wed.27 Oct.'04: Implementing the New Data Protection Act: Practical
Implementation Day - Dublin

Thu.28 Oct.'04: Data Protection in Ireland: Strategic, Legal and Compliance
Day - Dublin

Sat.30 Oct.'04: Conference on Work/Life Balance - Irish Women Lawyers
Association - Dublin


Mon.1 Nov.'04: Five Years of BAILII - London

Tue. 2 Nov.'04: What Can the Law Do About Spam? - Dublin

Wed.-Fri. 3-5 Nov.'04: Annual Conference of Irish Association for the Study
of Delinquency - Cavan

Wed.3 Nov.'04: Sleepwalking into the Surveillance Society: CCTV Regulation
in Britain and Ireland - Belfast

Thu.4 Nov.04: Public Procurement Law - Dublin

Tue.9 Nov.'04: Employment Law: Recent Developments - Law Faculty,
University College Cork

Fri. 12 Nov.'04: Judge Costa, Vice-President of European Court of Human
Rights - Brian Walsh Memorial Lecture - Irish Society for European Law,

Wed.17 Nov.'04: The New Independent Garda Complaints Procedure: An Exercise
in Appearance over Substance - Belfast

Sat.20 Nov.'04: The Civil Liability and Courts Act 2004: Practical
Implications for Personal Injuries Litigation - Dublin

Sat.20 Nov.'04: Law Society CPD Conference - Dublin

Wed.24 Nov.04: Gender, The Acquis and Beyond: Gender in the Accession
Process of the EU - Belfast

Fri.26 Nov.'04: The Civil Liability and Courts Act - Dublin

Sat.27 Nov.04: New Developments in Probate and Succession: Implications
for Legal Practitioners - Dublin


Wed. 1 Dec.'04: From the Streets to the Prison Cell and Back Again:
Homeless Offenders and the Criminal Justice System - Belfast

Thu. 2 Dec.'04: Protection of Minors' Succession Rights - Dublin

Thu.2 Dec.'04: The Work of the Personal Injuries Assessment Board - Dublin

Sat.4 Dec.'04: Local Authorities' New Legal Duties: Implications for
Practice - Dublin

Wed.8 Dec.'04: Age Discrimination and Children's Rights: (II) Legitimate
Differentiation? - Belfast



Mon. 24 Jan.'05 (to be confirmed): The Supreme Court and Article 29's
"necessitated" formula - is it necessary any longer or needed more than ever
(thoughts on the implementation on EU Law in Ireland) - Dublin

Thu.27 Jan.'05: Medico-Legal Society Presidential Address - Dr Sheila
Willis, Director of the Forensic Science Laboratory - Dublin


Feb. 2005 (date to be confirmed): The Battle for the Skies - A
Transatlantic Common Aviation Union takes shape - Dublin

Wed.16 Feb.'05: Regulating Reproductive Technologies and Reproducing
Fatherhood - Belfast

Thu.24 Feb.'05: Children, Medical Treatment and the Courts - Dublin

MARCH 2005

Thu.31 Mar.'05: Whither Stem Cell Research? - Dublin

APRIL 2005

Wed.-Thu. 6-7 Apr.'05: Annual Conference of British and Irish Law,
Education and Technology Association (BILETA) - Belfast

Wed.20 Apr.'05: The Law of Murder: Myth and Meaning - Belfast

JUNE 2005

Fri.-Sun.10-12 Jun.'05: Gateways, Gatekeepers and Gatecrashers - Annual
Conference of British and irish Association of Law Librarians - Harrogate


Tue.-Fri. 6-9 Sep.'05: Annual Conference of Society of Legal Scholars (SLS)
- Strathclyde, Scotland

Wednesday, October 06, 2004

Mental Health Tribunal members sought

The Mental Health Commission has advertised for Mental Health Tribunal
members and so Ireland is moving closer to implementation of the review
procedures in the Mental Health Act 2001.

Ref.BS1 - Panels of Barristers / Solicitors
Ref. CP2 - Panels of Consultant Psychiatrists
Ref. LM3 - Panels of Lay Members
Ref. TC4 - Panels of Mental Health Tribunal Clerks


Ref. CPE5 - Panels of Consultant Psychiatrists

Advertisement in PDF format:

Frequently Asked Questions about the panels being established (in Microsoft
Word format):

Information Packs and Online Application Forms:

Closing Date - Wed. 13th October 2004

Friday, September 10, 2004

Forthcoming Irish legal events

I've added a large number of events for September - November 2004 to the listings at
Some examples:
Sat.25 Sep.'04: Human Rights and Disability Discrimination - Galway
Fri.1 Oct.'04: Freedom of Information: Changing the Mindset - Dublin
Sat.2 Oct.'04: A Charter of Rights for the Island of Ireland - Law Faculty, University College Cork
Sat.16 Oct.'04: Schools, Education and the Law - Law Faculty, University College Cork
Sat.16 Oct.'04: European Convention on Human Rights Act 2003 Review and Human Rights in Committed Relationships - Dublin
Wed.27 Oct.'04: Implementing the New Data Protection Act: Practical Implementation Day - Dublin
Thu.28 Oct.'04: Data Protection in Ireland: Strategic, Legal and Compliance Day - Dublin

Wednesday, August 25, 2004

Conference on A Charter of Rights for the Island of Ireland

A major conference on A Charter of Rights for the Island of Ireland is being organised for Saturday 2 October 2004 at UCC, Cork, by my colleague Dr Ursula Kilkelly, with Professor Colin Harvey of the University of Leeds.
Details are available at

Tuesday, July 13, 2004

Project to Reform Land and Conveyancing Law

Department of Justice, Equality and Law Reform Press Release

McDowell announces major project to reform and modernise land law and conveyancing law

The Minister for Justice, Equality and Law Reform, Mr Michael McDowell, T.D., today announced details of a joint project being undertaken by his Department and the Law Reform Commission to radically reform and modernise land law and conveyancing law. The Minister made the announcement today following a meeting with Commissioner Rickard Clarke of the Law Reform Commission and Professor John Wylie who chairs the Commission's Land Law Working Group.

The project will repeal over 100 pre-1922 statutes - the earliest of which date back to the 13th century - and to replace them, where necessary, with a modern law of property that will meet the needs of the 21st century. It is intended that the project will:

* Simplify the law and improve its presentation, in order to make it easily understood and accessible for practitioners and the public alike.
* Update the law to accommodate changing social, demographic and economic needs, e.g. new forms of property ownership;
* Make the conveyancing of property easier and faster with a view to reducing costs and delays.

The Minister said that the programme includes three phases:

* The screening phase, already underway, during which existing legislation will be reviewed with a view to identifying statutes which can be repealed without replacement and those which need to be replaced with modern provisions. This phase is already well underway since the start of the year and very significant progress has already been made. This phase will culminate in publication by the Law Reform Commission of a Consultation Paper in October 2004 which will embody the results of the screening process and contain parameters for future reforms.
* The second phase features a Conference on 'Modernising Irish Land and Conveyancing Law' to be held on Thursday, 25 November 2004 at the O'Reilly Hall at UCD. The Conference, which will be addressed by international guest speakers, will study the reform proposals identified in the Consultation Paper as well as the ongoing modernisation of the Land Registry and preparations for e-conveyancing.. It will be open to all those with an interest in the reform of conveyancing and land law.
* The third phase will involve the drafting of a Bill (or Bills) to give effect to the proposals for reform. It is intended that drafts of the new legislation will be available as early as August 2005.

The Minister said that reform of the law in this area would represent a major contribution to the Government's Programme of Regulatory Reform as outlined in this year's White Paper 'Regulating Better' and would bring tangible benefits to businesses and members of the public alike.

29 June, 2004

Friday, July 02, 2004

Visit to Franklin Pierce Law Center

A picture taken at Franklin Pierce Law Center this week of Professor Bill Murphy and me:

Wednesday, June 30, 2004

'Real' IRA a proscribed organisation - NI Court of Appeal

The Northern Ireland Court of Appeal has ruled that the 'Real' IRA is a
proscribed organisation -
see R v Z [2004] NICA 23
available at

News report:

New Cases from Europe and USA

I'm currently teaching part of a course on
Information Liberties
in Franklin Pierce Law Center, Concord, New Hampshire, USA.

Coincidentally enough, a number of significant cases have been made while I am here, which will be of interest to many Irish lawyers.

Three significant cases concerning terrorism were issued by the US Supreme Court, including Rasul v Bush.

The same court has also issued yet another decision concerning regulation of child pornography - Ashcroft v ACLU.

And the European Court of Human Rights has decided that Princess Caroline's privacy was breached by certain photographs -

Von Hannover v Germany (Microsoft Word format.)

Equality Tribunal annual report 2003

The Equality Tribunal has published its annual report for 2004.

The full PDF is here

(An Irish translation is also available.)

And the press release is here.

Some brief figures:

4,000 Discrimination claims referred to Tribunal in 5 years





Sunday, June 27, 2004

Seminar on Literary Copyright

The Copyright Association of Ireland is organising a seminar on
literary copyright on Friday 2nd of July in Dublin.

For details see

Friday, June 18, 2004

Consultation Paper on Prosecution Appeals from District Court

The Law Reform Commssion has published a Consultation Paper on appeals from the District Court, available on its website at

Submissions are invited up to 30 November 2004.

A brief extract from the LRC website:

Appeal Procedure Should be Introduced

The Commission recommends that a procedure should be introduced into Irish law for appealing against unduly lenient sentences imposed in the District Court. In coming to this conclusion, the Commission considers that the most persuasive argument is that it is in the public interest that offenders should be sentenced appropriately in relation to the crime that they have committed, and that a procedure should be in place for rectifying any inordinately undue leniency in the sentencing outcome. The Commission is also of the opinion that it is in the public interest that any real or perceived inconsistency (failure to apply appropriate sentencing principles), rather than disparity (appropriate different sentencing outcomes, taking account of different circumstances), in sentencing practices in the District Court be remedied by way of appeal.

Wednesday, June 16, 2004

James Joyce - 1933 case about publication of Ulysses in United States

To mark the 100th anniversary of Bloomsday, members might be interested to read the decision on U.S. publication of Ulysses
by Judge Woolsey, United States District Court, Southern District of New York, December 6, 1933, available at

Saturday, June 12, 2004

The Challenge of Migration to Legal Systems

Thanks to my colleague Declan Walsh for bringing to my attention the W.G.
Hart Legal Workshop 2004 in London on 'The Challenge of Migration to Legal
Systems' which includes the following papers:

The Celtic cubs: The controversy over birthright citizenship in Ireland
Dr. Bernard Ryan, University of Kent

Equality at the European Union's borders?
Cathryn Costello

The dilemma of forced return: Balancing the integrity of the asylum process
with human rights and development
Catherine Kenny, Irish Centre for Human Rights, Galway

Deportation of Irish born children: Constitutional and refugee law issues
Ciara Smyth and Donncha O'Connell, Faculty of Law, National University of
Ireland, Galway

The Workshop takes place from Tuesday 29th of June to Thursday 1 July 2004.

Full details at

Friday, June 11, 2004

Irish Referendum and Election Results

Polling takes place today (11 June 2004) in the citizenship referendum and the local and European elections.
Results for the citizenship referendum will be available at

Results of the elections will be available at and

Tuesday, June 08, 2004

Judge may be removed due to Child Pornography allegations

As a result of credit card usage information received from the US investigation into Landslide Productions, an Irish Judge was prosecuted for possession of child pornography in Ireland but the prosecution failed because the search warrant was out of date. The search warrant was valid for seven days from its date of issue, but the police incorrectly interpreted this as seven 24-hour periods rather than seven calendar days. The Irish Government has moved on 2nd June 2004 to remove the Judge from office by means of a motion before the Oireachtas (Parliament). Before passing the motion, a speedy amendment to the child pornography law was made to allow members of the Oireachtas to possess child pornography in the course of the investigation. The Judge is now seeking a declaration from the courts that any evidence which was declared inadmissible in the criminal trial cannot be used in determining the motion for his removal.

Sample media reports:

Child Trafficking and Pornography Act 1998:

Child Trafficking and Pornography (Amendment) Act 2004:

The Curtin Affair in the Oireachtas:

Thursday, June 03, 2004

Monday, May 31, 2004

Citizenship Referendum Information Booklet

The Referendum Commission's Information Booklet on the Citizenship Referendum is available at

Documentation on this referendum is available at

(Choose 'Proposed Citizenship Referendum' on the home page)

Brief extract from the Refrendum Commission's booklet:

The present Constitution and the proposed change

The Constitution of Ireland currently has the following provisions dealing with citizenship:

Article 2

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

Article 9

1° On the coming into operation of this Constitution any person who was a citizen of Saorstát Éireann immediately before the coming into operation of this Constitution shall become and be a citizen of Ireland.
2° The future acquisition and loss of Irish nationality and citizenship shall be determined in accordance with law.
3° No person shall be excluded from Irish nationality and citizenship by reason of the sex of such person.

2. Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

Proposal in the referendum

You are being asked to vote onwhether or not the following new wording should be put into Article 9 of the Constitution:

1° Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.

2° This section shall not apply to persons born before the date of the enactment of this section.

Media coverage of the debate:

Tuesday, May 25, 2004

Seminar on Children Act 2001 - Cork, 19 June 2004


9:00am - 1:00pm


The aim of this seminar is to present details and analysis of the Children
Act 2001 and the extent to which it has been implemented to date. The
seminar will be of interest to all those involved in its implementation
including Solicitors, Barristers, Members of the Judiciary, An Garda
Síochána, Probation Officers, Social Workers, Youth Workers, Health Board
staff, Teachers, Education Welfare Officers, Psychologists and detention
centre staff.

Thursday, May 20, 2004

Opinion of Advocate General in Chen Case

For some strange reason the Opinion of the Advocate General in the Chen case was not available on the web yesterday but it has appeared today.

To get the text go to

and under 'Names of Parties' input 'Chen', then click 'Submit' [at top of screen]

The Press Release is at

The abstract says:
Nº 39/2004 : 18 May 2004
Opinion of the Advocate General in the case C-200/02
Chen e.a.
Freedom of movement for persons

Sample media coverage: