Save the Date: Mental Health and Capacity Law Conference 2018

SAVE THE DATE

Centre for Criminal Justice & Human Rights, School of Law, University College Cork and

Irish Mental Health Lawyers Association 

Annual Conference 2018

Mental Health Law and Capacity Law   

Saturday 12 May 2018 

10.00 a.m. to 2.00 p.m.

Brookfield Health Sciences Complex, University College Cork   

Conference programme will be published shortly, once finalised.

Speakers will include:

• Ms Freda McKittrick, Head of Barnardos Guardian ad Litem Service:   ‘Catching or Falling? The experience of working with children in the Mental Health and Child Care Systems’ 
• Mr Michael Lynn, Senior Counsel:  ‘Recent Developments in Mental Health Law’  
• Dr Lisa Butterly, Historian:   ‘A Jury of My Peers’ 
• Dr Anne Jeffers, Consultant Psychiatrist: ‘Learning from the Patient: Experience with the College of Psychiatrists of Ireland REFOCUS Group’ 
• Ms Katherine Kelleher, Partner,  Comyn Kelleher Tobin, Solicitors, Cork:  'S 25  Mental Health Act 2001 in practice from a legal perspective'  
• Ms Brid Breathnach, Deputy Official Solicitor and Senior Civil Litigation Lawyer, Office of the Official Solicitor, London: ‘Serious medical treatment applications in the Court of Protection in England and Wales - a practitioner's perspective’ 
• Ms Patricia Hickey, General Solicitor for Minors and Wards of Court 
• Ms Áine Hynes, Partner, St. John Solicitors, Dublin:  ‘Dealing with Capacity Issues in Practice - Recent Developments’ 

Conference Convenors:  Dr Darius Whelan, School of Law, UCC and Ms Joan Doran, Solicitor, Chair, Irish Mental Health Lawyers Association

- Conference Fee - €120 
- NGOs €50
- Academics - €50
- Devilling barristers and trainee solicitors - €50
- Students – Free

Further Information from Ms Deirdre Kelleher, School of Law, UCC, phone (021) 490 3642, email lawevents@ucc.ie.

Four CPD Hours – Solicitors and Barristers
College of Psychiatrists of Ireland - 3.5 external CPD Credits.

Book Online 

Twitter hashtag:  #IMHLAUCC 

Events in March 2017 and after

I have updated the listings of events here.

This is the current list:

Wed. 29 March 2017:

Making Economic, Social and Cultural Rights Meaningful, Dublin

http://www.iccl.ie/articles/conference-%E2%80%93-making-economic-social-and-cultural-rights-meaningful.html

Thu. 30-Mar-2017 06:00 PM  

Special Criminal Court for Sierra Leone: jurisprudential developments in the field of women's rights and of children's rights - Lecture - The International Law Association-Irish branch, Dublin 

http://www.ila-hq.org   

Thu. 30 March 2017:

UCC Sports Law Clinic presents: Increased Regulation in Sport, Cork  

https://www.facebook.com/events/375005416218749/ 

30-31 March 2017:

Separated Children in Judicial Proceedings: Recourse to European and International Mechanisms - Blackhall Place, Dublin 

http://www.ucc.ie/en/lawsite/news/fullstory-744862-en.html 

Fri. 31 March 2017:

Understanding the "Right to be Forgotten" - A Workshop, School of Law, University College Cork 

http://www.ucc.ie/en/lawsite/eventsandnews/title-745773-en.html 

Fri. 31 March 2017:

A Tale of Two Cities: the Protection of Fundamental Rights in Strasbourg and Luxembourg, School of Law Annual Distinguished Lecture, NUI Galway 

http://www.nuigalway.ie/business-public-policy-law/school-of-law/news/school-of-law-annual-distinguished-lecture-2017-1.html 

Fri. 31-Mar-2017 09:00 AM  

Spanish and Italian Property Transactions Update - The Post-Recession Position - Law Society Finuas Network Seminar, Dublin - Law Society of Ireland 

https://www.lawsociety.ie/Spanish_Italian_Property_Transactions_Update_The_Post-Recession_Position#.WK1zZ2-LQdU  

Fri. 31 March 2017:

Probate Seminar - Southern Law Association in collaboration with STEP, Cork

http://www.sla.ie/home 

31 March to 2 April:

International Law and the State of Israel: Legitimacy, Exceptionalism and Responsibility, Cork 

https://israelpalestinelaw.com 

Wed. 5 April 2017:

Irish Women Lawyers' Association and Dublin Solicitors Bar Association

present a panel event on the IWD 2017 theme of "Be Bold for Change", Dublin

http://www.iwla.ie/contents/164 

Wed. 5 April 2017:

Spies, Parking Tickets, Illegal Transactions and Insider Dealing: Four Cases which Reshaped Contract Law - Inaugural Lecture by Professor James Devenney, McCann Fitzgerald Chair in  International Law and Business, UCD Sutherland School of Law, Dublin 

http://www.ucd.ie/law/newsandevents/events/inaugurallectureprofessorjamesdevenney/

5-7 April 2017:

Socio-Legal Studies Association conference, Newcastle

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

6 April 2017:

Expert Evidence | Recent Developments in Practice & Procedure - DSBA, Dublin

http://www.dsba.ie/seminars/litigation-seminar-6th-april-.2782.html 

6-8 April 2017:

Irish Tax Institute Annual Conference, Galway

https://taxinstitute.ie/SeminarsConferencesDetails.aspx?ID=163 

7-8 April 2017:

The Future is Now: International Conference on eConveyancing and Title Registration, School of Law, NUI Galway 

http://conference.ie/Conferences/index.asp?Conference=495 

Sat. 8 April 2017:

Mental Health Law, Capacity Law & Deprivation of Liberty - School of Law, University College Cork 

http://www.ucc.ie/en/lawsite/news/fullstory-749035-en.html

10-11 April 2017:

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

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

20 April 2017:

Mandatory Regulatory CPD Seminar - DSBA, Dublin

http://www.dsba.ie/seminars/mandatory-regulatory-cpd-seminar-april-20th-2017.2783.html 

20-21 April 2017:

Annual Conference of British and Irish Law Education and Technology Association, Portugal 

http://www.bileta.ac.uk/Annual%20Conference/ 

Tue. 25 April 2017 2:00 PM:  

Family Law: A Review of Recent Developments - Legal Seminar - CPD Accredited, Dublin 

http://www.cltireland.ie/course.aspx?crseidcode=1094 

Wed. 26 April 2017:

Brexit Series - Implications for Irish Agriculture, ICEL, Dublin

http://www.icel.ie/Agriculture

Thu. 27 April 2017:

Environmental Principles - Between Flexibility and Opacity - 15th Annual Law and the Environment Conference, University College Cork.

http://www.ucc.ie/en/lawsite/news/fullstory-747233-en.html 

Thu. 27 April 2017:

Perspectives on hidden victims: Findings of three new innovative

studies, School of Law, University of Limerick 

http://ulsites.ul.ie/law/conference-and-masterclass-perspectives-hidden-victims-27th-april-2017

Fri. 28-Apr-2017 09:00 AM 17-Jun-2017 

Law Society Finuas Network Executive Leadership Programme 2017 - Law Society Finuas Network Programme - run over 3 non-adjacent weekends. Discounts available for Finuas members., Law Society, Dublin 

https://www.lawsociety.ie/en-IE/Courses--Events/cpd/Leadership/ 

28-30 April 2017:

New Politics – New Law? - Burren Law School, Co. Clare 

http://www.burrenlawschool.org/law/newpoliticsnewlaw 

3 May 2017:

UCD Human Rights Centre Brexit Seminar at Irish Human Rights and Equality Commission, Greene Street, Dublin 7. Email law.events@ucd.ie for details.

Fri. 05-May-2017 10:00 AM  

Midlands General Practice Update - 

Law Society Skillnet in partnership with the Laois Solicitors’ Association, Carlow Bar Association, Midland Bar Association and Kildare Bar Association - The aim and objectives of the day are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice. There will also be an opportunity to network with other practitioners., Heritage Hotel, Portlaoise 

https://www.lawsociety.ie/Midlands_General_Practice_Update_2017#.WNkxBm8rL3g 

Tue. 9 May 2017:

ICEL Data Protection and Privacy Conference, Dublin

http://www.icel.ie/Privacy2017 

Tue. 9 May 2017 01:00 PM:  

Practical Conveyancing: A Review of Recent Developments - Legal Seminar - CPD Accredited., Dublin 

http://www.cltireland.ie/course.aspx?crseidcode=1095 

Thu. 11-May-2017 02:00 PM 12-May-2017 

Essential Practitioner Update Parts I & II 2017 - 

Law Society Skillnet in partnership with the Leitrim, Longford, Roscommon and Sligo Bar Associations - Two day event with three attendance options. The aim and objectives of the event are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice., Landmark Hotel, Carrick on Shannon 

https://www.lawsociety.ie/Essential_Practitioner_Update_2017_Parts_I_and_II_Thursday_and_Friday_Leitrim#.WNkxO28rL3g 

17 May 2017:

Brexit - Fishing Rights and redrawing Irish territorial waters - ICEL 

Details to follow at http://www.icel.ie.  

Mon. 22-May-2017 01:00 PM  

Professionalism across the Professions -

Presented by Law Society Professional Training and the 3U Partnership - venue Law Society of Ireland, Blackhall Place - light lunch served at 1.00pm seminar begins at 2.00pm - Law Society of Ireland, Dublin 

https://www.lawsociety.ie/lspt/cpd 

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 

12-16 June 2017:

Summer School on Transitional Justice 2017, University of Ulster, Jordanstown 

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/summer-school-on-transitional-justice-2017 

19-23 June 2017:

International Criminal Court Summer School - Irish Centre for Human Rights, NUI Galway

http://www.conference.ie/Conferences/index.asp?Conference=497 

19-23 June 2017:

International Disability Law Summer School, NUI Galway

http://conference.ie/Conferences/index.asp?Conference=507

Fri. 23 June 2017:

ICEL Eversheds Sutherland Procurement Conference 2017, Dublin

http://www.icel.ie/procurement2017 

28 June 2017:

Brexit - WTO option as the basis for UK/EU trade - ICEL

Details to follow at http://www.icel.ie. 

9 August 2017:

The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency - Transitional Justice Institute, University of Ulster

https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/the-interface-of-national-security-and-humanitarian-law 

5-8 September 2017: 

Society of Legal Scholars Annual Conference, Dublin, - UCD Law School 

http://www.slsconference.uk 

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

Capacity Bill and Prime Time programme

Cross-posted from Irish Mental Health Lawyers Association:

Implications of the Assisted Decision-Making (Capacity) Bill 2013 for Vulnerable Persons in Congregated Settings

Submissions by The Irish Mental Health Lawyers Association on the Assisted Decision–Making (Capacity) Bill were made to the Department of Justice on the 30th of October 2013.

The Prime Time programme aired last night on the treatment of vulnerable persons in the care of the HSE at Áras Attracta highlights the urgent need for the Assisted Decision-Making legislation to be implemented as a matter of urgency. We and other organisations have made submissions in relation to appropriate deprivation of liberty safeguards which we consider should have been included in the Bill. An extract from our submissions are set out below.

We consider that it is necessary at this time, to emphasise that there must be appropriate legal mechanisms in place to ensure there is proper oversight of vulnerable adults in care, who cannot speak for themselves and who are entitled to be afforded their basic human rights. Legal mechanisms such as deprivation of liberty safeguards can serve to shine a light on poor practice and unlawful acts. We also consider that it is of the utmost importance that serious consideration is given to the immediate implementation of the Personal Advocacy Service provisions of the Citizens Information Act 2007. 

EXTRACT FROM SUBMISSION

1.    Reviews of detention of persons who lack capacity admitted to residential centres other than approved centres.
The Bill does not fully resolve the issue of people who lack capacity and are admitted to a residential centre on a "voluntary" basis but are de facto detained in the centre.  This is an issue which arises in residential settings such as nursing homes, social care institutions and centres for people with disabilities.  Ireland is not directly tackling the problem of the "Bournewood gap" and ECHR case-law such as H.L. v UK; Stanev v Bulgaria; D.D. v Lithuania and other cases.

Recommendation
The IMHLA recommends that the Bill should state that if a person is being admitted to any residential centre, this can only occur on a voluntary basis, where the person has capacity to consent to such admission and does consent to such admission.  Capacity to consent should be assessed appropriately. 

Áine Hynes, IMHLA                    Phone 01 6779097

10 December 2014

Full IMHLA Submission on Bill