Tuesday, September 13, 2011

Events in September 2011 and after

This is the listing of forthcoming events from September 2011 on.
For the live listing, see www.irishlaw.org/events/.

Fri. 16 Sep. 2011:
Irish Penal Reform Trust Annual Lecture - Minister Alan Shatter - Dublin
www.iprt.ie/contents/2173

Fri.-Sat. 16-17 Sept. 2011:
Law, State and Religion: An Interdisciplinary Conference in Honour of Dr Shirin Ebadi, UCD, Dublin
www.lawstatereligion.com/

Fri.23 Sept. 2011:
Employment Law Update 2011 - Law Society, Dublin
www.lawsociety.ie/LSPT/

11-15 Oct.2011:
ABA Section of International Law 2011 Fall Meeting - Dublin
http://bit.ly/aba-dub-2011

Tue. 11 Oct. 2011:
Alternatives to Litigation in a Civil Society - School of Law, Trinity College Dublin, International Centre for Dispute Resolution and American Arbitration Association
www.tcd.ie/law/events

Thu. 13 Oct. 2011:
Annual Property Law Conference - Law Society, Dublin
www.lawsociety.ie/LSPT/

Fri.14 Oct. 2011:
Mental Health in the Criminal Justice System: The deliverables of the Department of Health’s ‘Vision for Change’ - ACJRD, Dublin
www.acjrd.ie/contents/109 

Wed. 19 Oct. 2011:
The Law and People with an Intellectual Disability - Dublin
www.inclusionireland.ie/LawConference.asp

Sat. 22 Oct. 2011:
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin
http://bit.ly/hum-rts-22oct11

Thu. 3 Nov. 2011:
Annual Contract Law Update - Law Society, Dublin
www.lawsociety.ie/LSPT/

Tue. 8 Nov. 2011:
Juvenile Justice 2001-2011: Criminal and Welfare Concerns - Dublin
www.acjrd.ie/contents/133

Fri. 11 Nov. 2011:
Political Commitment, Practical Protection: Using the ECHR North and South - Dublin
www.pila.ie/events/2011/11/11/pila-pils-conference/

18-20 Nov. 2011:
Annual Conference of Irish Association of Law Teachers, Athlone
www.ialt.ie/event/ialt-annual-conference-2011

Fri.18 Nov. 2011:
Reflections on the role of European Union law through the financial and economic crisis - Irish Society for European Law (ISEL) and the United Kingdom Association for European Law (UKAEL), Dublin www.ukael.org/upcoming_events.html#isel

Tue. 29 Nov. 2011:
Enduring Powers of Attorney - Law Society, Dublin
www.lawsociety.ie/LSPT/

CURRENT CONSULTATIONS:

Department of Health: Review of Mental Health Act 2001:
Submissions by Fri. 7 October 2011
www.dohc.ie/consultations/open/mental_healthact2011/

Law Reform Commission: "Submissions either verbal or written are welcome at any stage during our deliberations on any topic." www.lawreform.ie/submissions.9.html

Friday, June 03, 2011

Vacancy: Lectureship in Law, UCC



Lectureship in Law

One Year Fixed Term Post

Faculty of Law, College of Business and Law

Applications are invited for this one year post in the Department of Law. The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of providing 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 in 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 full-time temporary one year Lecturer post in the Department of Law. The holder of this post, 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 must hold a post-graduate qualification in law. The post holders will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and to be actively engaged in research.

Informal enquiries may be made to Professor Steve Hedley, Head of Department of Law, email: s.hedley@ucc.ie

Further information on the Department can be found online on www.ucc.ie/en/lawsite/

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). In all instances the successful appointment will be at the first point of the scale

Closing date: 12 noon, Friday, 24th June 2011

Application forms must be completed, and are available, together with further details, on our website at: www.ucc.ie/hr/vacancies or from the Department of Human Resources, University College Cork, Ireland. Tel: +353 21 4903603 / Email: recruitment@per.ucc.ie / Fax: +353 21 4271568

Please note that an appointment to posts advertised will be dependant upon University approval, together with the terms of the employment control framework for the higher education sector

University College Cork is an Equal Opportunities Employer





Wednesday, May 18, 2011

Contrasting Recent Internet Copyright Cases

I wrote an article (available here) for the Sunday Business Post on 8 May contrasting two recent Internet Copyright Cases - the opinion of the Advocate General of the ECJ in Scarlet v SABAM (Press Release Full text in French) and the English High Court judicial review regarding the Digital Economy Act, R. (British Telecom & TalkTalk) v Secretary of State for Business, Innovation and Skills.

In the Scarlet case, the Advocate General issued an opinion against a Belgian court order requiring an ISP to block and filter material which is in breach of copyright. The opinion strongly emphasised the human rights at stake, as expressed in the EU Charter of Fundamental Rights and the Lisbon Treaty. For example, he said the court order unduly restricted the right to privacy of communications and the right to protection of personal data. He acknowledged that such rights could be restricted by law, but considered that the court order was not sufficiently accessible, clear or predictable.

In the British Telecom and Talk Talk case, the English High Court rejected most challenges to Britain’s 2010 Digital Economy Act, which allows blocking of sites that infringe copyright, and ‘‘three-strikes’’ style disconnection for users who breach copyright. Mr Justice Kenneth Parker found that the new scheme laid down by the Act would improve the existing process which involves copyright holders applying to court to seek to identify copyright infringers. The role of ISPs will be ‘‘passive’’, in that they react to notices of infringement drawn up by copyright holders. The holders send the notices to the ISPs which then send them on to customers. While fundamental rights such as privacy and freedom of expression are affected, Parker J. held that the British parliament had struck a proportionate balance between those rights and the property rights of copyright holders. He emphasised that the British government had extensively consulted copyright holders and ISPs before enacting the legislation, and he deferred to Parliament in choosing between policy options.

In Ireland, there have been a number of court cases about the role of ISPs in copyright infringement. In the most recent one, EMI v UPC last October, Mr Justice Peter Charleton decided that he could not grant an injunction restraining UPC from making available to the public sound recordings which infringed copyright. He found that s. 40 of the Copyright and Related Rights Act 2000 did not include an explicit power to authorise an order of this type, as it covered only removal of files, not blocking or diverting access.

At the end of the article, I said that there will be a need for detailed debate in Ireland on the implications of the English and Belgian cases, and the appropriate balance to be struck between the competing rights and interests. A mere superficial amendment of our 2000 Act will not be an adequate response.

Since the article was published, it has been announced that the Irish Government is to review copyright law, by means of a Copyright Review Committee consisting of Dr Eoin O'Dell, Ms Patricia McGovern and Professor Steve Hedley. Submissions to the Copyright Review Committee should be sent to copyrightreview@deti.ie or posted to Copyright Review, Room 517, Department of Enterprise, Jobs and Innovation, Kildare Street, Dublin 2. Submissions should be received by close of business on 30 June.

Thursday, May 12, 2011

ICCL Consultation on the Veil in Irish Schools

The Irish Council for Civil Liberties (ICCL) is organising a consultation on its Policy Paper on the Veil in Irish Schools: An Equality and Human Rights Analysis .

The event is scheduled to take place from 2.15pm-4.30pm on Monday, 23 May 2011 in the Equality Authority, 2 Clonmel Street, Dublin 2 and is aimed at educational managers, educationalists, parliamentarians, public policy makers, legal practitioners, academics and members of civil society.

Corinna Ferguson [see picture above], Legal Officer with UK human rights group Liberty, will discuss her organisation’s recent success in representing 14-year-old Sarika Singh who successfully argued that her school breached race relations and equality laws by excluding her for wearing the kara which is a Sikh bracelet and a central tenet of the Sikh religion.

Tanya Ward, Deputy Director with the ICCL, will outline the ICCL’s recommendations in this area and seek feedback from interested individuals and parties (see paper attached). Ward will also summarise any feedback received to date.

If you are interested in attending this event, please rsvp by 5pm, Friday, 20 May 2011 to Joanne Garvey, Administrator, ICCL, 9-13 Blackhall Place, Dublin 7, Email: joanne.garvey@iccl.ie ; Tel: (01) 799 4504

About Corinna Ferguson

Corinna Ferguson is a barrister and has been a legal officer at Liberty since August 2008. She is currently working on cases concerning religious freedom in the workplace, the duty on the state to investigate allegations of inhuman and degrading treatment in an immigration detention centre and police photography of peaceful protesters. Ferguson is a regular contributor to Liberty’s Legal Clinic which is hosted by the Guardian Newspaper.

About the ICCL’s Paper

The ICCL has prepared a paper for consultation in response to the ongoing debate concerning the wearing of the hijab (head veil) in Irish schools and the Minister for Education and Science’s recommendations on the wearing of school uniforms. The ICCL’s paper considers the likely impact of the recommendations and examines whether exclusions of pupils wearing hijabs or niqabs (full covering) from schools complies with the State’s constitutional, legal and international human rights obligations. The paper also makes recommendations aimed at the Department of Education and Science, patrons of schools and school management and others interested parties in the education sector.

International Copyright Conference to be held in Dublin 30th June - 1st July, 2011

The Copyright Association of Ireland is delighted to be hosting the bi-annual Study Days of ALAI in Dublin over the two days 30th June and 1st July 2011. It’s a rare opportunity to hear leading world copyright lawyers and industry representatives debate pressing issues and reflect on new challenges to copyright paradigms.

Speakers are drawn from academia, international organisations and the copyright industries, with a sprinkling of judges and practitioners. International participants include the President of HADOPI, the French online enforcement agency, and prolific author Professor Silke von Lewinski of the Max Planck Institute. The industry perspective will be represented by speakers from Google and the Walt Disney Corporation. Irish contributors will include Judge Peter Charleton, Professor Robert Clark, and Helen Sheehy, Solicitor, who represented the Plaintiffs in the Eircom/UPC file-sharing litigation.

The cost of the two-day conference package is €400, which includes lunch on both days, and conference dinner on 1st July. There is a special one-day rate of €150. Student discounts are available.

The programme and application forms can be accessed at http://www.alaidublin2011.org/

Monday, May 09, 2011

Conference on OTC Derivatives and the Global Financial Crisis

Fri. 20 May 2011:
Forging a New Regulatory Balance: OTC Derivatives and the Global Financial Crisis - Dublin
www.ucd.ie/reggov/newsevents/body,87212,en.html

UCD Centre for Regulation and Governance

The Global Financial Crisis (GFC) has revealed certain weaknesses in financial regulation, generating both commentary and policy responses.

Within elements of this commentary, over the counter (OTC) financial derivative instruments, in particular, have been held up as a prime example of a market warranting substantially more direct public regulatory intervention, exemplified by recent regulatory proposals emanating from the United States and the European Union. This conference will map out both the historical and emerging nature and operation of both public and private regulation in the OTC derivatives markets. This offers participants a sense of where OTC derivatives regulation has been and where it is likely to go in the future, including its capacity to cope with challenges thrown up by the GFC. This will be coupled with an emphasis on OTC equity derivatives and the particular challenges they present to traditional corporate governance paradigms.
This includes discussion both of the potential benefits of OTC equity derivatives as well as their capacity to skew incentives in the market for corporate control and facilitate a sidestepping of public disclosure rules

This conference will be relevant to lawyers, accountants and other professionals with interest and experience in financial markets.

Venue: UCD Newman House, 85/86 St Stephens Green, Dublin 2

Further Information and Booking Form:

www.ucd.ie/reggov/newsevents/body,87212,en.html

Tuesday, April 19, 2011

Programme for Burren Law School 2011



www.burrenlawschool.org

Extracts from Programme:

Burren Law School 2011
Imagining a New Republic
A Contemporary and Brehon Perspective
Director: Fintan O'Toole
Friday 29th April- Sunday 1st May 2011
Burren College of Art, Newtown Castle, Ballyvaughan, Co. Clare

www.burrenlawschool.org Bookings 065 7077200

Friday 29th April 2011
8.30pm OPENING ADDRESS IMAGINING A REPUBLIC
Theo Dorgan, poet

Saturday 30th April 2011

CITIZENS OR SUBJECTS? CIVIL SOCIETY AND THE REPUBLIC
Professor Fred Powell
Professor of Social Policy and Dean of Social Science, UCC

THE LAW AND THE REPUBLIC
Dearbhail McDonald
Legal Affairs Correspondent, The Irish Independent

John McMenamin
Judge of the High Court

THE IRISH REPUBLIC: THE HISTORY AND FUTURE OF AN IDEA
Dr Iseult Honohan
Senior Lecturer in Politics, UCD

PUBLIC IDEAS FORUM - PECHA KUCHA* SESSION
10 presentations, each lasting 6 minutes
(If you would like to have your say, let us know in advance by emailing anna@burencollege.ie)
This method of presentation was developed by architects in Japan in 2003. The idea is to share a lot of ideas without anyone person taking all the time available. (The architects who started it said all architects talked too much).

Sunday 1st May 2011

THE DUTIES OF RULERSHIP IN BREHON LAW
Professor Donnchadh O Corrain
Emeritus Professor of History, UCC

TOWARDS A NEW REPUBLIC
Justine McCarthy, columnist Sunday Times
Elaine Byrne, Trinity College Dublin
Fintan O'Toole, Irish Times
Dr Tom Hickey, legal and political theorist, UCD

Venue: Newtown Castle, Burren College of Art,
Ballyvaughan, Co. Clare
Tel: 065 7077200 Fax: 065 7077201
www.burrenlawschool.org Email: admin@burrencollege.ie
The Burren Law School is supported by
BURREN COLLEGE OF ART
www.burrencollege.ie

Tuesday, March 08, 2011

U.S./Ireland Legal Symposium to take place in the West of Ireland

The inaugural U.S./Ireland Legal Symposium will take place in Westport, Co Mayo from 11-13 May 2011. This international Symposium will be hosted by the Brehon Law Society of Philadelphia and is supported by the Western Development Commission (WDC), Mayo County Council and Temple University Beasley School of Law in Philadelphia.

Topics relevant to international business exchange are high on the agenda and this event qualifies for CPD hours. Attendees will include Irish and American lawyers, business consultants and businesses operating in Ireland, the United States and the United Kingdom. Delegates will also include representatives from the banking and financial services sector, accountants and tax professionals, venture capitalists, state bodies, government departments and local authorities.

The Symposium will be chaired by Deirdre Somers, Chief Executive of the Irish Stock Exchange (ISE) and Vice President of the Federation of European Securities Exchanges (FESE). Guest speaker at the Gala Dinner will be Enda Kenny TD, Leader of Fine Gael.

Speaking at the launch of the Symposium at Knockranny House Hotel, Joseph T Kelley, President of the Brehon Law Society of Philadelphia said, “The theme of this year’s Symposium is ‘Doing Business in the U.S. / Ireland / Europe – Critical Legal Issues for U.S. and Irish Companies’. The programme will address topics which are essential for international business exchange between both countries and will include import/export regulations, legal trends in the U.S. and Ireland and how to navigate cross border legal risks in intellectual property”.

The WDC is the key instigator in bringing this Symposium to the West of Ireland. It is supported by Mayo County Council in this initiative which dovetails with Government plans for trade, tourism and investment.

U.S. legal groups are no strangers to Ireland as part of their quest for continuing legal education. However, most trips have typically focused on Dublin. The U.S./Ireland Symposium is the first event of its kind to draw lawyers from across the United States and throughout Ireland to an event in the Ireland’s Western Region.

Speakers:

Deirdre Somers: Chairperson for the Brehon Law Syposium; CEO, Irish Stock Exchange

Enda Kenny: Offical address at the Gala Conference dinner; Leader of Fine Gael

Kelly G. Huller: Vice President - Legal, Globus Medical, Inc.

John J. Egan: J Egan & Associates, LLC and J Egan Consulting LLC

The Honorable Joseph Rocks: Chairman and Chief Executive Officer, NHS Human Services

Nevan Elam: Chief Executive Officer, Aero Surgical Limited

Frank Ryan: Chief Executive Officer, Enterprise Ireland

Gerry Kilcommins: President, American Chamber of Commerce

Regina Brehony: Director General, Irish Venture Capital Association

Gillian Buckley: Chief Executive Officer, Western Development Commission

Brendan Cahill: Partner, William Fry

Kieran Cowhey: Partner, Dillon Eustace

Jeanne Kelly: Partner, Mason Hayes & Curran

John Malady: Principal, Malady and Wooten Public Affairs

Kevin Dooley Kent: Shareholder, Conrad O'Brien PC

Joseph T. Kelley Jr.: Founder/Managing Partner, Kelley & Murphy

Agenda

The following topics will be addressed by Irish, European and U.S. speakers and panelists at the Symposium:*

Accessing Capital and Starting Up a Business

Attracting venture capital, capital finance, banking (bulleted list)
State funding and grant assistance
Legal structure and formations, redomiciliation, mergers and acquisitions and other areas of corporate law
Public private partnerships
Current tax and accounting issues

Conducting Business/Comparative Analysis

Employment and Benefits
Insurance
Immigration
Lobbying
Public Law, Regulatory Law
Intellectual Property Law
Legal issues relevant to Hi-Tech Industries
Corporate Social Responsibility and Corporate Governance
Investigations and Fraud
Contracts and Commercial Transactions

Litigation and Dispute Resolution

Commercial/Regulatory Litigation
Alternative Dispute Resolution
Ireland as a Forum for Alternative Dispute Resolution

* Topics are subject to change. A final program will be circulated to all delegates and interested parties as speakers and panels are confirmed

The website for bookings etc is www.brehonsymposium.com.

Monday, March 07, 2011

FitzPatrick Family Foundation Doctoral Scholarship (Criminology, Criminal Justice, Penology)

FitzPatrick Family Foundation Doctoral Scholarship

UCD Institute of Criminology

University College Dublin

Closing Date: Friday April 22nd

The UCD Institute of Criminology, part of UCD’s School of Law, is pleased to offer one doctoral scholarship in the area of criminology/ criminal justice / penology.

Applications are sought from exceptional graduates for a scholarship to undertake on a full-time basis a four year funded PhD programme of research in the fields of criminology, criminal justice, or penology. The scholarship is being generously funded by the FitzPatrick Family Foundation. It is available to candidates commencing their studies in September 2011 and is tenable for a maximum of four years, renewable each year subject to satisfactory progress.

In addition the payment of fees there is an annual stipend of €16,000 per annum (plus a €500 conference attendance allowance) and is open to Irish, EU and International applicants. In the case of non EU applicants any offer is conditional on the applicant demonstrating at the time of accepting the offer that s/he has sufficient funds to supplement the living allowance to cover the cost of living in Dublin. Information for international students contemplating a period of study at UCD is available at: http://www.ucd.ie/international

To apply please submit an application on-line at http://www.ucd.ie/apply/. Letters of application should be accompanied with a proposal for research (300-500 words in length).

Please also send a covering letter explaining

· why you wish to undertake a PhD, and in particular, why you wish to undertake a PhD at UCD Institute of Criminology.

· why you would be a suitable recipient for the scholarship.

This letter should be no more than 2 sides of A4 single-spaced and can be sent either as an email attachment to niamh.mccabe@ucd.ie or in hard copy to Ms. Niamh McCabe, Graduate Programme Manager, School of Law, UCD, Roebuck Castle, Belfield, Dublin 4, Ireland. Please note that it is your responsibility to ensure that references are received before the closing date for this scholarship.

Please direct any queries regarding the application process to Niamh McCabe at the above email address or by telephone on + 353 1 716 8769.

Late applications will not be accepted.

All applicants will be notified of the outcome of the decision of the scholarship committee. No correspondence will be entered into about the committee’s decision.

Thursday, March 03, 2011

Vacancy - Professorship of Law at UCC

Applications are invited for the post of Professor of Law at University College Cork to lead research, contribute to UCC’s national and international profile in Law, and play a critical role in attracting external research funding. The Department of Law at University College Cork is recognised as one of the University’s centres of excellence in research and teaching. The Department of Law at UCC has 46 full-time and part-time teaching and research staff with a large undergraduate and growing postgraduate student body with a strong doctoral programme.

The Department of Law at UCC has an outstanding record of research and publication, a strong and vibrant research culture and has been the recipient of numerous major national and international grants and awards. The appointee will be expected to play a pivotal academic leadership role in further developing these strengths and to be a distinguished contributor to research and teaching at both undergraduate and postgraduate levels, PhD supervision and administrative elements of the Department

UCC law academics are centrally involved in the development and implementation of College and University policies and strategies and the Law Faculty is well-known also for its public engagement and its contribution to professional, civil and legal life at national and international level.

The appointee shall be an outstanding legal scholar of international standing and shall have a significant track-record of sustained internationally published research. S/he will have the capacity to act as Dean of the Faculty of Law together with the requisite communication, management, administrative and leadership skills.

For further information on the post and Department see www.ucc.ie/hr/vacancies/academic

Salary Scale (Scale B): €113,604 - €145,953

Completed application forms must reach the Recruitment Office, Department of Human Resources, University College Cork, Ireland, before 12pm on Friday 8th April 2011.

University College Cork is an equal opportunities employer.

Tuesday, February 22, 2011

Constitutional Law: An Update - UCD Constitutional Studies Group seminar


Constitutional Law: An Update

School of Law, Roebuck Castle, University College Dublin

Wednesday March 2nd 2011

6.00-8.30 pm

2.5 CPD HOURS

Conference schedule

5.45 Registration.
6.00 The top 20 cases of 2010 — Eoin Carolan.
6.30 Questions and answers

6.40 Recent developments in Irish constitutional law – Eoin Carolan.
7.20 Questions and answers

7.30 Constitutional Reform: a new conventional wisdom? – John O’Dowd.
8.10 Questions and answers.

Booking Details
Conference Fee: €60 (practitioners of at least 5 years experience; government representatives)
Conference Fee: €45 (practitioners of less than 5 years experience; students; NGO representatives; the
unwaged).

To Reserve a Place: sinead.hennessy@ucd.ie

Speaker Details

Eoin Carolan B.L. is a practising barrister and a lecturer in Constitutional Law in University College
Dublin. He has contributed to a number of works in this area, including The New Separation of
Powers (Oxford University Press, 2009), The Irish Constitution: Governance and Values (Thomson
Round Hall, 2008) and The Right to Privacy (Thomson Round Hall, 2008). He is also the internal examiner for the FE-1 examinations for the Law Society of Ireland.

John O’Dowd has lectured constitutional law in UCD since 1992. He a member of the European
Group of Public Law and regularly contributes to conferences and publications of that international group of experts on constitutional and administrative law and in other fora. He is the internal examiner for Irish Constitutional Law in the entrance examination for the Degree of Barrister at Law in the King’s Inns.


www.ucd.ie/law/constitutionalstudiesgroup/events/


More events: www.irishlaw.org/events/



Friday, February 04, 2011

Constitutional Reform Seminar Series: Health Care and Children's Rights

Constitutional Reform Seminar Series: Health Care and Children's Rights
University College Cork


The third seminar in the Constitutional Reform Seminar Series will take place on Friday 25th February 2011 in Brookfield Health Sciences Room G10.
This session will focus on health care and children's rights. Confirmed speakers for the seminar include:

Maeve Lewis, Executive Director, One in Four
Claire Hayes, Lecturer, School of Nursing and Midwifery
Mary Hughes, Lecturer, School of Nursing and Midwifery
Dr Mary Donnelly (Seminar Chairperson), Faculty of Law

The seminar is free to attend and open to all. However, as places will be limited, please confirm your place by sending an email in advance to Shannon at childrensrightsseminar@gmail.com . The seminar will run from 1-3 pm with coffee/tea beforehand.

The seminar is organised by the Faculty of Law, the School of Applied Social Studies, the Irish Social Sciences Platform, and the ISS21 Children and Young People Research Cluster. The seminar is funded by PRTLI4 through the ISS21 Children and Young People Research Cluster

The full text of the Joint Committee on the Constitutional Amendment on Children (2010) report is available at this link: www.oireachtas.ie/viewdoc.asp?DocID=9925.

Best wishes

Dr Ursula Kilkelly (Law), Dr Conor O'Mahony (Law) & Dr Kenneth Burns (Applied Social Studies)

University College Cork

www.ucc.ie/en/iss21/

Tuesday, February 01, 2011

Call for Papers Centre for Criminal Justice and Human Rights Postgraduate Conference 2011

The Centre for Criminal Justice and Human Rights at University College Cork is pleased to announce its fifth Annual Postgraduate Conference which will take place on Thursday, 28th April, 2011. The conference is aimed at those who are undertaking postgraduate research in the areas of criminal law, criminal justice and human rights. The Organising Committee is particularly eager to incorporate multi-disciplinary perspectives. Abstracts are welcome from scholars from disciplines outside of law (such as politics, social studies, sociology and philosophy, for example) who are working on related topics.

The theme for this year's event is “Human Rights Protection and Criminal Justice in the Age of Crisis”. The aim is to reflect upon the impact of crises on fundamental rights protection and the criminal law. We hope that this theme will encourage debate on the challenging and complex questions which arise in turbulent times. We are especially interested in papers that relate to human rights, criminal justice, criminal law or the intersection of these fields. However, we also welcome papers dealing with issues outside these areas that fall within the broader theme of the conference. Papers will be streamed thematically. Anticipated sessions include "Contemporary Discourse in Criminal Law", "Civil Liberties, Technology and State Security Claims" and "International Law, Human Rights and Development Policy". Session titles will be finalised based on submissions, and the Committee also invites proposals for additional streams.

This international one-day event has attracted promising research scholars from Ireland, the UK and Europe in the areas of law, politics, philosophy and the related social sciences. This year's conference aims to build on this success.
Details of the keynote speaker will follow shortly.
Please submit an abstract (max. 300 words) to the organising committee by Friday 18th February 2011. Successful conference submissions will be notified by Friday, 4th March 2011. Submissions and further enquiries should be directed to ucclawconf@gmail.com.
--
UCC Law Postgraduate Conference
Department of Law
University College Cork
Western Road
Cork
Ireland

ucclawconf@gmail.com

http://twitter.com/ucclawconf - Feel free to retweet to friends and colleagues!

Tuesday, January 25, 2011

Events from January 2011 on

=== Forthcoming Events ===
Details of events at http://www.irishlaw.org/events/
To receive an e-mail each time a new event is added, use this link to submit your e-mail address:
http://url.ie/5zj
Organisers of events: To submit your event for consideration, see information at http://www.irishlaw.org/events/submit.shtml

Fri.28 Jan. 2011
Remedies in EU Law - Irish Centre for European Law, Dublin
http://www.icel.ie

Tue. 1 Feb. 2011, 6.15 p.m.:
"If These Walls Could Talk: The Graffiti of Female Prisoners" - Irish Women Lawyers Association, Dublin
http://bit.ly/iwla-jan

Wed. 2 Feb. 2011:
The EU and International Law: Uneasy Bedfellows - Professor Takis Tridimas at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Sat.12 Feb.2011, 10.00-4.30:
Contemporary Issues in Child and Family Law, presented by the Department of Law, Dublin Institute of Technology, in association with Fulbright Ireland
http://www.dit.ie/socialscienceslaw/newsevents/

Wed. 16 Feb. 2011:
Religion and Human Rights: Towards a Better Understanding - Professor Mashood Baderin (SOAS) at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Tue.22 Feb. 2011:
The Legal and Policy Challenges of Financial Elder Abuse - National Centre for the Protection of Older People, Dublin
http://www.ncpop.ie/index.php?uniqueID=8

Wed. 23 Feb. 2011:
The Middle East International Law Dynamics - Mr Solon Solomon at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 24 Feb. 2011:
The General Principles of EU Law in the Light of the Rulings in Mangold and Kücükdeveci -
Professor Michael Dougan (University of Liverpool) at Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Mon.28 Feb.2011:
Irish Approaches to Justice, Special Edition of the Irish Journal of Legal Studies: Call for Papers; Expressions of interest to n.howlin@qub.ac.uk by 28 February

1-2 April 2011:
The Legacy and Future of the ECHR: Evaluating Sixty Years of the European Human Rights Project - University College Dublin School of Law PhD Workshop on Human Rights
http://www.ucd.ie/law/newsevents/name,73847,en.html

11-12 April 2011:
British and Irish Law, Education and Technology Association conference - Manchester
http://www.bileta.ac.uk

12-14 April 2011:
Socio-Legal Studies Association conference - Brighton
http://www.slsa.ac.uk/content/view/179/139

19-21 April 2011:
Crossing Borders: Legal Education United - Association of Law Teachers, Cardiff
http://www.lawteacher.ac.uk/events/?id=20

Fri.-Sat. 29-30 April 2011:
Irish Society of Comparative Law Annual Conference, UCD School of Law, Dublin
Call for Papers - The Society is seeking especially proposals which place Irish law (in either part of Ireland) in a comparative dimension but is also open to comparative analyses from other legal systems. Any topic in comparative law or legal systems may be proposed: private or public law, criminal law and criminal justice, legal education, legal history, etc.
http://www.irishlaw.org/events/iscl-cfp-2011.pdf

29 April-2 May 2011:
Burren Law School 2011
http://www.burrenlawschool.org/programme.html

16-18 June 2011:
British and Irish Association of Law Librarians conference - Newcastle
http://www.biall.org.uk

CURRENT CONSULTATIONS:
Law Reform Commission:
"Submissions either verbal or written are welcome at any stage during our deliberations on any topic."
http://www.lawreform.ie/submissions.9.html

Irish Human Rights Commission - Have your say on Ireland's human rights record
The IHRC, as Ireland's National Human Rights Institution, will submit its own report for the Universal Periodic Review process. To inform our report, the IHRC welcomes contributions from the Irish Public and its other stakeholders. Submissions for consideration in our report should be made to the IHRC by 14 February 2011.
Members of the Public can write to us outlining their human rights concerns at upr@ihrc.ie
Stakeholders are also invited to submit their views for consideration in the IHRC's Report at upr@ihrc.ie

=== About Irish Law Updates ===

To join or leave the Updates list, go the main page of the Irish Law Site at UCC at http://www.irishlaw.org and insert your name and e-mail in the relevant box.

The Irish Law Updates e-mail list is used for periodic updates on issues of importance to Irish and Northern Irish law on the Internet. It is a low-traffic list, with a maximum of one message per week.
For the separate Irish Law discussion list, see the 'Join or Leave the IrishLaw list' link on the Irish Law site at http://www.irishlaw.org.

Members of the Irish Law discussion list automatically receive all the Irish Law Updates messages as well, so there is no need to join the two lists.
The Updates list currently has 1,760 members. When combined with the 530 members of the IrishLaw Discussion list, these messages are received by 2,290 people.
For the RSS feeds see the buttons on the Irish Law home page - http://www.irishlaw.org
To receive an e-mail each time a new event is added to Irish Law Events, use this link to submit your e-mail address:
http://url.ie/5zj

To receive an e-mail each time a new post is added to the Irish Law Updates blog:
http://www.feedblitz.com/f/?Sub=135134
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For instructions on how to feed Irish Law updates to your desktop see http://www.irishlaw.org/siteinfo/syndication.shtml
Twitter Feed: http://twitter.com/dariuswirl

For further information contact Dr Darius Whelan, Law Department, University College, Cork, e-mail d.whelan@ucc.ie
University College Cork Law Faculty website - http://www.ucc.ie/law/

If These Walls Could Talk: The Graffiti of Female Prisoners

The Irish Women Lawyers Association (IWLA)

are hosting a talk by

Niamh O’Sullivan BL

former curator of Kilmainham Gaol archive
and author of Every Dark Hour and Written in Stone

entitled

"If These Walls Could Talk: The Graffiti of Female Prisoners"

at 6.15 p.m. on Tuesday 1st February 2011

in the Multimedia room, Distillery Building
145/151 Church Street
Dublin 7

Refreshments will be served

This event is free to all members of IWLA.
A nominal fee of €5.00 will be charged to non members who wish to attend.

In order to assist in the organisation of refreshments please indicate if you are attending by e-mailing events@iwla.ie, or by phone to 087-9480388 by Friday 29th January 2011.

Information on IWLA is available on the website: www.iwla.ie.

Monday, January 17, 2011

CFP - Irish Society of Comparative Law

The ISCL Annual Conference will take place on 29-30 April 2011 in University College Dublin School of Law.

Call for Papers

The Society is seeking especially proposals which place Irish law (in either part of Ireland) in a comparative dimension but is also open to comparative analyses from other legal systems. Any topic in comparative law or legal systems may be proposed: private or public law, criminal law and criminal justice, legal education, legal history, etc.

The closing date for submission of abstracts is 21 February 2011.Abstracts should be submitted to Dr. Marie-Luce Paris at marieluce.paris@ucd.ie.

www.irishlaw.org/events/iscl-cfp-2011.pdf

http://irishsocietyofcomparativelaw.blogspot.com

Friday, September 03, 2010

Events in September 2010 and after

Events in September 2010 and after include the following.
For full listings see www.irishlaw.org/events/

Thu.9 Sep.2010:
Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html


Fri.10 Sept.2010:
International conference on Gender Equality, Citizenship and Multiculturalism in Contemporary Europe - Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/en/ccjhr/fullstory-105503-en.html


13-16 Sept.2010:
Society of Legal Scholars Annual Conference 2010 - Southampton
http://www.legalscholars.ac.uk/southampton/index.cfm

Thu.16 Sep.2010:
The Future of Human Rights in the UK - Northern Ireland Human Rights Commission Annual Conference, Belfast
http://www.nihrc.org/index.php?page=events&Itemid=106

Tue.21 Sep.2010:
An Introduction to Energy and Environmental Law - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.23 Sep.2010:
Shifting Focus: From Criminal Justice to Social Justice - Dublin
http://www.iprt.ie/contents/1793

Thu.30 Sep.2010:
Civil Partnership Act - Limerick
http://www.iwla.ie/seminars.htm

Tue.5 Oct.2010:
Keeping up with the Neighbours: Equivalence of Human Rights Protections since the Agreement - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.-Sat.8-9 Oct. 2010
Canadian-Irish Family Law Judicial Conference, Maynooth, Co. Kildare
http://www.familylaw2010.com

Fri. 8 Oct. 2010:
Criminal Litigation Update - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.14 Oct. 2010:
Recent Equality Decisions - Dublin
http://www.iwla.ie/seminars.htm

Fri.15 Oct.2010:
Women in the Criminal Justice System - Association for Criminal Justice Research and Development, Dublin
http://www.acjrd.ie/contents/51

28-29 Oct.2010:
Annual Conference on European Migration Law - Trier
http://www.era.int

Fri-Sat.19-20 Nov. 2010:
Forgotten Rights, Forgotten Concepts - Conference as part of ICHR 10th Anniversary Celebrations - NUI Galway
http://www.nuigalway.ie/human_rights/10thanniversary.html

Thu.25 Nov.2010:
Annual Family Law Conference - Law Society, Dublin
http://www.lawsociety.ie/LSPT/

Thu.25 Nov. 2010:
Ombudsman for Children - Limerick
http://www.iwla.ie/seminars.htm

Fri.26 Nov. 2010:
Thirty Years of Irish Scholarship: Lessons from the Past, Visions for the Future - Irish Association of Law Teachers, Limerick
http://www.ialt.ie/event/annual-conference

Thursday, June 24, 2010

White Collar Crime Lecture Series - Part 1

Irish Women Lawyers Association (IWLA) White Collar Crime Lecture Series - Part 1

Saturday, July 3rd 10.00-1.00pm

Green Hall, Law Society of Ireland, Blackhall Place, Dublin 7

9.30: Registration

10.00 Regulatory Crime
Dr. Shane Kilcommins, Law Department, UCC

10.30 Corporate Enforcement - Breaches of Company Law & Corporate Governance
Kevin Prendergast, Corporate Compliance Manager ODCE.

11.00 Q & A

11.15 Coffee & Networking

11.45 The Challenges in the Prosecuting of White Collar Crime
Detective Sergeant Catharina Gunne, Commercial Fraud Investigation Unit, GBFI

12.15 Money Laundering. Detective Sergeant
Clodagh White, Financial Intelligence Unit - attached to the GBFI

12.45 Q & A and Networking

Cost : I.W.L.A Members €25; Non-Members: €50;
Students, devils, apprentices, or those under 5 years practice or unwaged: €15.

SPECIAL OFFER: Join/renew membership of IWLA & book for the conference at a special price of €50.

To book : email admin@iwla.ie or post to: IWLA, The Distillery Building, 145 - 151 Church St., Dublin 7.
Cash or cheques payable to "IWLA" (No credit card facilities available)
This conference may be accredited for CPD hours and is open to all interested parties (i.e. not confined to IWLA members)

www.iwla.ie

Friday, May 21, 2010

Irish Mental Health Lawyers Association seminar - Dublin, 27 May 2010

Irish Mental Health Lawyers Association
Seminar and Launch of Irish Mental Health Lawyers Association website http://www.imhla.org/

Launch of website by Miriam O'Callaghan

Brief Presentations will be given by:

Darius Whelan, Faculty of Law, University College Cork, on Reforming Mental Health and Mental Capacity Law

Ciaran Craven B.L., MB, B.Ch, BAO, B.Sc

Lianna Murphy, Project Officer with the Public Interest Law Alliance (PILA), a project of Flac, on Opportunities for Public Interest Law in Ireland

Date: Thursday 27th May 2010
Venue: Distillery Building, 145-151, Church St., Dublin 7.
Time: 6.00pm

Seminar Fee: Members - 30 euro / Non-Members - 60 euro

CPD points will be awarded for attendance at this Seminar

Name : ...........................................................
Address:..............................................................................................................................................
Telephone:....................................................... Fax:................................................................
email:........................................................................................................................................

Those wishing to attend should complete this Registration Form, and send it to:

Joan Doran Solicitor, 26, Upper Pembroke Street, Dublin 2.
Fax: 01 637 3933 / Email: joan@joandoran.com

http://www.imhla.org/

Wednesday, May 05, 2010

Events in May 2010

Other events are listed at www.irishlaw.org/events/


Wed.5 May 2010:
Practical Implications of the Land and Conveyancing Law Reform Act 2009 - Dublin
http://bit.ly/cZj88o

Fri.7 May 2010:
Using international law: the European Social Charter and UN treaty body complaints procedures - Dublin
http://bit.ly/flac-7May2010

Sat.8 May 2010:
Medical Negligence: Recent Developments Impacting on Practice - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Wed.12 May 2010:
Seminar on the Civil Partnership Bill 2009 - Irish Women Lawyers Association, Dublin
http://www.iwla.ie/seminars.htm

10-14 May 2010:
Mediation Training for Family Lawyers - Dublin Solicitors Bar Association
http://bit.ly/alLq45

Fri.14 May 2010:
Symposium: Towards a Gender Recognition Framework for Ireland - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97981,en.html

Fri.14 May 2010:
Legal Education Symposium - University of Limerick
http://tinyurl.com/legaled-14may10

Sat.15 May 2010:
Trial by Media- Media and the Criminal Law - Irish Criminal Bar Association Conference
http://www.icba.ie/news-events/

Sat.15 May 2010:
Probate and Succession: Recent Developments Impacting on Legal Practice - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Wed. 19 May 2010:
Annual Human Rights Lecture 2010 - Law Society, Dublin - Mr Morris Dees
http://www.lawsociety.ie/pages/Events/Annual-Human-Rights-Lecture-2010/

Thu.20 May 2010:
Launch of Irish Human Rights Law Review - Dublin
http://bit.ly/ihrlr-launch

Thu.20 May 2010:
Re-conceptualising Fair Trial Rights for the 21st Century - Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.21 May 2010:
Expanding Equality Protections in Goods and Services: Irish and EU Perspectives - Equality Authority conference, Dublin
http://www.equality.ie/index.asp?locID=317&docID=854

24 May-4 June 2010:
International and Comparative Disability Law: Global & Regional Perspectives - Summer School at NUI Galway
http://www.nuigalway.ie/cdlp/summer_school/welcome.html

Fri.28 May 2010:
Society of Trust and Estate Practitioners Ireland Annual Conference - Restructuring Family Affairs in 2010 - Dublin
http://www.step.ie/newsevents.php?id=81

Sat.29 May 2010:
Schools and the Law 2010: Coping with New Challenges - Trinity College Dublin
http://www.tcd.ie/Law/Events/

Follow Irish Law Events on Twitter - http://twitter.com/irishlawevents

Monday, March 22, 2010

This blog has moved

This blog is now located at http://irishlawblog.blogspot.com.
You will be automatically redirected in 30 seconds, or you may click here.

For feed subscribers, please update your feed subscriptions to
http://irishlawblog.blogspot.com/feeds/posts/default.

(If you are subscribing via feedburner, there is no need to update your feed as I have changed the feedburner settings.)

The reason for the change is that Blogger is discontinuing support for publication of blogs via FTP from 1 May 2010.

Forthcoming Legal Events

Mon.22 March 2010:
Irish Prison Law and the ECHR - Dublin
http://www.iprt.ie/contents/1583

Wed.24 March 2010:
Family Law and the EU - Irish Society for European Law - Dublin
http://www.isel.ie/index.php?option=com_gigcal&Itemid=60

Wed. 24 March 2010:
Positive Obligations and the European Convention on Human Rights - Queen's University Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

29-31 March 2010:
Association of Law Teachers Annual Conference - Cambridge
http://www.lawteacher.ac.uk/events/?id=18

29-30 March 2010:
British and Irish Law, Education and Technology Association (BILETA) Conference 2010 - Vienna
http://www.univie.ac.at/RI/BILETA2010/

Fri.2 April 2010:
Closing Date for Call for Papers, Fourth Legal Education Symposium, University of Limerick

School of Law
University of Limerick

FOURTH LEGAL EDUCATION SYMPOSIUM

Call for Papers

Dear Colleagues,

The Fourth Legal Education Symposium will be hosted by University of Limerick on Friday, 14th May 2010.

In addition to the plenary sessions, we will have some interesting workshops, as is usual at the symposia.

There are eight topics below and I welcome your proposals for papers and contributions in respect of these. Those themes which inspire most interest will run as workshops.

Each presenter should anticipate a delivery time of approximately 15 minutes, to leave some additional time for questions and discussion.

The possible themes are:

Interdisciplinary law degrees
Clinical legal education

E-learning
Integration of teaching and research

Law teacher as mentor
Law for non-law students

Engaging students with the curriculum
Undergraduate legal writing

Interested parties should submit an abstract of their presentation before Friday 2nd April. The abstract should consist of a 300-500 word description of content and be sent to sinead.eaton@ul.ie .

Holmes O’Malley Sexton, Solicitors have kindly agreed to sponsor the Fourth Legal Education Symposium.

Fri-Sat.9-10 Apr.2010:
Law Society Annual Conference - Kilkenny
http://tinyurl.com/lawsoc-kilkenny

Fri-Sat.9-10 Apr.2010:
Corporations and Armed Conflict: The Role of International Law - NUI Galway
http://www.nuigalway.ie/human_rights/upcomingconferences.html

Mon.12 April 2010:
The Arbitration Act 2010 - Dublin
http://www.arbitration.ie/events.php?pid=viewevent&event_id=49

Fri.16 April 2010:
Public interest law in action: using law to face current challenges - Dublin
http://bit.ly/flac-16apr2010

Fri.16 April 2010:
Deadline for call for papers: The Children’s Convention at 21: The Rights of the Child Come of Age? - University of Ulsetr (Magee)
http://www.socsci.ulster.ac.uk/law/conf1/


Sat. 17 April 2010:
Symposium on Jurisprudence and Legal Theory - University College Cork
http://tinyurl.com/juris-cork-2010

Wed.21 April 2010:
Fatherhood, Law and Personal Life: Rethinking Debates about Fathers and Law - Inaugural Annual Law and Society Lecture, School of Law and Government, Dublin City University
http://bit.ly/dcu-apr-2010

Thu.22 Apr.'10:
Law and the Environment Conference - University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Fri.23 April 2010:
Financial Services Update: Regulation and Acquisitions - Irish Centre for European Law - Dublin
http://www.icel.ie/events_currentprogramme.php

Sat.24 April 2010:
International and Comparative Perspectives on Employment and Disability Law - NUI Galway
http://www.nuigalway.ie/cdlp/ICPED/welcome.html

Thu.29 Apr.'10
Borders of Justice: Locating the Law in Times of Transition - UCC Centre for Criminal Justice and Human Rights Postgraduate Conference 2010 - University College Cork
http://www.ucc.ie/en/ccjhr/

Sat.1 May 2010:
Deadline for Call for Papers - 'Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html

3-4 May 2010:
Annual Seminar on EU Law 2010 - ERA, Trier, Germany
http://www.era.int

Fri.7 May 2010:
Using international law: the European Social Charter and UN treaty body complaints procedures - Dublin
http://bit.ly/flac-7May2010

Fri.14 May 2010:
Symposium: Towards a Gender Recognition Framework for Ireland - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97981,en.html

Fri.14 May 2010:
Legal Education Symposium - University of Limerick
http://tinyurl.com/legaled-14may10

Sat.15 May 2010:
Trial by Media- Media and the Criminal Law - Irish Criminal Bar Association Conference
http://www.icba.ie/news-events/

Fri.28 May 2010:
Society of Trust and Estate Practitioners Ireland Annual Conference - Restructuring Family Affairs in 2010 - Dublin
http://www.step.ie/newsevents.php?id=81

Thu.-Fri. 3-4 June 2010:
Current Problematic Issues in the Law of the Sea - Trinity College Dublin
http://www.tcd.ie/Law/Events/LawoftheSea.php

Thu.-Fri. 3-4 June 2010:
Mastering Law: Conflicts, Challenges and Solutions in Today's Society - N.U.I Galway Law Society Conference, Faculty of Law
http://www.masteringlaw.org

10-12 June 2010:
British and Irish Association of Law Librarians (BIALL) Annual Conference - Brighton
http://www.biall.org.uk/events.php

17-19 June 2010:
Regulation in the Age of Crisis: ECPR Standing Group on Regulatory Governance Biennial Conference - Dublin
http://regulation.upf.edu/index.php?id=dublin_2010

19-20 June 2010:
The Children’s Convention at 21: The Rights of the Child Come of Age? - University of Ulster (Magee)
http://www.socsci.ulster.ac.uk/law/conf1/

Mon.-Tue. 21-22 June 2010:
North-South Criminology Conference - University of Ulster
http://www.socsci.ulster.ac.uk/policy/conference/

5-23 July 2010:
E Law Summer Institute 2010 - University College Cork Faculty of Law
http://www.ucc.ie/en/lawsite/students/elsi/

Thu.9 Sep.2010:
Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship - Cork
http://www.ucc.ie/en/ccjhr/fullstory,97939,en.html

13-16 Sept.2010:
Society of Legal Scholars Annual Conference 2010 - Southampton
http://www.legalscholars.ac.uk/southampton/index.cfm

Tuesday, December 01, 2009

Dublin Archdiocese Report and the Law

Does the law need to be changed as a result of the Dublin Archdiocese Report on Child Sexual Abuse (the Murphy report, 2009)?

The report includes the following at pages 104 and onwards (edited):

"6.21 The Child Care Act 1991 was the first Act to place statutory responsibility on the health boards to promote the welfare of children not receiving adequate care and protection. Its only reference to child sexual abuse was to provide that sexual abuse of children would be among the criteria for seeking court orders.

"6.22 The stated purpose of the Child Care Act 1991 is “to provide for the care and protection of children and for related matters. Section 3 of the Act places a statutory duty on health boards to promote the welfare of children who are not receiving adequate care and protection. This section came into effect in December 1992....

"6.24 Section 69 provides that “The Minister may give general directions to a health board in relation to the performance of the functions assigned to it by or under this Act and the health board shall comply with any such direction”. No such direction has been issued.

"6.25 As is pointed out in the Ferns Report, this new obligation was not accompanied by new powers to intervene in specific situations. When introducing the Bill in 1988, the Minister for Health talked about the “imaginative use” of the new provisions. Legal provisions need to be clear and unambiguous with little scope for, and no requirement to use, imagination.

"6.26 As already stated, the Health Act 1970 did not enumerate all the functions of the health boards. The Health Act 2004 which established the Health Service Executive (HSE) is drafted in a similar way: it confers on the HSE those functions which were formerly carried out by the health boards. The Commission considers that it would be preferable if there was a clear unambiguous listing of the statutory functions and powers of the HSE so that there could be no doubt about the extent of its power to intervene in child protection issues.

What is the role of the health authorities in relation to clerical child sex abuse?

"6.27 Under the Child Care Act 1991, the health boards, and now the HSE, have a general duty to promote the welfare of children who are not receiving adequate care and protection. The Commission agrees with the Ferns Report analysis of the powers of the health boards. The Ferns Report takes the view that the powers conferred on the health boards by the 1991 Act are designed to protect a child from an abusive family situation. It is the parents or guardians who are responsible for dealing with the matter in cases of third party or extra-familial abuse. The Ferns Report also points out that the powers available to the health boards under the 1991 Act are not significantly greater than those available under the 1908 Act.

"6.28 Notification to the health board of alleged abuse by priests does not seem to serve any useful purpose if the health boards do not have any power to do anything about it.

"6.29 The method by which the boards recorded such notifications, that is, by the name of the child, while appropriate for family abuse, is not appropriate for extra-familial abuse. There is no point in recording alleged abuse by a person who is in a public position, for example, a priest, a teacher, sports coach, by the name of the abused person. This information needs to be recorded by the name of the alleged abuser and by the school, parish, sports club or other relevant body. The Commission is not aware of any legal reason why this information could not be collated and classified in this way by the HSE. For the avoidance of doubt, the Commission considers that the HSE should be given specific statutory power to maintain such a record.

"6.30 The Commission is not suggesting that it would be appropriate for the HSE to have the power to intervene where the child is being appropriately cared for by parents or guardians. It is concerned about the lack of clear power to collate and maintain relevant information and to share that information with other relevant authorities.

"6.31 In the case of M.Q. v Robert Gleeson and others [1997] IEHC 26; [1998] 4 IR 85, Mr Justice Barr took the view that health boards had an implied right and duty to communicate information about a possible child abuser if, by failing to do so, the safety of some children might be put at risk. Before making such a communication, the health boards had certain duties to the alleged perpetrator. This judgement has been viewed quite differently by the Ferns Report and the health boards/HSE. The Ferns Report was clearly concerned about the legislative basis for this wide ranging duty to communicate while the health boards/HSE concerns relate to restrictions on their ability to communicate because of the requirements to inform the perpetrator. The Ferns Report took the view that the only power available to health boards to inform parties that allegations of child sexual abuse have been made against a particular person is “one inferred from the wide ranging objective of child protection” imposed on health boards by the Child Care Act 1991. It went on to express the view that the implication of such a duty on health boards without any express legislative powers is an issue which should be carefully considered by the Legislature. The HSE told the Commission that the judgement in this case (generally known as the Barr judgement) had “significant implication for the management of child sexual abuse cases by the Health Boards/HSE. It provided that the Health Boards/HSE (except in cases where a child is believed to be at immediate risk of suspected child sexual abuse) before passing on any information with regard to a suspected child abuser to a third party, must give the allegations in writing to the alleged perpetrator. The alleged perpetrator must then be given the opportunity to respond in person to the HSE before the HSE makes its decision on whether or not to pass on the information to a third party. Recent legal advice is that the opportunity to appeal the decision of the HSE to pass on information to a third party must also be given to the alleged perpetrator.

"6.32 The Commission considers that the law should be clarified in order to confer on the HSE a duty to communicate to relevant parties, such as schools and sports clubs, concerns about a possible child abuser. The extent of the HSE obligation to notify the alleged perpetrator, if any, should also be clarified."

The Taoiseach has responded as follows:

"The Commission's Report expresses concern about the statutory powers of the Health Service Executive to deal with child sexual abuse by non-family members. Minister Andrews' Office is consulting further with the Office of the Attorney General to seek clarity in this regard. However, in the wake of the publication of the Ferns Report in 2005, legal advice was sought from the Attorney General in relation to the powers of Health Boards/HSE to investigate and deal with instances of Child Abuse perpetrated outside the family. The Attorney General was not of the view that the HSE's powers under Section 3 of the Child Care Act (1991) are limited to cases of intra family abuse. The HSE has stated that it responds to all allegations of child sex abuse regardless of the circumstances of the allegation."

This seems an inadequate response to the specific points raised in the Murphy report about the Child Care Act 1991 and the legislation concerning the powers of the HSE.

Tuesday, November 17, 2009

Forthcoming Events

The list of forthcoming Irish Law events has been updated. The full list appears here. To subscribe to the Irish Law site e-mail updates list, fill in the form here. Sample events on the list:

Thu.19 Nov.'09:
Mental Health in Prison - Dublin
http://www.iprt.ie/contents/1462

Sat. 21 Nov.'09:
Economic, Social and Cultural Rights – Making States Accountable - Annual Human Rights Conference of the IHRC and the Law Society of Ireland, Dublin
http://www.ihrc.ie/home/wnarticle.asp?NID=241&T=N&Print=

Wed.25 Nov.'09:
Constitutional Courts and the Lisbon Treaty - ISEL 7th Annual Brian Walsh Memorial Lecture, Dublin
http://www.isel.ie/index.php?option=com_gigcal&Itemid=60

Thu.26 Nov.'09:
ECHR Update: The Recent Use of the ECHR in the Courts, Procedure, Remedies and Analysis - Dublin
http://www.icel.ie/events_currentprogramme.php

Thu.26 Nov.2009:
A Comparatist’s Analysis of the Convergence of Legal Systems - Dublin
http://tinyurl.com/iscl-1

Thu.26 Nov. 2009:
National Asset Management Agency - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Fri. 27 Nov.2009:
Assessing Liability in Asset Management - Placing the Legal Principles in their Financial Context - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Sat. 28 Nov.'09:
Aspects of Asylum and Immigration Law - The Bar Council of Ireland, Dublin
http://tinyurl.com/lawlib111

Sat.28 Nov.'09
Recent Developments in Irish Defamation Law, Including the Defamation Act 2009 - School of Law, Trinity College Dublin, CPD Conference
www.tcd.ie/Law/Events

Mon.30 Nov.'09:
The Intel Decision - ISEL Competition Law Forum, Dublin
http://www.isel.ie

Mon.30 Nov.'09:
Launch of IPRT report on Detention of Children - Dublin
http://www.iprt.ie/contents/1457

Tue.1 Dec.'09:
FLAC Third Annual Dave Ellis Memorial Lecture
http://tinyurl.com/flac3rd

Wed.2 Dec.2009:
Land and Conveyancing Law Reform Act 2009 - UCD Commercial Law Centre, Dublin
http://www.ucd.ie/iccls/programs.htm

Thu.-Fri.3-4 Dec.2009:
Police Governance and Accountability, Limerick
http://www2.ul.ie/pdf/375079620.doc

Thu.-Fri.3-4 Dec.'09:
Intensive Course on Planning Law (Including Developments on Strategic Infrastructure, Habitats and the New Planning Bill 2009) - Centre for Environmental Law, School of Law, Trinity College Dublin, CPD Course
http://www.tcd.ie/Law/Events

Sat.5 Dec.'09:
Meeting the Challenges - New Ways of Doing Business. Speakers: K Erwin, Mediators'Institute of Ireland; J Maguire Collaborative Law; P Marrinan Quinn SC Conflict & Dispute Resolution Diploma TCD: T O'Riordan Manager Public Interest Law Project FLAC. Irish Women Lawyers' Association, Dublin.
http://www.iwla.ie

Sat.5 Dec.'09:
Tort Litigation: Recent Developments - School of Law, Trinity College Dublin, CPD Conference
http://www.tcd.ie/Law/Events

Fri.11 Dec.'09:
Intensive Course on Waste Law including the New Waste Directive - Centre for Environmental Law and Policy, School of Law, Trinity College Dublin, CPD Course
http://www.tcd.ie/Law/Events

5-6 March 2010:
Irish Society of Comparative Law Annual Conference, Belfast
http://tinyurl.com/iscl-1

Tuesday, July 21, 2009

An Bord Snip and the Legal System

Colin Scott has a useful blog post on An Bord Snip's proposals regarding the legal system here.
Join in the lively discussion in the comments section.

Monday, July 13, 2009

Data Retention Bill

Both the Irish Times and the Irish Examiner report this morning that the Data Retention Bill is due to to be published today, when it was actually published on Friday.

Friday, July 10, 2009

Recent Short Items (11 July 2009)

Data Retention Bill published - http://bit.ly/qNXt3

Employment Agency Regulation Bill published http://bit.ly/E0GDb (Press Release); http://bit.ly/oaXkB (Bill)

Defamation Bill passed (Eoin O'Dell) - http://bit.ly/odell1

Conor O'Mahony questions constitutionality of Criminal Justice (Amendment) Bill http://bit.ly/iTKI

Ruling sounds death-knell for public access to wills http://bit.ly/10BQe3

Irish language legal challenge dismissed (via @gaelport): http://tinyurl.com/lg5cbw

Lawyers' letter protesting new Criminal Justice Bill http://short.ie/pros (Via @ubfid)

Court refused discovery to Monica Leech http://bit.ly/15zFpn

Ongoing legal issues re anti-acne drug Roaccutane http://bit.ly/1xaqr

McDowell - lawyers should revisit the doctrine of the separation of powers http://bit.ly/915rr

Call for apology to survivors of Magdalen laundries http://bit.ly/qoLDn

FLAC - Proposed legislation on debt enforcement leaves "a mountain of reform left to climb" - http://bit.ly/Du0jG

Search engines and safe harbours (T.J. McIntyre) http://bit.ly/1a0jot

Trial by Jury to be removed for organised crime offences - Blog post by Fiona Donson - http://bit.ly/12CtSx

Fixed Term Employment Contracts - Review of the Law http://bit.ly/10PGm9

Judge queries value of orders against debtors http://bit.ly/auTfK

Fisherman opposed to laying of gas pipeline by Shell loses court challenge to detention http://bit.ly/mQZwU

New law to allow courts to jail debtors who refuse to pay http://bit.ly/Akap8

Full text of Civil Partnership Bill http://bit.ly/1145r9

Civil Partnership Bill published http://tinyurl.com/kr7kn5

Shannon used for torture flights: Government must acknowledge and investigate (via @AmnestyIRL) http://u.mavrev.com/eeq6

Challenge to Law Society on exam http://bit.ly/15bFBd

Greens say Civil Partnership Bill does not go far enough http://bit.ly/RO12i

Woman with prosthetic arm forced to work 'out of sight' in storeroom http://tinyurl.com/n4l3c7

@dariuswirl

Friday, June 05, 2009

Draft Irish Creative Commons Licence available for public discussion

The draft of CC BY-NC-SA adapted to Irish law is now in public discussion. The public discussion is a key part of Creative Commons’ license porting project. It is an opportunity for you, content creators and licence users, to engage in the drafting process and give your input in this collaborative effort. We warmly invite you to join CC Ireland’s discussion list and share your comments with local and international legal experts.

See also this posting on the Creative Commons News blog.

Wednesday, April 29, 2009

Tipperary Mental Health Inquiry


There have been various media reports recently concerning the report of a Mental Health Commission inquiry into St. Michael’s Unit, South Tipperary General Hospital, Clonmel and St. Luke’s Hospital, Clonmel. (See for example Irish Times ; RTÉ ; Irish Mental Health Coalition press release).

The inquiry follows a similar report on the Central Mental Hospital in 2006.

The Tipperary report made findings which included the following: A high number of residents have sustained fractures; wards were unnecessarily locked; seclusion was being used too often; patients were forced to wear nightclothes during the day; there were no comprehensive needs assessments or care plans for residents.

A number of legal points arise from the report. For example, it is significant that the Mental Health Commission (press release) has proposed to attach conditions to the continued operation of the two approved centres requiring the Health Service Executive to produce a plan with precise timescales to address breaches in regulations, rules and codes of practice found by the Inspectorate of Mental Health Services during its inspection in late 2008. The Commission would require a quarterly report on the achievement of targets set in the plan.

Under the Mental Treatment Act 1945, the Inspector of Mental Hospitals could issue reports which were critical of mental health facilities, but there was no direct process for requiring improvement in those facilities. The new procedure under the Mental Health Act 2001 contains a process for improvement, by way of attaching conditions to registration, and the possibility of removal of a centre from the register. The CEO has said that the Commission is taking a "graduated response" approach (Annual Report 2007, p.8)

The report also highlights the over-use of locked wards. For example: "Although very few residents were detained under the Mental Health Act 2001 several ward doors were locked and staff referred to residents being ‘allowed out’ or given ‘parole’, when they should have been free to come and go as they wished." (para.13.1.3)

The problem of de facto detention of "voluntary" patients is as yet unresolved in Ireland. The European Court of Human Rights has found in H.L. v United Kingdom that certain deprivations of liberty of 'informal' patients in England breached Article 5 . Ireland urgently needs new legislation to close the so-called "Bournewood gap", but the scheme of the Mental Capacity Bill contains no proposals on this topic.

As Fergus Finlay rightly said in his RTE Drivetime radio column, if this was a story about animals, it would have exploded all over the news.



Monday, March 30, 2009

Course for Irish speakers at King's Inns 2009

www.kingsinns.ie/website/prospective_students/lawyerlinguist.htm
Cumann Onórach Óstaí an Rí

The Honorable Society of King's Inns

Preparatory course for Irish speakers who wish to apply for lawyer-linguist positions in the European institutions

The aim of the course
As a result of Irish having attained status as an official language of the European Union, the European institutions will be recruiting lawyer-linguists in the years ahead who have an excellent level of competency in Irish. The positions will be available in Brussels - in the European Parliament, the European Commission, and the Council of the European Union - with excellent salaries and work conditions. The main responsibility of those working as lawyer-linguists will be to examine draft laws which have been translated to Irish in relation to legal and linguistic accuracy.
The aim of this course, which is being run by King's Inns in conjunction with Gaelchultúr Teoranta, is to prepare the participants for the entrance exams which will take place in the future in order to fill the above-mentioned vacancies.
Important note: The course providers, King's Inns and Gaelchultúr Teoranta, cannot guarantee that participants will gain positions as lawyer-linguists on completion of this training course.

Course dates and venue
There will be a total of 14 weeks' tuition provided during this training course.
The schedule is given below.
8 June - 7 August (Part 1 of the course)
10 - 21 August (Reading weeks)
24 August - 3 October (Part 2 of the course, end of course exam)
Participants will attend a three-hour class (9.30 a.m. - 12.30 p.m.) every day, Monday to Friday. They will have an opportunity to do some of their homework online. It is not advisable to undertake another course while attending this training course or to work on a part-time basis.

Entry requirements
This course will be suitable for those who have a law degree or a professional legal qualification (BL or Solr), as well as a good standard of spoken and written Irish (grade A in the honours Irish paper in the Leaving Certificate, for example). Applicants must also have good computer skills.
All applicants will be required to undergo a language assessment test and the results of this assessment will be taken into consideration when places are being allocated on the course. This assessment, in which the focus will be on accuracy in Irish, will take place between 12.00 - 1.00 p.m. on Saturday, 23 May in King's Inns.

Deadline for applications
Applications must be received by King's Inns by 4.00 p.m. on Friday, 8 May 2009.
Two former participants
Here are the views of two students who have attended the preparatory course:
Órla Ní Riain
'I had a good standard of Irish from the Leaving Certificate but there were quite a few aspects of grammar that I was not familiar with. I managed to add greatly to my language skills during the course in King's Inns and to learn translation skills for the first time. I work in the European Court of Justice in Luxembourg now and I'm really enjoying the job. I intend spending some time working in Brussels in the future as well.'

Séamus Howard
'I was always interested in Irish and I wanted to get an opportunity to work through the medium of the language. I managed to attain a high standard of grammar during the course [in King's Inns] and I now have a one-year contract working as a lawyer-linguist in the Council of Europe. The work is challenging but I'm confident that I'll succeed in learning all the skills necessary to work in this area on a long-term basis.'

All classes will be held in King's Inns, Henrietta Street, Dublin 1.

Fee and subsistence stipend
This project is being funded by the Department of Community, Rural and Gaeltacht Affairs and participants will not be required to pay a course fee. A subsistence stipend of €300 per week (based on attendance) will be paid to those who attend the course. There will also be an accommodation allowance for those who do not normally live in Dublin and who must move to the city in order to attend the course.

Additional information
If you wish to receive further information or a copy of the application form, please contact Tom Macdonald in King's Inns. The application form may also be downloaded from the King's Inns website.
Postal address: Tom Macdonald,
Dean of the School of Law,
The Honorable Society of King's Inns,
Henrietta Street,
Dublin 1

Thursday, March 19, 2009

Law and the Environment 2009 - Cork, Thu. 23 April 2009

Thursday, 23 April 2009:
Law and the Environment 2009
7th Annual Conference for Environmental Professionals
Faculty of Law, University College Cork
 
This conference will be the seventh annual event at UCC and seeks to build on the success of previous events, at which more than two hundred environmental professionals have attended to hear from a panel of expert speakers in the area.  This event caters to a wide range of professionals, including the legal professions, policy-makers, regulators, environmental interest groups, local authorities, environmental consultants, industry, and environmental service providers, and provides an opportunity for the dissemination of information on the latest legislative and judicial developments, research results and evolving best practice in the area of Environmental Law.  It also provides a truly unique forum for the exchange of ideas among key figures and stakeholders on all sides of the environmental protection debate. This year’s programme includes specialist sessions on Climate Change, Enforcement of Environmental Law, Environmental Liability, and Infrastructure and Waste, with 15 expert speakers coming from across Ireland, Northern Ireland and the U.K.
 
Full conference schedule:
http://tinyurl.com/environ-23mar
 
Conference Convenor
Dr Owen McIntyre, Faculty of Law, UCC
Email o.mcintyre@ucc.ie
Tel 021 4902090
 
Conference Secretary
Email lawevents@ucc.ie
Tel 021 4903220

Continuing Professional Development
7 hours Group Study
Law Society General CPD Certificate of attendance will be issued