Hunger Strikes in Prison: The Legal Issues

 

I contributed a paper on "Hunger Strikes in Prison: the Legal Issues" to a University College Cork conference this week.

The conference was "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020" and it was organised by the School of History.

My paper draws on themes discussed in this paper: Gautam Gulati, Darius Whelan, Eimear Spain, David Meagher & Colum Dunne, ‘Hunger Strikes in Prison: a Legal Perspective for Psychiatrists’ (2019) 36 Irish Journal of Psychological Medicine 55.  

My slides for the paper are available here.

Events from August 2019 onwards

Irish Law Events Retweeted

Constitution Project
‏@ConstitutionUCC 
Delighted to announce programme and registration details for our forthcoming conference @UCC on "Sovereignty, Populism and Constitutional Politics", 30-31 August. In association with British & Irish Chapter of @ICON__S.  CPD available! https://t.co/gIar291qza
http://constitutionproject.ie/?p=688 

@deckie: Looking forward to hosting Competition Law Scholars' Forum at @UCC @LawUCC. A great lineup with John Temple Lang as our keynote speaker https://twitter.com/CLScholarsForum/status/1161644717328744450

@UccCriminology: The 12th North South Criminology Conference will be held in UCC on the 2nd and 3rd September 2019. https://t.co/jylAnzke4p
https://www.ucc.ie/en/criminology/northsouth/

NUI Galway, 23-27 Sept. 2019:
Training on the Assisted Decision Making (Capacity) Act
https://www.nuigalway.ie/centre-disability-law-policy/trainingandevents/upcomingevents/

NUI Galway, 12 Sept 2019:
Getting to Grips with the UN Convention on the Rights of Persons with Disabilities: What Does it Mean for Ireland?
https://cdlp.clr.events/event/128587:getting-to-grips-with-the-un-convention-on-the-rights-of-persons-with-disabilities-what-does-it-mean-for-ireland


NUI Galway, 27 Sept. 2019:
School of Law Annual Distinguished Lecture 2019.
Justice Leona Theron of the Constitutional Court of South Africa.
”Are we all Equal? Is the new South Africa’s promise of true equality a reality or still a dream?”
http://www.nuigalway.ie/business-public-policy-law/school-of-law/news/school-of-law-annual-distinguished-lecture-2019-1.html

TCD, Dublin, 4 Oct. 2019:
Regulating the Future of Human Work: a Christian Ethics Perspective
https://www.tcd.ie/law/news-events/human-work-christian-ethics.php

TCD, Dublin, 12 October 2019:
Irish Supreme Court Review - Second Annual Conference
https://www.tcd.ie/law/news-events/iscr.php

UCD, Dublin 29 October 2019
The Offences Against the State Act at 80: Omni-Act or Omni-Shambles?
Society of Legal Scholars Annual Seminar 2019
https://www.ucd.ie/law/events/societyoflegalscholarsannualseminar2019/

Why we respond and why we turn away: human rights abuses in a changing world
Dublin, 6 September 2019.
https://www.eventbrite.com/e/why-we-respond-and-why-we-turn-awayhuman-rights-abuses-in-a-changing-world-tickets-62433922543

@law_IALT: Our Annual Conference will take place @LimerickStrand from 22 to 24 November 2019. The Conference theme is "Beyond Borders: Collegiality and Collaboration in Law" and the call for papers is available here:
http://www.ialt.ie/2019/08/06/call-for-papers-annual-conference-2019/

Friday 11 October 2019:
“Behind Closed Doors: Crimes of Violence, Coercive Control and Abuse in Family and Intimate Relationships”
Association for Criminal Justice Research and Development. Dublin.
https://www.acjrd.ie/contents/399

Seminar and Book Launch on 27 September
The evening will begin with a seminar on the subject of the transformation of EU Treaty Making
https://www.ucd.ie/law/events/seminarandbooklaunchon27september/

Neurodiversity and the Criminal Justice System
November 1st 2019, Dublin.
Association for Criminal Justice Research and Development.
https://www.acjrd.ie/contents/402

Law Society Education
@LawSocEdu
CPD seminars :
https://www.lawsociety.ie/Courses--Events/cpd/

LLM Programmes in Ireland:
https://irishlawblog.blogspot.com/p/law-postgraduate-courses.html

Submit events:
Email d.whelan@ucc.ie

Or submit form at
https://www.ucc.ie/academic/law/irishlaw/events/submit.shtml

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 

https://autumncriminologyschool.wordpress.com     

Mon. 26 Sept. 2016:

Financial Action Task Force workshop, UCD Sutherland School of Law, Dublin 

https://www.ucd.ie/law/newsandevents/events/fatfworkshop/ 

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  

http://www.caj.org.uk/contents/1450 

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 

https://www.lawsociety.ie/Criminal_Law_Update#.V3vTQ_krIdU 

Thu. 29-Sep-2016 02:00 PM:  

Employment Law Update 2016 - Law Society Professional Training, Law Society of Ireland 

https://www.lawsociety.ie/Employment_Law_Update_2016#.V2lHq_krIdU 

Thu. 29 Sep. 2016:

Implementing the New EU Data Protection Regulation - Dublin 

Details at http://cmgevents.ie/events/categories/legal_regulatory/ 

29-Sep-2016 to 30-Sep-2016 

Connaught Solicitors' Symposium 2016 - Law Society Skillnet, Breaffy House Hotel, Castlebar, Mayo 

https://www.lawsociety.ie/Connaught_Solicitors%E2%80%99_Symposium-Part_I_and_II_2016#.V5d2VPkrIdU 

Fri. 30 Sep. 2016:

ICEL EPA Environmental Law Conference 2016, Dublin 

http://icel.ie/EPA2016 

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 

https://www.lawsociety.ie/The_Fundamentals_of_District_Court_Civil_Procedure_Drafting_and_Advocacy_Skills#.V3pHRfkrIdW

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 

http://www.ucd.ie/law/newsandevents/events/theworkplacerelationsact2015-oneyearon/ 

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 

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/challenges-to-the-rule-of-law-in-the-21st-century 

5 Oct. 2016:

The Annual Walsh lecture - Mr Justice Niall Fennelly, UCD, Dublin 

https://www.ucd.ie/law/newsandevents/events/ 

Thu. 6 Oct. 2016:

NWCI Members and Friends Meeting - Women’s Rights and CEDAW, Dublin  

http://www.nwci.ie/index.php?/learn/article/date_for_your_diary_for_the_next_nwci_members_and_friends_meeting_womens_ri 

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 

https://www.lawsociety.ie/Annual_Litigation_Update_2016#.V4YVSPkrIdU 

Fri. 7 Oct. 2016: 

Cybercrime - ACJRD Annual Conference, Dublin

Details at http://www.acjrd.ie/contents/323  

Sat. 08-Oct-2016 10:00 AM 

Annual Human Rights Conference 2016 - Law Society Professional Training, Law Society of Ireland 

https://www.lawsociety.ie/Annual_Human_Rights_Conference_2016#.V5d23vkrIdU 

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 

https://www.lawsociety.ie/Work_Life%20Balance_Managing_Clients_Mastering_Time_and_Dealing_with_Stress#.V2lJDfkrIdV 

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 

https://www.lawsociety.ie/International_response_to_Terrorism_Local_Effects#.V7GF0PkrIdU  

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 

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/dealing-with-the-past-in-northern-ireland-the-victims-perspective 

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 

http://www.lawcentreni.org/news/recent-news/38-featured-slideshow/1375-litigating-for-social-change-conference.html 

Thu. 20 Oct. 2016:

ICEL Human Rights Law Conference 2016, Dublin 

http://icel.ie/HumanRights2016 

Thu. 20 Oct. 2016:

Annual Property Law Conference 2016 - Law Society, Dublin 

Details at http://www.lawsociety.ie/Annual_Property_Law_Conference_2016  

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 

http://www.lawcentreni.org/news/recent-news/38-featured-slideshow/1372-law-centre-ni-social-justice-lecture-2016-social-justice-and-human-rights.html 

Fri. 21 Oct. 2016:

Probate Practice - A Practical Guide to Recent Developments - Dublin

Details at http://www.cltireland.ie/cpd-training.aspx  

21-23 Oct. 2016:

Sports and the Law, Society of Young Solicitors, Limerick

http://www.sys.ie/events/upcoming-events/sys-annual-conference-20161.html 

Tue. 25-Oct-2016 10:00 AM 

Training the Next Generation of Solicitors - Law Society Finuas Network, Law Society of Ireland 

https://www.lawsociety.ie/Training_the_Next_Generation_of_Solicitors#.V2lJq_krIdU 

Thu. 27-Oct-2016 10:00 AM 

Delegation and Performance Management October - Law Society Finuas Network, Law Society of Ireland 

https://www.lawsociety.ie/Delegation_and_Performance_Management_October#.V2lKffkrIdV 

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.  

http://ict4er.org/blockchain-and-sustainable-communities-workshop/ 

Mon. 30 Oct. 2016:

Advancing Children's Rights through the Criminal Law (Sexual Offences) Bill, Children's Rights Alliance, Dublin

http://www.childrensrights.ie/resources/advancing-childrens-rights-through 

Thu. 3 Nov. 2016:

Adjudication Advocacy Course, UCD Sutherland School of Law 

https://www.ucd.ie/law/newsandevents/events/2016adjudicationadvocacycoursenov3/ 

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 

https://www.lawsociety.ie/Caring_and_the_Law_Solicitors_for_the_Elderly#.V8RFYfkrIdU 

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

http://icel.ie/UCTD 

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 

https://www.lawsociety.ie/Annual_In_house_and_Public_Sector_Conference_Leadership_in_Changing_Times#.V3u2TPkrIdW 

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 

https://www.lawsociety.ie/Property_Transactions_Master_Class%20_ALL_SESSIONS#.V3Oq-_krIdV 

Tue. 15-Nov-2016 10:00 AM 

Delegation and Performance Management November - Law Society Finuas Network, Law Society of Ireland 

https://www.lawsociety.ie/Delegation_and_Performance_Management_November#.V2lKnvkrIdU 

18-20 Nov. 2016: 

Annual Conference of Irish Association of Law Teachers, Waterford.  

Details at http://www.ialt.ie/event/annual-conference-of-the-irish-association-of-law-teachers-2016  

Fri. 18-Nov-2016 10:00 AM 

Practitioner Update Cork 2016 - Law Society Skillnet, Kingsley Hotel, Victoria Cross, Cork 

https://www.lawsociety.ie/Practitioner_Update_Cork_2016#.V5d3RvkrIdU 

Fri. 18-Nov-2016 09:30 AM  

Business Law 2017 - Business Law Committee in partnership with Law Society Professional Training, Law Society of Ireland 

https://www.lawsociety.ie/Business_Law_2017#.V81K-fkrKM_ 

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 

https://www.lawsociety.ie/Delegation_and_Performance_Management_Cork#.V4TCwvkrIdU 

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 

https://www.lawsociety.ie/Networking_Skills_How_to_get_clients_and_keep_them#.V4NaufkrIdV 

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 

http://www.ilhs.eu/?p=872    

Fri. 25 Nov. 2016:

ICEL IP Conference 2016: Trademarks, patents and designs, Dublin

http://icel.ie/IP2016 

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 

http://icel.ie/UCTD 

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 

https://www.lawsociety.ie/The_Fundamentals_of_Technology_and_Intellectual_Property_Law#.V2lLTvkrIdV 

Wed. 30-Nov-2016 12:30 PM  

Unfinished Peace. Brian Rowan, journalist and author. - Ulster University, TJI/IRiSS Seminar, Belfast 

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/unfinished-peace.-brian-rowan,-journalist-and-author. 

30 Nov. 2016:

Distinguished Guest Lecture in Employment Law, UCD Sutherland School of Law

https://www.ucd.ie/law/newsandevents/events/ 

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

http://icel.ie/UCTD 

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 

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/unfinished-peace 

2017:

5-7 April 2017:

Socio-Legal Studies Association conference, Newcastle

http://www.slsa.ac.uk/index.php/annual-conference 

10-11 April 2017:

Association of Law Teachers' Annual Conference 2017: Foundations and Futures, Portsmouth, England

http://www.lawteacher.ac.uk/events.asp 

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

http://www.biall.org.uk/pages/conferences-biall.html  

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

Follow Irish Law Events on Twitter - @irishlawevents

Events in June 2016 and following months

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

Here's the current listing:

9-11 June 2016:  British and Irish Association of Law Librarians Conference, Dublin

Details at http://www.biall.org.uk/events.php

Fri. 10 June 2016:
International and Comparative Law in the 21st Century: Lessons learned, Postgraduate and Early Career Law Conference, Griffith College, Dublin
Details at https://www.griffith.ie/lawconference

13-18 June 2018:
Visiting Scholar Programme, Galway & Mayo, Jane Freedman, Professor of Politics at Universite de Paris 8 visits NUIG & Mayo to engage and participate in a series of events exploring asylum, migration & gender equality
Details at http://www.maryrobinsoncentre.ie/visiting-scholar-events.html 

Tue. 14 June 2016:
Natural Justice in Child Protection Investigation, Ballymun Community Law Centre, Dublin
Details at http://www.pila.ie/resources/bulletin/2016/06/08/ 

Wed. 15 June 2016:
The International Protection Act 2015: The Changes and Implications - Irish Refugee Council, Dublin
Details at http://www.pila.ie/resources/bulletin/2016/06/08/ 

Thu. 16 June 2016:
Migration and European Identity - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event

Thu. 16 June 2016:
The Companies Act 2014: One Year On - DSBA, Dublin
Details at http://www.dsba.ie/seminars.574.html

16-25 June 2016:
Cinema and Human Rights Summer School, NUI Galway
Details at http://www.chra.ie/summerSchool.php

Sat. 18 June 2016:
Family Lawyers Association of Ireland conference, Cork
Details at http://www.familylawyers.ie/news-events/

Sat. 18 June 2016:
UCD Festival: School of Law to host four events including Brexit Debate
Details at http://www.ucd.ie/law/newsandevents/

Mon. 20 June 2016:
The Law of the Sea and Human Rights - NUI Galway
Details at
https://listserv.heanet.ie/cgi-bin/wa?A2=IRISHLAW;811d2148.1606

Thu. 23 June 2016:
Annual Review of Important Competition Law Cases and Developments - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event 

20-24 June 2016:
NUIG Centre for Disability Law & Policy: 2016 Summer School, Galway
Details at http://www.nuigalway.ie/cdlp/news.html

Wed. 22 June 2016:
Medical Ethics, Consent, Capacity & End Of Life Care Conference - Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Thu. 23 June 2016:
DSBA Commercial Litigation Update, Dublin
Details at http://www.dsba.ie/seminars.574.html

23-24 June 2016:
North-South Criminology Conference, Maynooth University
Details at http://www.maynoothuniversity.ie/law/news

Fri. 24 June 2016:
The Role of International Law in Post-Conflict and Post-Colonial Societies - QUB Human Rights Centre, Belfast
Details at
http://www.qub.ac.uk/schools/SchoolofLaw/FileStore/Filetoupload,651930,en.pdf

Sat. 25 June 2016:
Third Annual Human Rights Lecture - Hina Jilani at Mary Robinson Centre, Ballina
http://www.maryrobinsoncentre.ie/international-human-rights-lecture-2016.html

27 June to 1 July 2016:
Women and Political Settlements: International, Regional and Local Approaches to Peacemaking - Summer School on Transitional Justice 2016 - Transitional Justice Institute, University of Ulster, Belfast
Details at http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2016

27 June to 1 July 2016:
International Criminal Court Summer School, ICHR, NUI Galway
Details at http://www.nuigalway.ie/irish-centre-human-rights/summerschools/

Tue. 28 June 2016:
Evidence-Informed Decision Making:  Putting research into practice in Criminal Justice - ACJRD, Dublin
Details at http://www.acjrd.ie/contents/315  

Tue. 28 June 2016:
DSBA Data Protection Seminar, Dublin
Details at http://www.dsba.ie/seminars.574.html

Wed. 29 June 2016:
Environmental Health and Safety Management Conference 2016, Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Thu. 30 June 2016:
Deadline for submission of abstracts to World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork, due to take place in Dublin in June 2017.
Details at http://www.wcflcr2017.com

Thu. 30 June 2016:
Digital Citizenship - Royal Irish Academy, Dublin
Details at https://www.ria.ie/events/digital-citizenship

Fri. 1 July 2016:
Privacy and Data Protection Conference, ICEL, Dublin
Details at http://icel.ie/Privacy2016

1-2 July 2016:
The Sustainable Development Goals: Equality, Human Rights, Peace - The Mary Robinson Centre International Symposium 2016, Ballina
Details at http://www.conference.ie/Conferences/index.asp?Conference=475

Tue. 12 July 2016:
Consumer Regulation and Proportionality - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event 

10-12 August 2016:
Attorney General for Northern Ireland Constitutional Law Summer School, Belfast
Details at http://www.lawsoc-ni.org/news-events-and-media/lsni-events/  

15 August 2016:
Deadline for Submissions to Irish Journal for European Law
https://www.isel.ie/blog/irish-journal-for-european-law-call-for-papers-2016/

6-9 Sept. 2016:
Annual Conference of Society of Legal Scholars, Oxford
Details at http://www.slsconference.uk 

Fri. 9 Sep. 2016:
State Accountability for Vulnerability - Socio-Legal Research Centre, Dublin City University
Details at http://www.dcu.ie/law_and_government/news-events.shtml 

Fri. 16 Sep. 2016 1:30 p.m.:  
Current Trends in Employment Law - Central Law Training CPD Seminar, Dublin
Details at http://www.cltireland.ie/course.aspx?crseidcode=1076

Thu. 29 Sep. 2016:
Employment Law Update 2016 - Law Society, Dublin
Details at https://www.lawsociety.ie/Courses--Events/cpd/

Thu. 29 Sep. 2016:
Implementing the New EU Data Protection Regulation - Dublin
Details at http://cmgevents.ie/events/categories/legal_regulatory/

Fri. 7 Oct. 2016:
Cybercrime - ACJRD Annual Conference, Dublin
Details to follow at http://www.acjrd.ie 

Thu. 20 Oct. 2016:
Annual Property Law Conference 2016 - Law Society, Dublin
Details at http://www.lawsociety.ie/Annual_Property_Law_Conference_2016

Fri. 21 Oct. 2016:
Probate Practice - A Practical Guide to Recent Developments - Dublin
Details at http://www.cltireland.ie/cpd-training.aspx 

18-20 Nov. 2016:
Annual Conference of Irish Association of Law Teachers, Waterford.
Details at
http://www.ialt.ie/event/annual-conference-of-the-irish-association-of-law-teachers-2016

Follow Irish Law Events on Twitter: @irishlawevents 

Events in April 2016 and following months

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

Here's the current listing:

Wed. 6 April 2016 4.30 p.m.
Prison Litigation Workshop - Irish Penal Reform Trust and Prison Litigation Network, Cork
Details at http://www.iprt.ie/contents/2869

Thu. 07-Apr-2016 02:00 PM
The New Requisitions on Title: A Practical Guide to the Key Changes - Central Law Training CPD Seminar - Dublin
Details at http://www.cltireland.ie/course.aspx?crseidcode=1073

Fri. 8 April 2016:
Michael Frazer (University of East Anglia) - ʻThe Ethics of Social Explanation: Causal and Interpretive Approaches as Expressions of (Dis)Respect for Subjectsʼ - Legal and Political Theory Workshop Series, NUI Galway
Details at http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Sat. 9 April 2016:
Legal Capacity Conference 2016 - UCC CCJHR and IMHLA conference, School of Law, University College Cork
Details at https://www.ucc.ie/en/lawsite/eventsandnews/

Sat.-Sun. 9-10 April 2016:
Law, Revolution and Sovereignty: Reflections on the Legal Legacy of the 1916 Rising & Declaration of Independence, School of Law, NUI Galway
Details at
http://www.nuigalway.ie/business-public-policy-law/school-of-law/news/conference-announcement---law-revolution-and-sovereignty-1.html

Mon. 11 April 2016, 6 p.m. :
Breaking Bad Law. Legal Regulation and the end of The War on Drugs - Dublin Institute of Technology, School of Law - Public Lecture Series, Dublin
Details at http://www.dit.ie/llss/newsevents/newsarticles/headline,126073,en.html

11-12 April 2016:
BILETA Conference 2016: Future, law, education and technology - WoW, have we forgotten something?, University of Hertfordshire, England
Details at http://bileta2016.co.uk

Fri. 15 April 2016:
English Law in Early Modern Ireland: Promoting or Impeding Anglicisation? - Lecture by Professor Emeritus, Nicholas Canny, School of Law, NUI Galway
Details at https://www.facebook.com/schooloflaw/

Fri. 15 April 2016:
Business Contract Re-equipment for Contracting Parties, Lawyers, Managers, Resolvers, Students and Others - Sutherland School of Law, UCD, Dublin
Details at http://www.ucd.ie/law/newsandevents/events/

Mon. 18 Apr 2016 2:00 p.m.:
Access to Justice; Identifying the problems, finding the solutions, for families in dispute' - Waterford Institute of Technology Seminar in association with AFCC (Association of Family and Conciliation Courts), The Dublin Dispute Resolution Centre, Dublin
Details at https://www.wit.ie/events/all_news/access-to-justice-seminar

Tue. 19 April 2016:
The Rise and Fall of Joint Enterprise Liability - lecture by Professor David Ormerod QC, School of Law, Queen's University, Belfast
Details at https://www.facebook.com/events/757835111018857/

Thu. 21 April 2016:
Law and the Environment 2016 - Novel Challenges – Novel Solutions: Innovation in Environmental Law & Policy, School of Law, University College Cork
Details at: https://www.ucc.ie/en/lawsite/eventsandnews/

Thu. 21 April 2016:
Protecting Patents: Michael Lucy, Patent Attorney, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/sites/default/files/files/IP%20Law%20Cafe%20Brochure%202015-2016.pdf 

Wed. 27 April 2016:
Prison Litigation Workshop - Irish Penal Reform Trust and Prison Litigation Network, Limerick
Details at http://www.iprt.ie/contents/2869

Fri. 29 April 2016:
Yaniv Roznai (The Minerva Centre for the Rule of Law Under Extreme Conditions, University of Haifa) - ʻUnconstitutional Constitutional Amendmentsʻ - Legal and Political Theory Workshop Series, NUI Galway
Details at http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

29 April to 1 May 2016:
Vested Interests and the Law - A Contemporary and Brehon Perspective - Burren Law School, Co. Clare
Details at http://www.burrenlawschool.org

10-11 May 2016:
Fighting Cybercrime: Between Legal Challenges and Practical Difficulties - ICEL and ERA, Dublin
Details at http://www.era.int/?125655&en and http://www.icel.ie/Cybercrime

Fri. 13 May 2016:
Uladzislau Belvusau (Vrije Universiteit Amsterdam), Alexsandra Gliszczynska-Grabias (Poznan Human Rights Centre) and Ioanna Tourkochoriti (NUI Galway) - ʻRemembering Holocaust and other Atrocities Through Lawʼ  - Legal and Political Theory Workshop Series, NUI Galway
Details at http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Sat. 14 May 2016:  Human Rights - Reimagining Health and Justice, Medico-Legal Society of Ireland, Dublin
Details at http://www.medico-legalsociety.ie

Thu. 19 May 2016:
Tort actions to protect IP rights - IP Law Cafe, Eoin Quill, School of Law, UL, Limerick
Details at http://www.ul.ie/law/sites/default/files/files/IP%20Law%20Cafe%20Brochure%202015-2016.pdf

Fri. 20-May-2016 02:00 PM
The Residential Tenancies (Amendment) Act 2015 - Central Law Training CPD Seminar, Dublin
http://www.cltireland.ie/course.aspx?crseidcode=1074

23-24 May 2016:
(Dis)locating Comparative Law: Annual conference of the Irish Society of Comparative Law, NUI Galway
Details at http://bit.ly/ISCL-2016

24-26 May 2016:
The Politics of Hate: Community, Societal and Global Responses - University of Limerick
Details at http://www.ulsites.ul.ie/hhrg/inhs-conference

25-27 May 2016:
Human Rights: A 21st Century Approach to the Work of Ombudsmen, Belfast
Details at http://www.nihrc.org/news/book-now-for-international-ombudsman-conference-25-27-may-2016

Fri. 3 June 2016:
Procurement Conference - ICEL and Eversheds, Dublin
Details at http://www.icel.ie/procurement2016

9-11 June 2016:  British and Irish Association of Law Librarians Conference, Dublin
Details at http://www.biall.org.uk/events.php

Fri. 10 June 2016:
International and Comparative Law in the 21st Century: Lessons learned, Postgraduate and Early Career Law Conference, Griffith College, Dublin
Details at https://www.griffith.ie/lawconference

16-25 June 2016:
Cinema and Human Rights Summer School, NUI Galway
Details at http://www.chra.ie/summerSchool.php

20-24 June 2016:
NUIG Centre for Disability Law & Policy: 2016 Summer School, Galway
Details at http://www.nuigalway.ie/cdlp/news.html

23-24 June 2016:
North-South Criminology Conference, Maynooth University
Details at http://www.maynoothuniversity.ie/law/news

24 June 2016:
The Role of International Law in Post-Conflict and Post-Colonial Societies - QUB Human Rights Centre, Belfast
Details at http://www.law.qub.ac.uk/schools/SchoolofLaw/News/Title,559799,en.html

27 June to 1 July 2016:
Women and Political Settlements: International, Regional and Local Approaches to Peacemaking - Summer School on Transitional Justice 2016 - Transitional Justice Institute, University of Ulster, Belfast
Details at http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2016

27 June to 1 July 2016:
International Criminal Court Summer School, ICHR, NUI Galway
Details at http://www.nuigalway.ie/irish-centre-human-rights/summerschools/

Tue. 28 June 2016:
Evidence-Informed Decision Making:  Putting research into practice in Criminal Justice - ACJRD, Dublin
Details to follow at http://www.acjrd.ie

Fri. 1 July 2016:
Privacy and Data Protection Conference, ICEL, Dublin
Details to follow at http://www.icel.ie

Fri. 16-Sep-2016 01:30 PM
Current Trends in Employment Law - Central Law Training CPD Seminar, Dublin
http://www.cltireland.ie/course.aspx?crseidcode=1076

Thu. 20 Oct. 2016:
Annual Property Law Conference 2016 - Law Society, Dublin
Details at http://www.lawsociety.ie/Annual_Property_Law_Conference_2016

Law Society Diploma and Certificate courses:  

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

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 Employme Law
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Diploma in Legal Decision-Making Skills

Follow Irish Law Events on Twitter - @irishlawevents

Events in November 2015 and after

I've updated the listings of events as follows:

Thu. 26 Nov. 2015:
European Data Privacy Rights and Democratic Politics: A Tangled Web - Professor Deirdre Curtin,
Irish Society for European Law, Dublin
Details at https://www.isel.ie/event/view/108/n-a

27-29 Nov. 2015:
The Law Lecturer: Enhancing Academic Life - Annual Conference of the Irish Association of Law Teachers 2015 – Salthill Hotel, Galway
Details at http://www.ialt.ie/event/annual-conference-of-the-ialt-2015

Fri. 27 Nov. 2015:
Securing Accountability: Building effective prison monitoring, inspection, and complaints systems - Irish Penal Reform Trust, Dublin
http://www.iprt.ie/contents/2792

Fri. 27 November 2015:
Emmanuel Mellisaris (London School of Economics) - ʻSolidarity and Punishmentʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Sat. 28 Nov. 2015:
Graça Machel, one of the world’s leading women’s rights activists is to deliver the Second Annual International Human Rights Lecture - Mary Robinson Centre, Ballina, Co. Mayo
Details at http://www.maryrobinsoncentre.ie/events.html

Sat. 28 Nov. 2015:
Current Legal Challenges Facing Primary School Management - Law School, Trinity College Dublin
http://www.tcd.ie/Law/events/2015/primary-schools-legal-challenges.php

Mon. 30 Nov. 2015:
Direct Democracy Considered – Irish, Scottish, Swiss, and Transnational European Perspectives on the Use of Referendums, Quinn School of Business, UCD
Details at http://www.ucd.ie/law/eventsseminars/title,260230,en.html

Tue. 1 Dec. 2015:
The Future of the European Court of Human Rights
Irish Society of International Law, Dublin
Details at http://seanlester9.eventbrite.ie

Tue. 1 Dec. 2015:
Deflecting the Law from its Course: Capital Punishment and Clemency in Ireland, 1923-1990 - Professor Ian O'Donnell, Hugh M. Fitzpatrick Lecture in Legal Bibliography, Dublin
Details at http://www.lawsociety.ie/Courses--Events/Other-Events/Events/Hugh-M-Fitzpatrick-Lecture-in-Legal-Bibliography2/

Wed. 2 Dec. 2015:
Constitutionalising Labour Rights - Professor Judy Fudge, UCD Sutherland School of Law
Details at http://www.ucd.ie/law/eventsseminars/title,258804,en.html

Thu. 3 Dec. 2015:
Using the Law to Secure Social Justice - Lecture by Michael Farrell, FLAC, Dublin
http://www.flac.ie/news/events/2015/12/03/ninth-annual-dave-ellis-memorial-lecture/

Thu. 3 Dec. 2015:
Barristers at War, Courts Centenary Commemoration Committee, Dublin
Details at http://www.lawsociety.ie/Courses--Events/Other-Events/Events/Barristers-at-War-Lecture/

Sat. 5 Dec. 2015:
Precedent in the EU: The Linguistic Aspect Irish Centre for European Law and University of Exeter Workshop, Dublin
Details at http://www.icel.ie/Precedent

Wed. 9 Dec. 2015:
Constitutional Law: An Update - UCD Sutherland School of Law, Dublin
http://www.ucd.ie/law/eventsseminars/title,259667,en.html

Wed. 9 Dec.2015 12:30 PM:
Two Cheers for the Anti-Impunity Norm - Ulster University, Transitional Justice Seminar Series, Jordanstown campus
https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/anti-impunity-norm

Thu. 10 Dec. 2015:
The EU Digital Single Market: Professor Robert Clark, Arthur Cox Solicitors, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Fri. 11 Dec. 2015:
Employment Law - Irish Centre for European Law conference, Dublin
Details at http://www.icel.ie/Employment2015 

Fri. 11 December 2015
Bebhinn Donnelly-Lazarov (Swansea University) - ʻWhat does it mean to be responsible for action: lessons from criminal lawʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Mon. 14 Dec. 2015:
Where Next For a Bill of Rights for Northern Ireland - Transitional Justice Institute, University of Ulster, Belfast
http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/a-bill-of-rights-for-northern-ireland-where-next

2016:

Thu. 21 Jan. 2016:
Valuing IP rights: Professor Bill Murphy, School of Law, UNH, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Tue. 29 January 2016
Zoi Aliozi (NUI Galway Irish Centre for Human Rights) - ʻDeconstructing Human Rights in Times of Economic Crisis: A Philosopho-Legal Approachʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Thu. 18 Feb. 2016:
IP and Disruptive Technologies : 3D Printing explored: Kate Harnett, William Fry Solicitors, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516 

Fri. 19 February 2016:
Michael Sevel (University of Sydney) - ʻJoseph Razʼs Philosophy of Human Rightsʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 4 March 2016:
Elizabeth Shaw (University of Aberdeen) - ʻFree will scepticism and criminal behaviourʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Thu. 10 Mar. 2016:
National and international taxation of IP rights: Professor Jeffrey Maine, University of Maine Law School, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516

Fri. 18 March 2016:
Mairead Enright and Emilie Cloatre (University of Kent) - ʻTransformative Illegality: Condom Mail Order in the West of Irelandʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 8 April 2016:
Michael Frazer (University of East Anglia) - ʻThe Ethics of Social Explanation: Causal and Interpretive Approaches as Expressions of (Dis)Respect for Subjectsʼ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Mon. 18 Apr 2016 2:00 p.m.:  
Access to Justice; identifying the problems, finding the solutions - WIT Waterford, School of Humanities, and the Association of Family and Conciliation Courts, Seminar, Dublin
Contact   Sinead Conneely - sconneely@wit.ie

Thu. 21 April 2016:
Law and the Environment 2016 - School of Law, University College Cork
Details to follow at http://www.ucc.ie/law/ 

Thu. 21 April 2016:
Protecting Patents: Michael Lucy, Patent Attorney, IP Law Café at University of Limerick
Details at http://www.ul.ie/law/news/00%5Bnid%5D-ip-law-café-201516 

Fri. 29 April 2016:
Yaniv Roznai (The Minerva Centre for the Rule of Law Under Extreme Conditions, University of Haifa) - ʻUnconstitutional Constitutional Amendmentsʻ - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

Fri. 13 May 2016:
Uladzislau Belvusau (Vrije Universiteit Amsterdam), Alexsandra Gliszczynska-Grabias (Poznan Human Rights Centre) and Ioanna Tourkochoriti (NUI Galway) - ʻRemembering Holocaust and other Atrocities Through Lawʼ  - Legal and Political Theory Workshop Series, NUI Galway
http://www.nuigalway.ie/business-public-policy-law/school-of-law/research/lptheory/

23-24 May 2016:
(Dis)locating Comparative Law: Annual conference of the Irish Society of Comparative Law, NUI Galway
http://bit.ly/ISCL-2016

27 June to 1 July 2016:
Summer School on Transitional Justice 2016 - Transitional Justice Institute, University of Ulster, Belfast
http://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2016

Law Society Diploma and Certificate courses:  

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

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

Follow Irish Law Events on Twitter - @irishlawevents

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

Migrant Workers - Younis case update

I have previously blogged about the Muhammad Younis case.

In a surprising development yesterday, the Supreme Court upheld Mr Younis's appeal which means that he is now entitled to his award of more than €91,000 (see Irish Times report here). 

As Liam Thornton explains on humanrights.ie, Mr Younis won on the grounds that the High Court had exceeded its jurisdiction in reviewing the merits of the case.

The full Supreme Court decision is available here.  The decision was written by Murray J. (Hardiman J. and Mac Menamin J. concurring).  Mr Younis was supported in his case by the Migrant Rights Centre of Ireland.  Amnesty International made a submission as amicus curiae.

The Supreme Court's views about illegality and employment contracts

While the Supreme Court did not deliver a decision on the merits of the case, it did make strong statements about illegality and employment contracts.  These statements are not a binding part of the case (they are obiter dicta) but they still carry persuasive weight  and may influence future cases. 

At para. 52, the court states: "Traditional judicial dicta, in the older cases in particular, may have to be reviewed or nuanced in the light of the modern regulatory environment, and applied with the principle of proportionality in mind."  (see the fuller quote in Liam's post).

Murray J. continued (para.53):

I would, however, add, even though it is entirely hypothetical, that if the subject matter of the liability to be enforced involved something which was inherently immoral or inherently against the public interests, such as an agreement to rob or to distribute the proceeds of a robbery, then the issue of illegality and public policy would arise from a different perspective. Obviously, that is not the case and unlikely to be the kind of thing which would be attributed to a Rights Commissioner by statute to decide. In this case one is dealing with an inherently lawful subject matter, namely, the relationship of employer and employee, a relationship which the Rights Commissioner, in his Determination, found to exist and give rise to a liability of the applicant. Again, there was no appeal or judicial review of that decision.

So the court is saying firstly that older cases about illegality (which Hogan J. had relied on in the High Court) may need to be reconsidered and secondly that contracts of employment are normally inherently lawful; they are very different from a robbery contract.  The context for the second point is important as it seems to suggest that Judicial Review might be available for a case where a contract was of an inherently immoral nature, but not in the case of an inherently lawful employment contract.  This statement does not preclude further actions concerning illegality of employment contracts provided those actions take forms other than Judicial Review of enforcement proceedings.

The technical issue on which the appeal succeeded

With the benefit of hindsight, it is strange that the case got this far without this technical point succeeding.  To explain the point briefly:  A Rights Commissioner decision was made to award compensation to Mr Younis.  This decision was not appealed or Judicially Reviewed (there appear to have been delays and the time limits are short).  Mr Younis then brought enforcement proceedings (not an appeal) to the Labour Court.  The employer (Mr Hussein) sought judicial review in the High Court of the enforcement decision.  The High Court reviewed the merits of the case, based on the perceived absence of a work permit (although there was not a finding of fact by the Rights Commissioner or Labour Court on this issue), and quashed the Labour Court decision.  The Supreme Court held that the High Court did not have jurisdiction in a judicial review of an enforcement decision to review the merits of the case. 

The lessons for the legal community are clear:
(1) Watch out for time limits; if you do not abide by a time limit for an appeal or judicial review you may be left without a remedy.  Some time limits are very short, e.g. six months for many employment law matters. 
(2) Scrutinise the jurisdiction of a court carefully and revisit the issue of the court's jurisdiction constantly.  Even if the High Court decides the case as if it has jurisdiction, the issue can be revisited in the Supreme Court.

See further:
Migrant Rights Centre of Ireland press release

Video - evidence to Oireachtas Committee on Employment Permits:

http://www.oireachtas.ie/viewdoc.asp?DocID=26613

(Go to 1:26:47)

Seminar on LGBT Rights and Legal Change, TCD, Dublin, Fri. 10 July 2015

Seminar on LGBT Rights and Legal Change

11am - 1pm Friday 10th July 2015, Room 3126, Arts Block, Trinity College Dublin

Speakers: Senator David Norris, Senator Katherine Zappone, Ann Louise Gilligan, Professor Mark Bell (TCD), Brian Sheehan (GLEN).

This is the second in a series of Irish Research Council-funded seminars being run by Prof Ivana Bacik (TCD) and Dr Mary Rogan (DIT), seeking to explore the relationship between legal action and social change. The seminar will begin at 11am promptly, registration from 10.30am. Tea/coffee and lunch provided.

Seminar free but places are limited. To register, please email cicl@tcd.ie.  

Twitter: @CICL15

https://twitter.com/CICL15

School Admissions and the Equal Status Act

I have written a short piece for the Irish Times concerning school admissions and the Equal Status Act.  The article has been published here.  I may in due course develop this into a longer article for a journal in which I can provide evidence for each aspect, and tease out the issues in more depth. 

Some extra points:

The Supreme Court case is Stokes v Christian Brothers High School [2015] IESC 13.

My article only discusses the main judgment in the case, agreed by three judges. It does not discuss the other judgment in the case, in which two judges found that the Supreme Court did not have jurisdiction to hear an appeal in a case such as this.

The Equality Authority appeared as amicus curiae in this case.  See the press release of the Irish Human Rights and Equality Commission (which replaces the Equality Authority). 

Aisling Twomey writes in the Irish Examiner about how travellers would thrive if they were given the opportunity. 

The earlier stages  are as follows:

• Equality Tribunal - DEC-S2010-056
• Teehan J., Circuit Court - [2011] IECC 1
• McCarthy J., High Court, 3 February 2012 - http://tinyurl.com/stokes-HC 

Commentary on the High Court stage:

• Olivia Smith, ‘Perpetuating Traveller children’s educational disadvantage in Ireland: Legacy rules and the limits of indirect discrimination’ (2014) 14 International Journal of Discrimination and the Law 145 (Sage Journals)
• Mel Cousins, "Travellers, equality and school admission in the High Court: Stokes v Christian Brothers High School Clonmel" - http://works.bepress.com/mel_cousins/22
• Page at Northern/Irish Feminist Judgments Project 

 I previously posted on travellers in County Clare and the Equal Status Act.

Update on Migrant Workers and Employment Law

Muhammad Younis.  Picture by RTE.  

Further update, June 2015:

The Supreme Court upheld Mr Younis's appeal


In 2012, I blogged about the important decision of Hussein v The Labour Court [2012] IEHC 364.  There have been developments recently which have led me to update this post as follows.  The developments are:

• Enactment of the Employment Permits (Amendment) Act 2014 - see end of blog post below.
• The UK Supreme Court decision in Hounga v Allen - see the fourth bullet below.

Here's the revised blog post in full: 

In a very important decision in 2012, 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.

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 and Chris Monaghan, 'Hounga v. Allen at the Supreme Court: The defence of illegality in race discrimination cases and the competing public interest in preventing the exploitation of illegal immigrants' (2015) International Journal of Discrimination and the Law. ]
• 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

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