Call for Papers Irish Society of Comparative Law Annual Conference 2013

The School of Law at NUI Galway will host the Irish Society of Comparative Law 5th Annual Conference on Friday 24th and Saturday 25th of May 2013 in Galway. The theme for the Irish Society of Comparative Law’s Annual Conference 2013 is ‘Comparative Public Law’. Papers placing Irish public law in comparative perspective are especially encouraged, but any topic in comparative or legal systems may be proposed including private law topics. Proposals for thematic panels of papers are also welcomed.

The primary objective of the Irish Society of Comparative Law is to encourage the comparative study of law and legal systems. Students fully registered for a masters in law, or law-related area (LL.M, MA) are encouraged to submit papers, and the 2nd ISCL Young Researcher Prize will be awarded to the best paper delivered by a student in this category.

Proposals for papers for the 2013 conference should be short (250 words max) and sent to Charles O’Mahony at charles.omahony@nuigalway.ie. The deadline for receipt of proposals is Friday 15 February 2013. Applicants will be notified by Thursday 28th February 2013 if their paper proposal is successful. There will be an opportunity for poster presentations (Posters A1 size) to be displayed in the foyer of the conference venue, Áras Moyola. Poster presenters are expected to attend the conference in the normal way and to be available to discuss their work. You do not have to be a member of the ISCL to propose a paper or be selected to present a poster. Registration forms and additional information will be available early in 2013.

The Irish Society of Comparative Law was established in June 2008 and is recognised by the International Academy of Comparative Law. The ISCL is open to those interested in Irish and comparative law. Its purpose is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complementary aims. Queries regarding the ISCL should be directed to Niamh Connolly at niamh.connolly@tcd.ie.

The School of Law, NUI Galway has a long and distinguished tradition of teaching law and legal scholarship since 1849. The School of Law is comprised of full-time professors and lecturers who are academics producing research across a number of fields including human rights law, international and comparative disability law and policy, legal theory, criminal law, commercial law, maritime law and media law. Large national and international research projects, international conferences and guest lectures are organised under the auspices of the School of Law and its research centres, the Irish Centre for Human Rights and the Centre for Disability Law and Policy. The School of Law is home to a thriving Ph.D programme and offers a number of taught LL.M programmes including a dynamic LL.M in Public Law.

See
http://irishsocietyofcomparativelaw.blogspot.ie

90 Years - The 1922 Irish Free State Constitution and the Birth of the Modern Irish State

90 YEARS – THE IRISH FREE STATE CONSTITUTION AND THE BIRTH OF THE MODERN IRISH STATE

CONSTITUTION PROJECT @ UCC invites you to a free public event on
Thursday 6th December at 6pm in G30 Aras na Laoi, UCC
to commemorate the 90th anniversary of the 1922 Irish Free State Constitution.

Programme:

6.00: Welcome by Dr Andrew McCarthy (School of History)

6.05: Professor David Gwynn Morgan (Faculty of Law) “The Separation of powers in the Irish Free State Constitution – Real or Imaginary?”

6.25: Dr Neil Buttimer  (Department of Modern Irish) “The Irish Version of the 1922 Constitution: Beginning a Linguistic Tradition”

6.45: Dr Laura Cahillane (Faculty of Law) “Appreciating the Irish Free State Constitution – Novelties and Experiments”

7.05: Tim Pat Coogan “Revisiting the 1922 Constitution after 90 years”.

7.30: Questions and discussion

Further details on www.constitutionproject.ie

This event has been kindly sponsored by the College of Business and Law, Invited Speaker Series

Copyright Law in the Educational Context

Louise Crowley and I put together a talk on Copyright Law in an Educational Context which we gave here in UCC yesterday.

Here are Louise's slides:

Copyright law in the Educational Context Part 1 (Louise Crowley) from Darius Whelan

These were my slides:

Copyright Law in the Educational Context (Darius Whelan part) from Darius Whelan

Regulating Cloud Computing: Clear Skies Ahead? - Cork, 16 Nov. 2012

We're organising a conference here in UCC Faculty of Law on Friday 16 November:

Regulating Cloud Computing: Clear Skies Ahead?

Presented in association with UCC’s LLM in Intellectual Property and E Law

Friday 16 November, 2012, 2.00 p.m. to 5.15 p.m.

Room G10, Brookfield Health Sciences Complex, UCC, College Road, Cork

Cloud computing - internet-based delivery of IT services – is a growth industry and many Irish businesses are operating as either cloud providers or cloud clients.  This conference, presented in association with UCC’s LLM in Intellectual Property and E Law, will discuss regulation of  cloud computing, including questions such as the following:

• What legal issues need to be considered by businesses in contracting for the provision or use of cloud computing services?
• Can an appropriate regulatory balance be struck between cloud provider and cloud client interests?
• What are the legal consequences of security breaches regarding data held in the cloud?
• What are the implications of storage of data in Europe, the USA and other jurisdictions?
• What is the relevance of the EU / US safe harbour arrangements for cloud computing?
• What are the implications of the EU’s draft General Data Protection Regulation?
• Are concerns about the USA’s Patriot Act and Mutual Legal Assistance Treaties in cloud computing justified?
• How are intellectual property law issues dealt with in a cloud environment?

Speakers: 

• Professor Ian Walden, Centre for Commercial Law Studies, Queen Mary, University of London and member of the Cloud Legal Project.
• Mr John O'Connor, Head of the Technology and Commercial Contracts Group at Matheson Ormsby Prentice, Solicitors.
• Ms Síofra Flood, COO and General Counsel at Swrve, leading provider of in-application testing and analytics, California and Dublin.   

Supported by the UCC Dean of Law’s Strategic Fund

Conference Convenors:
Dr Darius Whelan, Professor Maeve McDonagh and Dr Louise Crowley

Advance Registration is essential.
Conference Registration: €40, to be paid by post in advance.
Students:  No Fee.

Continuing Professional Development: 3 hours General CPD

Conference Administrator:  Ms Noreen Delea, Faculty of Law, UCC.
Email n.delea@ucc.ie.    Phone +353-21-490 3220.

Please book by post and pay in advance.
Please use the Booking Form available here.

Students may book by email.

For information on UCC’s LLM on Intellectual Property and E law, see
www.ucc.ie/en/lawsite/StudyLaw/postgrad/.

Update - December 2012: 
Slides and videos from this conference are available at

http://www.ucc.ie/law/lawonline/elaw/cloud2012.shtml

Events in October 2012 and after

The listing of events has now been updated at www.irishlaw.org/events/

Thu. 1 Nov. 2012:

The Children's Rights Referendum - Law School, Trinity College Dublin
http://www.tcd.ie/Law/events/2012/childrens-rights.php
 
Thu. 1 Nov. 2012:
Contract Law Update, Law Society, Dublin
http://www.lawsociety.ie/Products/Courses/

Thu. 1 Nov. 2012:
Moving to a Culture of Respect for Children in Ireland - Talk by Children's Ombudsman, Irish Women Lawyers Association, Limerick
http://www.iwla.ie/contents/69

5-6 Nov. 2012:
EU Anti-Discrimination Law, Trier, Germany
http://www.era.int

Tue. 6 Nov. 2012:
The role of the Court of Justice of the European Union in regulating of public procurement market - practitioners' perspectives - ISEL Procurement Law Forum, Dublin
http://www.lawsociety.ie/Pages/Events/ISEL-Procurement-Law-Forum-1/

Fri. 9 Nov. 2012:
The role of ‘credibility’ in international protection claims - Irish Refugee Council, Dublin
http://www.irishrefugeecouncil.ie/event/conference-the-role-of-credibility-in-international-protection-claims

Wed. 14 Nov. 2012:
The Old Munster Circuit and other Tales of the Irish Bar - 27th Hugh M. Fitzpatrick Lecture, Dublin
http://www.lawsociety.ie/Pages/Events/25th-Hugh-M-Fitzpatrick-Lecture/

Fri. 16 Nov. 2012:
Regulating Cloud Computing: Clear Skies Ahead? Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/Upcoming/ 

16-18 November 2012:
Legal Scholarship and Judicial Reasoning: A Mutual Interaction - Annual Conference of Irish Association of Law Teachers, Dublin
http://www.ialt.ie/events/

16-18 Nov. 2012:
Society of Young Solicitors conference, Tullamore
http://www.sys.ie/news-events-2/

Sat. 17 Nov. 2012:
Tort Litigation 2012: All the Recent Developments - Law School, Trinity College Dublin
http://www.tcd.ie/Law/events/

Thu.-Fri. 22-23 Nov. 2012:
7th Annual Data Protection Practical Compliance Conference, Dublin
http://www.pdp.ie/conference/data_protection/2012

Thu. 22 Nov. 2012:
Economic, Social & Cultural Rights Conference - Amnesty International Ireland, Dublin
http://tinyurl.com/escr-conf

Fri. 23 Nov. 2012:
Enforcing European Environmental Law Conference - Faculty of Law, UCC, Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/ 

Fri. 23 Nov. 2012:
Business, Human Rights and Good Governance: A workshop with David Kinley - Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Sat. 24 Nov. 2012:
The New Legislation on Special Areas of Conservation (SACS) and National Heritage Areas - Law School, Trinity College Dublin
http://www.tcd.ie/Law/events/

7-8 July 2013:
Irish Legal Diaspora Conference - Dublin
http://www.ilhs.eu/conferences.asp


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

Events in September 2012 and after

Details of events at 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 www.irishlaw.org/events/submit.shtml

Mon.17 Sept. 2012:
Multiculturalism and the Role of International Law - QUB, Belfast
www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 20 Sept. 2012:
Sentencing Guidelines and the work of the Sentencing Council, IPRT Annual Lecture, Dublin
www.iprt.ie/contents/2372

Thu. 27 Sept. 2012:
The People's Constitution: A Reflection on the Referendum Process - Faculty of Law, UCC
www.ucc.ie/en/lawsite/eventsandnews/

27-28 Sept. 2012:
Commonwealth Lawyers' Association Property Law Conference 2012, Belfast
www.qub.ac.uk/sites/clabelfastconference2012/

Fri.-Sat. 28-29 Sept. 2012:
Current Fundamental Issues in Employment Law - UCD, Dublin
www.ucd.ie/law/events/title,131675,en.html

30 Sept. to 5 Oct. 2012:
International Bar Association Annual Conference, Dublin
www.int-bar.org/conferences/dublin2012/

Tue. 2 Oct. 2012:
Current Legal Issues Facing the United Nations - IIEA, Dublin
www.iiea.com/events/current-legal-issues-facing-the-united-nations

10-12 October 2012:
U.S. / Ireland Legal Symposium, Philadelphia, USA
www.brehonsymposium.com

Fri.12 Oct. 2012:
European Union law in Practice - Faculty of Law, UCC, Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/ 

Fri.12 Oct. 2012:
Exit from Custody - Annual Conference of ACJRD, Dublin
www.acjrd.ie/contents/181

Sat. 13 October 2012:
Promoting and Protecting Human Rights in Ireland: The Role of the Irish Constitution and European Law - Law Society, Dublin
www.lawsociety.ie/Pages/Events/Annual-Human-Rights-Conference/

Thu. 11 October 2012:
Annual Property Law conference - Law Society, Dublin
www.lawsociety.ie/Annual_Property_Law_Conference.aspx

Wed. 17 Oct. 2012:
Getting involved in Pro Bono litigation: Opportunities in Northern Ireland
www.pilsni.org

Thu. 18 October 2012:
Environmental Regulation and Enforcement Conference, ICEL and EPA conference, Dublin
www.icel.ie/events_currentprogramme

Fri. 19 Oct. 2012:
Migration, Domestic Workers and Human Rights: gender equality and the limits of rights - Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/

Wed. 24 Oct. 2012:
Irish Maritime Law Association Autumn Lecture on SOSREP, Dublin
www.irishmaritimelaw.com/autumn-lecture-sosrep/

Thu. 1 Nov. 2012:
Contract Law Update, Law Society, Dublin
www.lawsociety.ie/Products/Courses/

5-6 Nov. 2012:
EU Anti-Discrimination Law, Trier, Germany
www.era.int

16-18 November 2012:
Legal Scholarship and Judicial Reasoning: A Mutual Interaction - Annual Conference of Irish Association of Law Teachers, Dublin
www.ialt.ie/events/

Thu.-Fri. 22-23 Nov. 2012:
7th Annual Data Protection Practical Compliance Conference, Dublin
www.pdp.ie/conference/data_protection/2012

Fri. 23 Nov. 2012:
Enforcing European Environmental Law Conference - Faculty of Law, UCC, Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/

7-8 July 2013:
Irish Legal Diaspora Conference - Dublin
www.ilhs.eu/conferences.asp

=== About Irish Law Updates ===

To join or leave the Updates list, go the main page of the Irish Law Site at UCC at 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 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 - 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:
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For further information contact Dr Darius Whelan, Law Department, University College, Cork, e-mail d.whelan@ucc.ie
University College Cork Law Faculty website - www.ucc.ie/law/

Migrant worker case in the High Court

Muhammad Younis.  Picture by RTE.  

Further update, June 2015:

The Supreme Court upheld Mr Younis's appeal

In a very important decision yesterday, Hussein v The Labour Court [2012] IEHC 364, Hogan J. found that a migrant worker (Mr Muhammad Younis) who had been exploited by his employer could not claim under the working time legislation, minimum wage legislation and the Terms of Employment (Information) legislation.  See news reports at Irish Times and RTE websites.

Liam Thornton has an excellent post over at humanrights.ie summarising the issues, particularly focusing on the international human rights dimension of the case.

While we are still digesting the judgment as it has only recently been published, some additional points which have struck me are as follows:

• Hogan J. says at para. 19 that the Employment Permits Act 2003 contains no saving clause such as obtains in the case of unfair dismissals.  However, the National Minimum Wage Act 2000 does contain a saving clause at s.40.  While it is likely that even if he had referred to this section, he would have reached the same conclusion, it is surprising that he does not explicitly address it.  
• Hogan J. does not refer explicitly to the significant Irish employment law case of Lewis v Squash Ireland [1983] ILRM 363.  In that case, the Tribunal stated: "It is public policy that the Courts and this Tribunal should not lend themselves to the enforcement of contracts, either illegal on their face or in which the intended performance of obligations thereunder was illegal to the knowledge of the party seeking to enforce the contract" (emphasis added).  Hogan J. could have explored whether he agreed with such a statement of public policy by the EAT, rather than relying entirely on court decisions.  While of course the courts have superior authority to the tribunals, they have also recognised the specialist expertise of such tribunals in the past.
• Hogan J. also does not refer to Dubyna v Hourican Hygiene  (2005) UD 781/2004, another EAT case in which it was found that a contract in breach of the Employment Permits Act 2003 was enforceable where the employee was unaware of the breach.  Admittedly, the circumstances were quite different but nonetheless it is a more relevant decision than some of those cited in the High Court decision. 
• As far as I can see, the only English case referred to is from 1957.  There is no reference to the recent Court of Appeal case of Hounga v Allen [2012] EWCA Civ 609 which involved breach of work permits legislation.  While the court did not permit the claim in that case, it allowed for the possibility that in some cases an employee might not be an active participant in an illegality, but instead acquiesce in the state of affairs, in which case she might still claim.  (See Laurie Anstis posting on Daniel Barnett blog here.)  [Update in 2014:  The UK Supreme Court has upheld the appeal against the Court of Appeal decision - Hounga v Allen [2014] UKSC 47 - See Vanessa James posting on Daniel Barnett blog here.] 
• I am not entirely comfortable with the idea of the High Court posting copies of its decisions to the Ceann Comhairle, the Cathaoirleach of the Seanad and the Minister for Jobs, Enterprise and Innovation.  I agree that a judge may highlight a possible anomaly in the law, or possible unintended consequences of legislation, and even state that the law should be changed (as happened in the X. case).  But it is unnecessary and perhaps could be misinterpreted for the judge to post the decision to these three people.   They are all surely aware of the decision, as they are aware of all court decisions.  Perhaps I am splitting hairs here?  

[Further Update in 2014 - The Employment Permits (Amendment) Act 2014 will allow a migrant worker in Mr Younis's situation to bring a civil action seeking compensation for work done.  The Act will come into force on a date specified by the Minister. The new Act was welcomed by Migrant Rights Centre Ireland here. However, as the Centre notes, much more needs to be done.  From an employment law perspective, it is unclear to what extent a migrant worker without a work permit could bring an action other than an action seeking compensation for work done. ]   

Further update, June 2015: 
The Supreme Court upheld Mr Younis's appeal

Irish Mental Health Lawyers Association seminar - Dublin, 23 July 2012

Irish Mental Health Lawyers Association 

2012 Seminar

Reforms to the Mental Health Act 2001, update on Capacity legislation and Treatment issues 

Date: Monday 23rd of July 2012

Venue: Law Society, Blackhall Place, Dublin 7

Time: 5.30pm - 8.00pm

Registration and refreshments: 5.30

2 CPD points will be available for attendees

AGENDA

5.30pm  Registration  - Tea/Coffee/sandwiches

6.00pm  Dr. Darius Whelan,
President Irish Mental Health Lawyers Association, Faculty of Law U.C.C.
Daring to Change: The Interim Report of the Steering Group on the Review of the Mental Health Act

6.30pm  Fionn Fitzpatrick.
Presentation on need for legislative reform following her own experiences of the mental health services.

6.45pm  Mark Felton, Solicitor.
Overview of Proposed Capacity Legislation.

7.00pm  Dr. Ciaran Craven B.L.,
Mental Health Act 2001, Capacity and Consent to Treatment cases.

7.40pm  Joan Doran, Solicitor.
Operating the Mental Health Act 2001 Act, a practitioner’s viewpoint.

Seminar Registration Form available here:
http://www.irishlaw.org/events/imhla-july-2012.doc

Provisional registration can be made by email to: joan@joandoran.com


Fee:  Free to members of IMHLA
€65 to non-members


Cancellations must be received in writing. For cancellations received 5 working days or less prior to the event, the attendance fee is non refundable.

It may be necessary, for reasons beyond the control of the conference organisers, to alter the content and timing of the program or the identity of the speakers.

Time to remove mental health disqualification for TDs

Dáil Éireann - CC BY by apanoply

The Guardian reported yesterday that the British government will support a private member's bill by the MP Gavin Barwell which would remove laws which discriminate against people who have mental health problems, including a ban on "mentally disordered persons" from doing jury service, a bar on people who have been sectioned under the Mental Health Act for more than six months from becoming MPs, and another that can have people removed as director of a company "by reason of their mental health".

It is high time that similar restrictions were removed in Ireland.  For example, section 41 of the Electoral Act 1992 states that a "person of unsound mind" may not be a member of the Dáil.
This section has not been repealed.

(By the way, this is also the section which bans undischarged bankrupts or those undergoing a sentence of 6 months or more).

In January 2010, John Moloney TD, then Minister of State for Mental Health and Disability, said that he had written to the Minister for the Environment asking that the relevant restriction on membership of the Dáil be repealed (see article by Mark Tighe in Sunday Times, 31 January 2010).  He also said at the time that he had stress and depression two years previously, forcing him to take four weeks off work.  At the time he referred to s.51 of the Electoral Act 1923, but that had been repealed and replaced in 1992.

In a similar vein, the European Court of Human Rights has overturned an absolute bar on voting by any person under partial guardianship, irrespective of his or her actual faculties in Kiss v Hungary (2010).

In 2011, the Venice Commission reversed an anomaly which allowed countries to exclude people with "genuine mental disabilities" from the ballot box. See more at http://www.savethevote.info, a site set up by the Mental Disability Advocacy Centre in Budapest.

See also June Shannon, 'Fears that Dáil rule fuels mental health stigma', Medical Independent, 2 Jun 2011.

[ Dáil Éireann photo - CC BY from Flickr by apanoply ]

Vacancy - Lectureship in Law, University College Cork

University College Cork - Lectureship in Law

Closing Date for Applications: 28 Jun 2012

Contract Type: Fixed Term Whole-Time
Job Type: Academic
Salary: €31,821 - €51,270 / €62,353 - €81,459 per annum

The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of 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 of 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 three-year temporary Lecturer post in the Department of Law. The post holder, 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 will be expected to hold a doctorate, equivalent professional qualification or research experience leading to publication in law. The post holder will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and be actively engaged in research.

For informal enquiries about the post, please contact Professor Ursula Kilkelly, Head of Department of Law. Email: headoflaw@ucc.ie.  Further information on the Faculty of Law can be found online on www.ucc.ie/en/lawsite/

For a full list of duties and selection criteria see www.ucc.ie/hr/vacancies/academic

Appointment will be made on the Lectureship 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)

To Apply:

Application forms must be completed and are available, together with full details, from www.ucc.ie/en/hr/vacancies or Recruitment Office, Department of Human Resources, University College, Cork, Ireland.  Email: recruitment@per.ucc.ie  / Tel: +353 21 490 3691 / Fax: +353 21 427 1568.

Closing date:  Thursday 28th June 2012 at 5:00pm

University College Cork is an Equal Opportunities Employer

John Gallagher and mental health law

It has been reported this morning that John Gallagher has handed himself in to the Central Mental Hospital.
The Gallagher saga has had major implications for mental health law in Ireland over the years.
Now that he is back in the CMH, his case may well be reviewed by the Mental Health (Criminal Law) Review Board.

Gallagher was found guilty but insane on two murder charges in 1989.
The verdict at the time was governed by the Trial of Lunatics Act 1883.
The 1883 Act was probably in breach of article 5 of the European Convention on Human Rights, as it provided for automatic detention on an insanity verdict and because it failed to provide for reviews of detention. However, the ECHR did not become part of domestic law until 2003. It was reported in 2005 that Eamonn Daly was challenging the compliance of the 1883 Act with the ECHR.

Gallagher brought various challenges to his detention in the Central Mental Hospital.  In Application of Gallagher (No.2) (1996) the High Court found that he no longer had a mental disorder but had a personality disorder.  The court upheld his continuing detention on the basis of a personality disorder, and in spite of lengthy ministerial delays in acting on recommendations of a non-statutory review committee.
The court emphasised that he could not be detained on grounds of risk alone as this would be preventative detention.

The Criminal Law (Insanity) Act 2006 established the Mental Health (Criminal Law) Review Board.
This board has three members and reviews the detention of those detained on insanity verdicts, even if their trials took place prior to 2006.  Reviews take place every six months.
The board has various powers, e.g. to order that the person be released or conditionally discharged.
If the person was conditionally discharged (from 2006 to 2010), the Board did not have the power to recall them if they broke the conditions of their discharge. As a result, the Board had a policy of never ordering a conditional discharge.

There were two High Court cases concerning the powers of the Review Board - J.B. v Mental Health (Criminal Law) Review Board [2008] IEHC 303; High Court, Hanna J., July 25, 2008  -  www.bailii.org/ie/cases/IEHC/2008/H303.html - and L. v Kennedy [2010] I.E.H.C. 195 High Court, Peart J., May 5, 2010  http://www.bailii.org/ie/cases/IEHC/2010/H195.html.

In L. v Kennedy, Peart J. did not order that Mr. L. be released (as the case was a habeas corpus application under article 40.4 of the Constitution) but hinted that if it had been a judicial review case he might have quashed the review board's decision.

The two cases rely heavily on Johnson v UK, an ECHR case.  However, it is arguable that they fail to focus adequately on the delay aspect of the Johnson case.  In addition, there is little discussion of the Irish constitutional principle against preventative detention.

The 2006 Act was amended by the Criminal Law (Insanity) Act 2010, which provides a power of recall if a patient discharged conditionally breaches the conditions.

Events in April 2012 and after

Welcome to Irish Law Updates
Supported by University College Cork Law Faculty

=== 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

Wed. 25 April 2012:
Hidden Treasures in the Irish Law Times of the Late Victorian Period - Hugh M. Fitzpatrick Lecture in Legal Bibliography, Dublin
http://www.lawlibrary.ie/viewdoc.asp?DocID=3134

Thu. 26 April 2012:
Postgraduate Conference, Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/en/ccjhr/news/fullstory-151692-en.html

Thu. 26 April 2012:
Recent Cases in Public Procurement - Irish Society for European law, Dublin
http://www.lawsociety.ie/Pages/Events/Recent-Cases-in-Public-Procurement/

Thu. 26 April 2012:
Law Reform and Social Transition - Irish Association of Law Teachers, Dublin
http://www.ialt.ie/events/

Sat. 28 April 2012:
Putting Human Rights at the Heart of the Good Society - Sheehy Skeffington School, Dublin
http://www.sheehyskeffingtonschool.org

Sat. 28 April 2012:
Children and Criminal Justice, Irish Criminal Bar Association, Dublin
http://www.irishtimes.com/newspaper/finance/2012/0423/1224315046492.html

Tue. 1 May 2012:
Freedom of Religion and Belief: Implications for Contemporary Ireland - Irish Network against Racism, Dublin
http://www.activelink.ie/node/8836

1, 2 and 8 May 2012:
Prisoner Rights, and the Rights and Needs of Prisoners' Children - IPRT Series of Seminars in Limerick, Dublin and Cork
http://www.iprt.ie/contents/2316

Thu. 3 May 2012:
Sexual offences and capacity to consent: Understanding the key issues - Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/


Fri. 4 May 2012:
Creating Equitable Access to Justice: Recognising people with Disabilities as Victims of Crime - Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Fri.-Sun. 4-6 May 2012:
Ireland: Commemoration and Constitution - Burren Law School, Ballyvaughan, County Clare
http://www.burrenlawschool.org

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

Thu. 10 May 2012:
Finding the Equilibrium: Law Society Annual Human Rights Lecture, Dublin.  Speaker: Rt. Honourable Sir Declan Morgan, Lord Chief Justice of Northern Ireland
http://www.lawsociety.ie/Pages/Events/Annual-Human-Rights-Lecture/

Thu. 10 May 2012:
Intellectual Property Law Update - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Thu. 10 May 2012:
EU Litigation Update Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

Mon. 14 May 2012:
Symposium on UN Convention on the Rights of the Child - NUI Galway
http://www.nuigalway.ie/human_rights/conferences.html

Tue. 15 May 2012:
Tax and Probate Seminar - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Fri. 18 May 2012:
Annual Conference of Society of Trust and Estate Practitioners, Dublin
http://www.step.ie/annual-conference-programme-now-available

Sat. 19 May 2012:
Tort Law Conference - Bar Council, Dublin
http://www.lawlibrary.ie/viewdoc.asp?fn=/documents/news_events/consem.htm&m=5

Thu. 31 May 2012:
ICCJ and BSC event "Risk, Crime and Security", Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

14-16 June 2012:
Annual Conference of British and Irish Association of Law Librarians, Belfast
http://www.biall.org.uk/pages/belfast2012.html

18-23 June 2102:
The UN Convention on the Rights of Persons with Disabilities – How to Use it - Summer School, NUI Galway
http://www.nuigalway.ie/cdlp/summer_school/2012/welcome.html

Mon. 18 June 2012:
Family Lawyers Association of Ireland Conference, Dundalk
http://www.familylawyers.ie/news-events/

Tue. 19 June 2012:
European Arrest Warrant and Extradition Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

Tue. 19 June 2012:
Justice Conference 2012: Towards Affordable and Efficient Justice, Dublin
http://www.eolasmagazine.ie/events/justice2012/

Wed. 20 June 2012:
Annual Centre for Criminal Justice and Human Rights Lecture to be delivered by Professor Michael O'Flaherty, University of Nottingham - Location: University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Sat. 23 June 2012:
Mental Health Reform: New Perspectives and Challenges - NUI Galway
http://conference.ie/Conferences/index.asp?Conference=173

Thu.-Sat. 28-30 June 2012:
The Irish Constitution: Past, Present and Future - UCD School of Law, Dublin
http://www.ucd.ie/law/events/title,120148,en.html

Thu.-Fri. 28-29 June 2012:
North / South Criminology Conference - University College Dublin Institute of Criminology
http://www.ucd.ie/criminol/News.htm

Thu. 28 June 2012:
Public Procurement Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

2-20 July 2012:
E Law Summer Institute, Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/students/eLSI/

11-14 Sept. 2012:
Annual Conference of Society of Legal Scholars, Bristol
http://conference.legalscholars.ac.uk/bristol/

16-18 November 2012:
Annual Conference of Irish Association of Law Teachers, Dublin
http://www.ialt.ie/events/

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

The Commission is now seeking submissions on the following: Consultation Paper on Mandatory Sentences (LRC CP 66-2011) Closing date for submissions 30 April 2012

UNIVERSITY COLLEGE CORK POSTGRADUATE OPPORTUNITIES

Taught Postgraduate Programmes

LLM
LLM (Child and Family Law)
LLM (Criminal Justice)
LLM (Intellectual Property and E-Law)
LLM (International Human Rights Law and Public Policy)
LLM (Practitioner)
LLB

Postgraduate Research Programmes

PhD
LLM by Research

For more information on all of the above see http://www.ucc.ie/en/lawsite/study/postgrad/

UNIVERSITY COLLEGE CORK UNDERGRADUATE PROGRAMMES

Bachelor of Civil Law (BCL) Degree
BCL (Law and French)
BCL (Law and Irish)
BCL (International)
BCL (Clinical)

See http://www.ucc.ie/en/lawsite/study/undergrad/



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Mental Health Courts

I recently co-authored an article in the Web Journal of Current Legal Issues with Sarah Ryan about Mental Health Courts and whether they should be introduced in Ireland.

This is the abstract:

At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment.

This article begins with a review of the background to mental health courts, focusing on the concept of diversion from the criminal justice system and the role of Therapeutic Jurisprudence theory as an inspiration for the establishment of mental health courts. The main features of mental health courts are identified and the features of those in existence in the United States are contrasted with those in Canada and England and Wales. Some of the main arguments against the use of these courts will be discussed, including the contentions that defendants' participation may not be truly voluntary and that their due process rights are not adequately protected. The question of whether a mental health court should be established in Ireland is considered. 

The full text of the article is available here and the full reference is as follows:
Ryan, Sarah and Whelan, Darius, 'Diversion of Offenders with Mental Disorders: Mental Health Courts'  (2012) 1 Web Journal of Current Legal Issues.