Mental Health and Capacity Law Conference 2019

The annual Mental Health and Capacity Law conference takes place on Saturday 6 April at Brookfield Health Sciences Complex, UCC.

This conference is jointly hosted by the Centre for Criminal Justice & Human Rights, School of Law, UCC and the Irish Mental Health Lawyers Association.

Topics to be considered will include recent case-law on the Mental Health Act 2001, developments in capacity law and comparative reflections on mental health law in England & Wales. 

The conference is topical as there have been two relevant amending Acts passed in 2018:

- the Mental Health (Renewal Orders) Act 2018

- the Mental Health (Amendment) Act 2018 [not yet commenced] 

In addition, discussions are continuing on the implications of the Assisted Decision-Making (Capacity) Act 2015, due to be commenced in 2020.  The commencement of this Act will further the state’s progress towards implementation of the Convention on the Rights of Persons with Disabilities, which Ireland ratified in 2018. 

Details of the conference may be found at

https://www.uccconferencing.ie/product/ccjhrimhlaconference6thapril/

For further information please contact Deirdre Kelleher,  deirdrekelleher@ucc.ie or on 021 490 3642.

Speakers will include:

• Judge Anselm Eldergill, Court of Protection, England
• Ms Barbara Brennan, See Change Co-Ordinator and Mental Health Consultant
• Ms Áine Hynes, Partner, St. John Solicitors, Dublin
• Dr Miriam Kennedy, Consultant Psychiatrist, Highfield Healthcare, Dublin
• Mr Paul Brady, Barrister
• Mr Richard Hammond, President, Southern Law Association, and Chairperson, Mental Health and Capacity Task Force of the Law Society of Ireland

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

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

 CPD points are available for Solicitors and Barristers 

College of Psychiatrists of Ireland – 3.5 Hours CPD Credit.    (https://www.irishpsychiatry.ie/product/mental-health-and-capacity-law-conference-2019/)

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 

Monitoring of smartphones and by CCTV in the workplace

I recently participated in an interdisciplinary seminar at UCC on 'Electronic Monitoring in Ireland: Shaping what we do and who we are'.

The title of my talk was 'Monitoring of smartphones and by CCTV in the workplace'. 

I discussed the legal implications of (a) use of smartphones and (b) monitoring by CCTV in the workplace.

Smartphones allow receipt of emails on a 24/7 basis, even when the employee is in theory off duty.  Employees’ locations may also be monitored.  The implications for employees’ mental health and compliance with the Working Time Directive were considered.  CCTV monitoring also raises significant issues, for example regarding the purposes of monitoring and the relationship between data protection law and employment law.

My presentation:
http://bit.ly/monitoring-law

A podcast interview:
"Listen to Dr Darius Whelan (@dariuswirl) speak with Jane Mulcahy (@janehmul) about the monitoring of smartphones in the workplace and the use of CCTV by employers"
https://itunes.apple.com/ie/podcast/dr-darius-whelan-shares-his-thoughts-on-electronic/id1288572014?i=1000408249932

[UCC School of Law Podcast]     If you don't have iTunes, the file is here.

The organisers of the seminar were Dr. Eleanor Bantry-White, Applied Social Studies; Dr. Katharina Swirak, Criminology; Dr. Debora Jeske, Applied Psychology; Dr. Fiona Donson, Law.

Speakers included
Professor Mike Nellis, Emeritus Professor of Criminal and Community Justice in the Law School, University of Strathclyde
Dr. Ciaran McCullagh, Associate Professor, University of Limerick
Gerry McNally, President of the Confederation of European Probation (CEP) and Assistant Director, Irish Probation Service
Professor Frederic Adam, Business Information Systems, UCC
Dr. Eleanor Bantry White, UCC School of Applied Social Studies
Dr. Orla O’Donovan, UCC School of Applied Social Studies

Some tweets may be found at #EMIreland

Case-law referred to in my presentation includes:

UPC Ireland v UNITE and SIPTU (2015)  LCR20938
https://www.workplacerelations.ie/en/Cases/2015/March/LCR20938.html

O'Connor v Galen Ltd (UD 1514/2009)

Köpke v. Germany (2010)
http://hudoc.echr.coe.int/eng?i=001-101536 

López Ribalda v Spain (2018)
http://www.bailii.org/eu/cases/ECHR/2018/14.html

Ali v First Quench (2001)
www.bailii.org/ew/cases/EWCA/Civ/2001/446.html

McGowan v Scottish Water (2004)
www.bailii.org/uk/cases/UKEAT/2004/0007_04_2309.html

Gresham Hotel (Case Study 6 of 2007)
https://www.dataprotection.ie/docs/Case-Studies-2008/c/732.htm#6

Westwood Swimming (2011)
https://www.dataprotection.ie/docs/Case-Studies-2011/1212.htm#9

Employee v Employer (Supermarket Restaurant) UD893/2010 (2012)
https://www.workplacerelations.ie/en/Cases/2012/September/UD893_2010_MN848_2010.html

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]

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/

IT Law Clinic at UCC - dealing with queries from startups

How can you protect the copyright in your images and software?
How can you ensure your site complies with data protection law?
What are the laws on selling online?
What are the rules regarding web domain names?
Can customer data be stored in cloud services?
-  For questions like these, contact the IT Law Clinic

At the IT Law Clinic, UCC law postgraduate students provide information to startups on legal questions.   There is no charge for the service.
Students and academic staff work in partnership with established law firms.
We are part of the European network of ICT law incubators – www.ilincnetwork.eu.

Contact us for more information:
Phone (021) 490 3452.  Email itlawclinic@ucc.ie    

Twitter: @ITLawClinicUCC

www.ucc.ie/law/IT-Law-Clinic
IT Law Clinic, School of Law, University College Cork

Copyright Law for Digital Teaching and Learning event

We held an event on Copyright Law for Digital Teaching and Learning in May 2014 and here is a brief report:

Funded by:
National Forum for Enhancement of Teaching and Learning - www.teachingandlearning.ie.

Theme:  Teaching for transitions - assisting learners in the transition from conventional learning to blended learning or e-learning

Date:  15 May 2014

Link to recording:  http://bit.ly/CDTL-15

Link to slides: http://www.slideshare.net/dariuswirl/presentations

Link to Storify: https://storify.com/dariuswirl/copyright-law-for-digital-teaching-and-learning-ma

Hashtag: #copyrightdtl   -  https://twitter.com/hashtag/CopyrightDTL

Pictures: https://www.flickr.com/photos/dariusw/sets/72157644862628692

Blog Post:  http://irishlawblog.blogspot.ie/2015/07/copyright-law-for-digital-teaching-and.html

Speakers:

Dr Louise Crowley, School of Law, University College Cork
Mr Jason Miles-Campbell, Manager, JiscLegal, Glasgow
Dr Eoin O'Dell, School of Law, Trinity College Dublin
Dr Darius Whelan, School of Law, University College Cork

Key insights from the day:

• In online learning materials, it is better from a copyright law perspective to direct users to find the material themselves rather than providing a copy to them
• The current educational exceptions regarding copyright are very narrow
• The Copyright Review Committee has made important proposals to update the law, but these have not been implemented
• Staff should familiarise themselves with the requirements of the Irish Copyright Licensing Agency (ICLA) licence.
• It can be valuable for an institution to have one team or central unit dealing with copyright
• If using images licensed under Creative Commons, it is important to always use proper attribution

Key contributions from the seminar to the broader Forum outlined theme: 

The seminar advised participants how to create learning materials (for blended and online modules) which comply with Irish copyright law and create assessment tools which comply with copyright law. It developed awareness of developments such as Creative Commons, Open Educational Resources and open source software.  It assisted participants to communicate relevant requirements of copyright law to learners who take part in modules.  Knowledge of these topics will enhance the abilities of participants to provide online or blended courses and enable learners to transition from conventional learning to e-learning.

See also the summary of the day by Caroline Rowan of University of Limerick

Picture by Pat Rice

IT Law Clinic at University College Cork

From September 2015, the School of Law at University College Cork will open an IT Law Clinic.

UCC law students will provide information to businesses in the IT sector on issues such as copyright law, web domain names, electronic commerce law and data protection law. 

Clinic activities will include training on provision of legal information, meetings with IT businesses, guest seminars and engagement in proposals for law reform.

The development of the IT law Clinic builds on UCC’s membership of iLINC, the EU network of ICT Law Incubators (see www.ilincnetwork.eu).

For more information on Intellectual Property and E Law at UCC see www.ucc.ie/law/lawonline/elaw/.

The IT Law Clinic module will be a 5-credit semester 1 LLM module (LW6612).  Students will be admitted  by means of application form and interview. 

For more information contact Dr Darius Whelan (d.whelan@ucc.ie) and Professor Maeve McDonagh (m.mcdonagh@ucc.ie)

www.ucc.ie/en/lawsite/currentstudents/it-law-clinic/

Events in April 2015 and after

CC BY ncarey

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

Here's the current list:


Mon. 13 April 2015:
International conference - Child Protection and the Law, Law Society of Ireland - fully booked
Details at http://www.lawsociety.ie/International_Conference_Child_Protection_and_the_Law%20.aspx

Wed. 15 Apr. 2015:
Digital Rights Europe 2015.  Conference on digital rights issues including privacy, advocacy, security and data protection.
Details at https://www.digitalrights.ie/conference/

Wed. 15    Apr. 2015:       
TJI Seminar Series - Dr Ingrid Samset - 'Peace without prosecutions.  How the amnesty stabilised postwar Angola', Transitional Justice Institute, University of Ulster, Jordanstown campus   
Details at http://www.transitionaljustice.ulster.ac.uk/tji_events.html   

Thu. 16 April 2015:
John M. Kelly Memorial Lecture - Diversity in Family Life: Developments in the Case Law of the European Court of Human Rights, UCD Sutherland School of Law
Details at http://www.ucd.ie/law/eventsseminars/title,231572,en.html

Thu. 16 April 2015:
Are Irish universities committed to Enlightenment ideals? A forum on recent and forthcoming developments in Irish higher education policy and legislation.  Trinity College Dublin.
Details at http://www.cearta.ie/2015/03/a-forum-on-developments-in-irish-higher-education-policy-and-legislation/

Thu. 16 April 2015:
Youth Justice Transformation Conference - Report Launch - ACJRD, Dublin
Details at http://www.acjrd.ie/contents/274

16-18 April 2015:
The Embodied Subject - Northern/Irish Feminist Judgments Project - UCD and Griffith College, Dublin
Details at http://www.feministjudging.ie/?p=1228

Mon. 20 April 2015:
Promoting and Progressing the Rights of Persons from Minority Groups, Maynooth University
Details at https://www.maynoothuniversity.ie/law/events/promoting-progressing-rights-persons-minority-groups

Tue. 21 April 2015:
Investigating human rights violations in the Northern Ireland conflict: has there been impunity? - School of Law, QUB, Belfast
Details at http://www.qub.ac.uk/schools/SchoolofLaw/News/Events/

Thu. 23 April 2015:
Informed Decision-Making for Environmental Law, Policy and Regulation, 13th Annual Law and the Environment conference, School of Law, University College Cork
Details at http://www.ucc.ie/en/lawsite/eventsandnews/title-540526-en.html

Fri. 24 April 2015:
The role of the judiciary in the vindication of human rights - distinguished lecture by Sir Declan Morgan at School of Law, NUI Galway
Details at https://www.facebook.com/photo.php?fbid=10152623122882030

Sat. 25 April 2015:
Mental Health Law Conference 2015, jointly hosted by Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
Details at http://www.ucc.ie/en/ccjhr/events/title-541101-en.html

Mon. 27 Apr. 2015:
Narrative, Power and Commemoration in Conflicted Societies,    TJI Conference,    Belfast  
Details at http://www.transitionaljustice.ulster.ac.uk/tji_events.html   

Thu. 30 Apr. 2015:       
The more things change, the more they stay the same? Socio-economic rights in times of transition,    TJI Conference,    Belfast   
Details at http://www.transitionaljustice.ulster.ac.uk/tji_events.html    

Thu. 30 April 2015:
The Commission's Policy Priorities for the new Procurement Directives, Irish Society for European Law, Dublin
Details at https://www.isel.ie/event/view/103/the-commission-s-policy-priorities-for-the-new-procurement-directives

1-3 May 2015:
Privacy in the 21st Century - A contemporary and Brehon Perspective? Burren Law School. Co. Clare
Details at http://www.burrenlawschool.org

Thu. 7 May 2015:
The Frank Clarke Inaugural lecture - Irish Society for European Law, Dublin
Details at https://www.isel.ie/event
   
Fri. 8    May    2015:
Postgraduate Symposium - Occupation, Transitional Justice and Gender
Belfast campus,    TJI / IRiSS Symposium,    Belfast   
Details at http://www.transitionaljustice.ulster.ac.uk/tji_events.html   

Tue. 12 May 2015:
Commencement of free MOOC on Technology Law  - Understanding the Law in a Digital Age, Law Society of Ireland 
Details at https://mooc.lawsociety.ie  

Mon. 18    May    2015:                   
Dealing with the Past in Northern Ireland: Implementing the Stormont House Agreement.      Conference organised by Amnesty International, the Committee on the Administration of Justice (CAJ), Institute of Conflict Transformation and Social Justice (QUB) and the Transitional Justice Institute (Ulster University), Belfast   
Details at http://www.caj.org.uk/contents/1289

Thu. 21 May 2015:
Annual Review of Important Competition Law Cases and Developments in the EU and Ireland - ISEL, Dublin
Details at https://www.isel.ie/event/view/105/annual-review-of-important-competition-law-cases-and-developments-in-the-eu-and-ireland

21-22 May 2015:
On the Road towards a EU Criminal Justice system: problems, achievements and prospects. Centre for Criminal Justice, University of Limerick.
Details at http://www.ul.ie/law/news/00%5Bnid%5D-forthcoming-conference-centre-criminal-justice

2-4 June 2015:
The State and/of Comparative Law: Juris Diversitas conference, University of Limerick
Details at http://jurisdiversitas.blogspot.ie/2014/12/call-for-papers-state-andof-comparative.html

5-6 June 2015:
Irish Society of Comparative Law conference, University of Limerick
Details at http://irishsocietyofcomparativelaw.blogspot.ie/2014/11/call-for-papers-irish-society-of.html

Fri. 12 June 2015:
Annual  Irish Centre for European Law Procurement Conference, Dublin
Details at http://www.icel.ie/procurement2015

15-19 June 2015:
International Criminal Court Summer School, Irish Centre for Human Rights, NUI Galway
Details at http://www.conference.ie/Conferences/index.asp?Conference=405

22-26 June 2015:
Seventh International Summer School: The UN Convention on the Rights of Persons with Disabilities – Human Rights and Disability-Inclusive Development, NUI Galway
Details at http://www.nuigalway.ie/cdlp/Summer_School_2015/summer_school_2015_info.html

Wed. 24 June 2015:
The Children and Family Relationships Bill 2015 – an overview of the key provisions - Law Society, Dublin
Details at https://www.lawsociety.ie/children-family-law-bill2015.aspx

Fri. 26 June 2015:
International Conference on Wrongful Convictions, Human Rights and Student Learning Experience, Irish Innocence Project, Griffith College Dublin
Details at http://www.innocenceproject.ie  

Fri. 26 June 2015:
Annual  Irish Centre for European Law IT Law Conference, Dublin
Details at http://www.icel.ie/ITlaw2015

Sat. 27 June 2015:
International Wrongful Conviction Film Conference, Griffith College Dublin
Details at http://www.innocenceproject.ie/events/

23-24 Oct. 2015:
Public/Private: Unlocking the Boundaries of Legal Thought, Belfast
Details at http://www.law.qub.ac.uk/schools/SchoolofLaw/News/Title,495213,en.html 

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     

 


 

The Internet at 40: Reflections on Cyberspace

John Naughton - CC BY SA - Sebastiaan ter Burg 

We had a very interesting symposium this morning here in UCC on "The Internet at 40".  It followed two lectures by Professor John Naughton which he had given yesterday on the topic.  John's lectures developed themes from earlier lectures such as this one from March on 'Our Networked Future.'  He also drew on his recent book From Gutenberg to Zuckerberg: What You Really Need to Know About the Internet.  

The symposium was chaired by Professor Cormac Sreenan, and panellists were Karlin Lillington, Theresa Reidy, Alfred Moore and myself.  There were really interesting contributions from the audience as well.  It was organised by Ionad Bairre and Bettie Higgs, the Interim Vice President for Teaching and Learning.

Some of my thoughts were as follows (based on rudimentary notes I made in advance):

I wonder are some people now “pacified” by the web?  Is it the new opium of the people?  Has it replaced religion? What are the key “values” people seek online?  Maybe people look for “coolness” as a value.  “That’s a cool site; that’s a cool video”.  Slickness; humour; entertainment; shopping are all “values”.  All of this masks the fact that code is not neutral (as Lawrence Lessig has said).  Search results are not neutral.  The order of items on your Facebook timeline is not neutral.

However, there are exceptions to corporatisation, e.g. Wikipedia.  Also, activists can fight back on the “coolness” front – e.g. the recent video “Stop Watching  Us” which included Maggie Gyllenhaal, Oliver Stone, John Cusack and  Lawrence Lessig .  The video was produced by a coalition of 100 organisations including the ACLU, EFF and EPIC.  Tim Berners Lee supports the coalition and the video has had 1 million views.  Stop SOPA campaigns were also positive example of activism.  Wikipedia went dark for a day.  

John Naughton speaks of permissionless innovation online, which can be good or bad.  My input on this:  Copyright law can stifle innovation.   History shows the extent of copyright protection has continuously been extended – both in what it covers and in duration.  We now have extremely long durations of copyright such as 70 years after the death of the author.  We have absurd scenarios such as an eBook of Alice in Wonderland with a note in the settings saying “The book cannot be read aloud”.  You cannot easily give your ebook to your partner, child or friend.  It’s not clear how your family will inherit your ebooks when you die.  More absurdity: Ebook vendors can possibly “rescind”  a book from your ebook reader even weeks after you've downloaded it.  Ironically, "1984" by George Orwell  was  rescinded from people’s ebooks in 2009.  

David Cameron said that Google might not have started in the UK.  Fair use in the USA is broader than in Europe.  We need to raise awareness of the limitations of copyright law, and variations between national laws. 

John Naughton refers to the generativity of the internet, as highlighted by Jonathan Zittrain.  My example to flesh this out:  Creative Commons is in a way an example of generativity.  (If you're not familiar with Creative Commons, see www.creativecommons.org.)  People can use Creative Commons licensed works to publicise their work, but still charge for commercial use of their work.  

Important reforms of copyright law have been proposed in the recent report of the Copyright Review Committee - Modernising Copyright.  Unfortunately, the committee is somewhat restrained by EU law in the area, and there's only so much it can do within the confines of EU law.  It is worrying that intellectual property was elevated to the level of a fundamental right in the EU Charter of Fundamental Rights (see Article 17(2)).  Hopefully this will be interpreted in a benign manner by the courts but we can't be sure.  Don't get me wrong - I am not opposed to copyright but I'm concerned about maximalist application of copyright without due regard to rights of users and consumers.

A flavour of thoughts from other speakers (roughly paraphrased):

Alfred Moore:
Recently, there has been a neoliberal rejection of democracy altogether, an emphasis on the free market and the consumer.  There is a disdain for democracy, but we need democratic principles to be to the forefront.

Karlin Lillington:
Data retention laws allow a shocking level of surveillance, akin to giving the keys to your house to the Gardaí.  For human rights defenders (e.g. in Pakistan), anonymity is crucial.  See www.bytesforall.pk.
Engineers and scientists need to learn how to code for human rights and code for society.  There's now a Tech Defenders Network.

Theresa Reidy:
Social media has had a transformative effect on politics, but we need more research on its effects.  Can it be a force for citizen engagement?  Can it challenge the dominance of elites?  Twitter has transformed the dynamic of politics, with the possibility of public two-way conversations between politicians and voters.

John Naughton:
A lot of the surveillance of the web stems from 9/11.  The Snowden revelations have had a huge impact - will they lead to a crisis or merely a scandal?  Engineers need to know about ethics.  Engineers and architects designed the concentration camps in the second world war, but what of the ethical dimension?
Recommended books:  Tim Wu, The Master Switch and Dave Eggers, The Circle.

General Discussion:
How do we raise awareness of these issues?  Can they be included in secondary school curriculum, e.g. in Civic, Social and Personal Education?  At university level, can we ensure that ethical issues are considered?  One way of doing this is to find a staff member in a Department who is passionate on these issues.  Then, they can include technical activities in a module (not necessarily a specific module on ethics) which raise awareness, e.g. set students a task to investigate privacy breaches by apps.
Historical perspectives are vital - people need to be able to see what happened with previous new technologies; previous abuses of power; previous political developments.
Literature and arts shine a light on these areas, e.g. E.M. Forster's 'The Machine Stops' (1909).

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

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

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

Programme:

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

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

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

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

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

7.30: Questions and discussion

Further details on www.constitutionproject.ie

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

Copyright Law in the Educational Context

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

Here are Louise's slides:

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

These were my slides:

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

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

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

Regulating Cloud Computing: Clear Skies Ahead?

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

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

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

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

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

Speakers: 

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

Supported by the UCC Dean of Law’s Strategic Fund

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

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

Continuing Professional Development: 3 hours General CPD

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

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

Students may book by email.

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

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

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

Vacancy - Lectureship in Law, University College Cork

University College Cork - Lectureship in Law

Closing Date for Applications: 28 Jun 2012

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

The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of innovation and excellence in legal education and research, including a contribution to policy development and society.

As one of the largest departments in University College Cork, Law has a distinguished history over many decades of attracting high quality students and recruiting high quality staff nationally and internationally. The Law Department operates with a complement of twenty seven full-time academic staff providing BCL, LLB, LLM and PhD programmes, in addition to an Evening BCL programme.  Moreover, it offers law modules across a range of programmes in all disciplines in the University.

Applications are invited for a three-year temporary Lecturer post in the Department of Law. The post holder, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants will be expected to hold a doctorate, equivalent professional qualification or research experience leading to publication in law. The post holder will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and be actively engaged in research.

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

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

Appointment will be made on the Lectureship Salary Scale (new entrants 2011):

€31,821 - €51,270 / €62,353 - €81,459

 *Existing public servants continuously employed in the public sector on/after 31st December 2010 will be placed on the 2010 salary scales (non new entrants)

To Apply:

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

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

University College Cork is an Equal Opportunities Employer