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

Mental Health and Capacity Law Conference 2018

The Centre for Criminal Justice and Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association held their 2018 conference on Mental Health Law and Capacity Law in UCC on Saturday 12 May 2018.

Topics discussed included Recent Developments in Mental Health Law, Dealing with Capacity Issues in Practice, and Children and the Mental Health Act 2001.

Ms Katharine Kelleher, Partner,  Comyn Kelleher Tobin, Solicitors, Cork, spoke on  ‘Section 25  Mental Health Act 2001 in practice from a legal perspective'. Ms Kelleher outlined how children with mental disorders are detained in approved centres by the District Court.  She discussed the evidence required at these court hearings and issues such as what happens when the children reach the age of 18. 

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’. 
In this paper, Ms McKittrick outlined what works for children with mental health issues: continuity of service, structural integration of services, and where services are well established and prepared to manage risk.

Dr Anne Jeffers, Consultant Psychiatrist, spoke about the College of Psychiatrists of Ireland REFOCUS Group.  REFOCUS is the Recovery Experience Forum of Carers and Users of Services. REFOCUS is made up of 10 people with experience of mental illness, and ten people who had family members who used the services. The aim of the forum is to actively engage with the College of Psychiatrists, in order to improve the education of psychiatrists, and thereby improve mental health services. 

Dr Lisa Butterly, Historian:   ‘A Jury of My Peers’. 
Dr Butterly said she feels resentful of how poorly Ireland treats people with schizophrenia.  She highlighted the stigma attached to schizophrenia and noted that stigma bypasses self-determination, destroys self-esteem and destroys self-identity. 

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 Breathnach said that the use of independent experts was an important safeguard in medical treatment cases. She spoke about recent cases in the Court of Protection, including cases concerning termination of pregnancy and persons in a vegetative state.

Mr Michael Lynn, Senior Counsel:  ‘Recent Developments in Mental Health Law’: 
Mr Lynn discussed important cases such as  A.B. v. Clinical Director of St. Loman’s Hospital,
Court of Appeal, 2018, where the court declared that s.15(3) of the Mental Health Act 2001 is unconstitutional.  The declaration stands suspended until November 2018.

Ms Áine Hynes, Partner, St. John Solicitors, Dublin:  ‘Dealing with Capacity Issues in Practice - Recent Developments’: 
Ms Hynes discussed how the High Court's wardship jurisdiction has become more flexible in recent years.  She also noted that a solicitor has a special duty of care in respect of vulnerable clients, and that a family member cannot give instructions to a solicitor for another family member lacking in mental capacity.

The conveners of the conference were Dr Darius Whelan, School of Law, UCC and Ms Joan Doran, Solicitor, Chairperson of the Irish Mental Health Lawyers Association.

Videos and slides from the conference are available at
https://www.ucc.ie/academic/law/docs/mentalhealth/conferences/

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

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

Áine Hynes  -  Casey Photography 

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

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

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


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

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

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

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

[Photos by Casey Photography]

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

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

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

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


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

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

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

[Photos by Casey Photography]

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

Louise Loughlin - Casey Photography 

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

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

Slides and videos from the conference –

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

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

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

Video of Louise Loughlin’s Presentation

[Photos by Casey Photography]

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

Mary Donnelly - Casey Photography 

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

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

Slides and videos from the conference –

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

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

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

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

Video of Mary Donnelly’s Presentation

[Photos by Casey Photography]

Peter Bartlett on Implementation of Capacity Legislation

Peter Bartlett -    Casey Photography 

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

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

Slides and videos from the conference –

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

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

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

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

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

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

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

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

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

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

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

Video of Peter Bartlett’s presentation.

[Photos by Casey Photography]

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

Legal Capacity Conference, UCC, Saturday 9 April 2016

Centre for Criminal Justice & Human Rights, School of Law, University College Cork and
Irish Mental Health Lawyers Association

Legal Capacity Conference 2016

Saturday 9 April 2016
10.00 a.m. to 2.00 p.m.
Brookfield Health Sciences Complex, Room G10
University College Cork

Speakers and chairs include:

• Professor Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham   
• Ms Louise Loughlin, National Manager, National Advocacy Service for People with Disabilities 
• Dr Alan Corkery, Consultant Psychiatrist in Rehabilitation Psychiatry, North Cork Mental Health Services 
• Professor Mary Donnelly, School of Law, University College Cork  
• Ms Áine Hynes, Partner, St. John Solicitors  

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

- Conference Fee - €80  
- NGOs €30
- Academics - €30
- Devilling barristers and trainee solicitors - €30
- Full-time students – Free
- UCC Staff – No charge

Further Information from Ms Noreen Delea, Events Manager, School of Law, UCC, tel: (021) 4903220, email n.delea@ucc.ie.

Four CPD Hours available

http://imhla.ie/events/2016/3/10/ucc-09april2016

Link to book online:
http://www.uccconferencing.ie/product/legal-capacity-conference-2016/

Reforming the Mental Health Act 2001

The Report of the Expert Group on the Review of the Mental Health Act 2001 has been published today.  The press release is here.  The full report is available here.  For reaction from Mental Health Reform and Amnesty International Ireland see here. There has been media coverage in the Irish Times, Irish Examiner and on Morning Ireland (interview with Kathleen Lynch). 

As I have meetings and classes today I cannot write a proper blog post yet. 

However, here are some of my tweets.  For more see http://twitter.com/dariuswirl


Darius Whelan retweeted
Katherine Wade @kathwade 
1/1 Guiding principles in Mental Health Act Review are CRC-based with ref to Art 12 and need for consultation and individual care plans.

Darius Whelan @dariuswirl  · 
New mental health leg. to change how people interact with services - @KathleenLynchTD on @morningireland (audio) http://bit.ly/1zNG3uN 

Darius Whelan retweeted
Katherine Wade @kathwade  · Children to have separate guiding principles and presumption of capacity to refuse admission/treatment http://bit.ly/1wJg112  #mentalhealth

Darius Whelan @dariuswirl  · 
Press Release - Minister Lynch publishes Expert Group Review of the Mental Health Act, 2001 #MentalHealth http://bit.ly/1zNzvMx

Darius Whelan @dariuswirl  · 
Group: S.73 should be repealed - (requires permission of the Court before instituting civil proceedings under the Act) #mentalhealth

Darius Whelan @dariuswirl  · 
Group: Introduction of legislation for advance healthcare directives which should apply to mental health equally with general health

Darius Whelan @dariuswirl  · 
Group: Appeal to Circuit Court - onus of proof re mental illness should lie with approved centre rather than person detained

Darius Whelan @dariuswirl  · 
Group: Mechanism to allow information in relation to decisions of Review Boards to be published in anonymised form needed #mentalhealth

Darius Whelan @dariuswirl  · 
Group: Full proposals on ECT. Can continue without consent in limited circumstances #mentalhealth
Embedded image

Darius Whelan @dariuswirl  · 
Group: Children to have a stand-alone section of the Mental Health Act with child appropriate guiding principles #mentalhealth

Darius Whelan @dariuswirl  · 
Group: New intermediate patients - people who may not warrant detention but do not have the capacity to give informed consent - safeguards

Darius Whelan @dariuswirl  · 
Group: Key decisions such as admission of involuntary patients should involve assessment by at least two Mental Health Professionals.

Darius Whelan retweeted
MHReform @MHReform  ·  2h 2 hours ago
Reaction frm @AmnestyIreland & @MHReform to publication of #MentalHealthAct review report: http://bit.ly/1ALBvVT  @morningireland @TodaySOR

Renewal Orders will be for 3 or 6 months only – 12 month orders will no longer be possible. #mentalhealth

Darius Whelan @dariuswirl  · 
Mental Health Tribunals (renamed Mental Health Review Boards) will review detention after 14 days rather than 21 days #mentalhealth

Darius Whelan @dariuswirl  ·  Group proposes ECT without consent only in limited circumstances - and must be approved by a Mental Health Review Board #mentalhealth

Darius Whelan @dariuswirl  · 
Will tweet some points from report of Expert Group on Mental Health Act 2001 (full text received via @juneshannon - thanks!)

Darius Whelan @dariuswirl 
Fast track for laws to ban shock therapy #mentalhealth http:// http://www.irishexaminer.com/ireland/fast-track-for-laws-to-ban-shock-therapy-316085.html#.VPgHNMvZ3b0.twitter …

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

Ireland's Assisted Decision-Making (Capacity) Bill 2013

The new Assisted Decision-Making (Capacity) Bill 2013 was finally published on 17 July.  This Bill has been a long time in development; previously Heads of a Bill had been published in 2008 but this is the first formal Bill published on the topic.

The Bill is a product of the Department of Justice and Equality, while mental health legislation such as the Mental Health Act 2001 is produced by the Department of Health.  It is unfortunate that joined up thinking between government Departments is difficult, because at times Departments work in silos without detailed enough reference to each other (and I know, universities are indeed  the same).

The Bill has already been the subject of a good deal of summary and commentary, and I include a list of useful links to other blog postings, etc., at the end of this item.

The following main points strike me as the discussion on the Bill commences:

There is no explicit reference to "best interests" and this is a major advance on the 2008 Heads of the Bill.  The "best interests" principle has been interpreted in such a paternalistic manner by the Irish courts that it would have been unworkable in the Capacity Bill.  What's more, it's out of step with modern thinking on the Convention on the Rights of Persons with Disabilities (CRPD).

The CRPD is explicitly recognised in the functions of the Public Guardian (s.56).

It is a real pity that the Bill does not establish multidisciplinary tribunals for dealing with applications regarding lack of capacity, etc.  A three-person tribunal similar to the Mental Health Tribunals would be a more suitable forum than the Circuit Court for resolution of these issues.

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 the mental health context (and is being addressed by the Steering Group on the Mental Health Act) but also in other 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.

The Bill creates forms of substitute decision-making, most clearly with the court appointment of a Decision-Making Representative (ss.23-27).  Because of Article 12 of the CRPD (which Ireland has not yet ratified), regimes of substitute decision-making should be avoided as much as possible and this Bill may not go far enough to comply properly with the CRPD (for more detailed critique on this aspect see blog posts by  Eilionóir Flynn and Lucy Series).

The Bill does not provide for automatic legal representation in any category of case.  Instead, the person will need to apply for legal aid through the civil legal aid legislation.  This contrasts sharply with the automatic representation under the Mental Health Act 2001.

The rules on informal decision-making (ss.53-54) need to be much tighter as there is a real danger that these will be abused in practice.  The experience with the interpretation of the definition of the word "voluntary" in the Mental Health Act 2001 shows that sections of this kind can have major unintended consequences.

Existing wards of court will not have their cases reviewed for a period which may take as much as three years (see s.35).  In the case of children, this period may (in theory) even be longer.

While "welfare" is defined in the Bill to include healthcare decisions for some purposes (see s.25(a)(vii) and s.41(2)(b)) it is unclear if it includes healthcare decisions in other situations.

The Public Guardian will be appointed by the Courts Service (s.55).  The Minister for Justice and Equality will need to approve the Office of Public Guardian's codes of practice (s.63(5)).  It would be better if the office were renamed to replace the paternalistic word "guardian".  In addition, perhaps the office should be on a more independent basis, like an ombudsman or other independent office.

It would be helpful if the Bill included a requirement that the courts provide written reasons for all of their decisions, and that these reasons be published on an anonymised basis.  This would provide real  transparency for the public, legal practitioners and civil society.


OTHER MATERIAL ON THE BILL

Press release - Department of Justice and Equality - Minister Alan Shatter and Minister Kathleen Lynch  

Blog post - Mary Donnelly, UCC

Blog post - Eilionóir Flynn, NUI Galway

Blog post - Lucy Series, NUI Galway

Joint Press Release from Civil Society Organisations

Irish Times Article - John Costello, Consultant at Beauchamps

Press Release from Irish Mental Health Lawyers Association

Press release from NUI Galway’s Centre for Disability Law and Policy

Press Release from Inclusion Ireland