After pioneering the online availability of Irish legal materials, through its involvement with BAILII and IRLII, the Faculty of Law in University College Cork has developed a further service for those who wish to keep abreast of legal developments in Ireland.
All judgments added to the IRLII index of cases since July 2005 are now allocated to subject areas and assigned with keywords. This enables users to quickly scan through recent cases for issues that interest them and researchers can instantly view cases which relate to any given subject area. The project director, Professor John Mee, hopes that this initiative will result in easier accessibility of decided cases in Ireland and a greater understanding of legal issues generally.
The IRLII index of cases is accessible at http://www.index.irlii.org.
A RSS feed of recent cases is also available at http://www.ucc.ie/law/irlii/rss/irliiindex.xml.
Monday, September 25, 2006
Sunday, September 17, 2006
Recent Adoption Case
The first five pages of the judgment in the recent adoption case are available on a free section of the Irish Times site:
In Re "Ann", an Infant: N. v. H.S.E., G. and An Bord Uchtala,
High Court, MacMenamin J., 15 September 2006:
http://www.ireland.com/newspaper/special/2006/adoption_judgment/index.pdf
Sample news coverage:
Landmark ruling gives custody to adopters
http://www.ireland.com/newspaper/front/2006/0916/1158271610287.html
High Court turns down adoption application
http://www.rte.ie/news/2006/0915/adoption.html
Couple lose daughter in tug-of-love ruling
http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1689505&issue_id=14654
There's nothing yet on the official courts service website:
http://www.courts.ie/judgments.nsf/HomePage?OpenForm
Maybe a proper version will appear there in the next few days.
[Update added 10 October 2006: The full judgment is now available at
www.tinyurl.com/gfvgh/ ]
In Re "Ann", an Infant: N. v. H.S.E., G. and An Bord Uchtala,
High Court, MacMenamin J., 15 September 2006:
http://www.ireland.com/newspaper/special/2006/adoption_judgment/index.pdf
Sample news coverage:
Landmark ruling gives custody to adopters
http://www.ireland.com/newspaper/front/2006/0916/1158271610287.html
High Court turns down adoption application
http://www.rte.ie/news/2006/0915/adoption.html
Couple lose daughter in tug-of-love ruling
http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1689505&issue_id=14654
There's nothing yet on the official courts service website:
http://www.courts.ie/judgments.nsf/HomePage?OpenForm
Maybe a proper version will appear there in the next few days.
[Update added 10 October 2006: The full judgment is now available at
www.tinyurl.com/gfvgh/ ]
Monday, September 04, 2006
Dean Lyons report
The full text of the Dean Lyons report is available at http://www.tinyurl.com/klg9p
Here's the Press Release:
1 September 2006
Minister McDowell publishes Dean Lyons Case Report
The Minister for Justice, Equality and Law Reform, Mr Michael McDowell, T.D., today published the Report of the Commission of Investigation into the Dean Lyons case. The Commission was established by Government Order on 7 February 2006 and its sole member was Mr George Birmingham SC.
For the first time the Report offers a thorough independent analysis of the facts surrounding the false confession made by Dean Lyons based on the evidence of all relevant witnesses. It concludes that there was no deliberate attempt made to undermine the rights of Dean Lyons. Instead, inappropriate leading questions were inadvertently asked of him by interviewing Gardai - a failure which in turn equipped him with the information to maintain a credible (albeit false) confession. He maintained this position for over a month - not alone to Gardai but also to a wide variety of other persons including his legal advisers.
With the benefit of independent experts, the Report concludes that Dean Lyon's confessions were attributable to prior existing vulnerabilities within his personality which were compounded by his heroin addiction. The Report states that some of those same Gardai who interviewed him openly expressed scepticism as to his credibility at case conferences but these doubts were never conveyed to the DPP as they should have been prior to the latter's initial decision to direct charges.
In the Commission's view, the Garda written records of some of the interviews with Dean Lyons were incomplete, potentially misleading and could have led to a miscarriage of justice.
Finally, the decision of the original investigation team, three months after their original recommendation, to recommend to the DPP that the existing charge of murder against Dean Lyons should proceed and that an additional charge should be laid in respect of the second fatality is described by the Commission as "difficult to understand and even harder to justify". This comment was made in the light of the fact that at the time Assistant Commissioner McHugh was in the process of conducting an analysis of the various admissions on behalf of the Commissioner - an analysis which ultimately contributed to the DPP's decision to drop the charges.
Publishing the Report Minister McDowell said, "I hope this Report will be of some comfort to those whose lives have been so deeply afflicted by this tragedy - in particular the family of Dean Lyons and the families of the murder victims.
I am sending a copy of the Report to the Garda Commissioner for his consideration. I am also sending a copy to the Expert Group which I established in the light of concerns arising from the Dean Lyons case. The Group will be reporting to me, I expect before the end of the year, on the adequacy of Garda training, protocols, regulations and procedures, in assessing the fitness of persons to be interviewed and on the recording of any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self - incriminating statements. I have already stated publicly that I will publish their report."
The Report is the first of its kind to be published following the establishment of a new style Commission of Investigation - a system which was intended to enhance in a significant way the State's ability to conduct formal independent inquiries in a cost effective and timely manner. The Commission's work was completed in less than six months at a cost of less than €1 million.
"I am pleased to note that the provisions of the Commissions of Investigation Act 2004 which I availed of in this case have ensured a timely and cost effective investigation without in any way compromising or encroaching on its proper conduct. I am indebted to Mr Birmingham and his legal and administrative personnel for the thorough manner in which they performed this most difficult and sensitive of tasks", the Minister said.
The Report is available on the Department's website, www.justice.ie.
1 September 2006
Note for Editors
The Expert Group comprises ex Asst Commissioner Tony Hickey, Mr Charles Smith ex Director of the Central Mental Hospital, Mr David Gormally of the DPP's Office and Ms Vera Kelly, Principal Officer, Dept of Arts, Culture and the Gaeltacht.
Here's the Press Release:
1 September 2006
Minister McDowell publishes Dean Lyons Case Report
The Minister for Justice, Equality and Law Reform, Mr Michael McDowell, T.D., today published the Report of the Commission of Investigation into the Dean Lyons case. The Commission was established by Government Order on 7 February 2006 and its sole member was Mr George Birmingham SC.
For the first time the Report offers a thorough independent analysis of the facts surrounding the false confession made by Dean Lyons based on the evidence of all relevant witnesses. It concludes that there was no deliberate attempt made to undermine the rights of Dean Lyons. Instead, inappropriate leading questions were inadvertently asked of him by interviewing Gardai - a failure which in turn equipped him with the information to maintain a credible (albeit false) confession. He maintained this position for over a month - not alone to Gardai but also to a wide variety of other persons including his legal advisers.
With the benefit of independent experts, the Report concludes that Dean Lyon's confessions were attributable to prior existing vulnerabilities within his personality which were compounded by his heroin addiction. The Report states that some of those same Gardai who interviewed him openly expressed scepticism as to his credibility at case conferences but these doubts were never conveyed to the DPP as they should have been prior to the latter's initial decision to direct charges.
In the Commission's view, the Garda written records of some of the interviews with Dean Lyons were incomplete, potentially misleading and could have led to a miscarriage of justice.
Finally, the decision of the original investigation team, three months after their original recommendation, to recommend to the DPP that the existing charge of murder against Dean Lyons should proceed and that an additional charge should be laid in respect of the second fatality is described by the Commission as "difficult to understand and even harder to justify". This comment was made in the light of the fact that at the time Assistant Commissioner McHugh was in the process of conducting an analysis of the various admissions on behalf of the Commissioner - an analysis which ultimately contributed to the DPP's decision to drop the charges.
Publishing the Report Minister McDowell said, "I hope this Report will be of some comfort to those whose lives have been so deeply afflicted by this tragedy - in particular the family of Dean Lyons and the families of the murder victims.
I am sending a copy of the Report to the Garda Commissioner for his consideration. I am also sending a copy to the Expert Group which I established in the light of concerns arising from the Dean Lyons case. The Group will be reporting to me, I expect before the end of the year, on the adequacy of Garda training, protocols, regulations and procedures, in assessing the fitness of persons to be interviewed and on the recording of any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self - incriminating statements. I have already stated publicly that I will publish their report."
The Report is the first of its kind to be published following the establishment of a new style Commission of Investigation - a system which was intended to enhance in a significant way the State's ability to conduct formal independent inquiries in a cost effective and timely manner. The Commission's work was completed in less than six months at a cost of less than €1 million.
"I am pleased to note that the provisions of the Commissions of Investigation Act 2004 which I availed of in this case have ensured a timely and cost effective investigation without in any way compromising or encroaching on its proper conduct. I am indebted to Mr Birmingham and his legal and administrative personnel for the thorough manner in which they performed this most difficult and sensitive of tasks", the Minister said.
The Report is available on the Department's website, www.justice.ie.
1 September 2006
Note for Editors
The Expert Group comprises ex Asst Commissioner Tony Hickey, Mr Charles Smith ex Director of the Central Mental Hospital, Mr David Gormally of the DPP's Office and Ms Vera Kelly, Principal Officer, Dept of Arts, Culture and the Gaeltacht.
Sunday, August 27, 2006
Report of Inspector of Prisons 2005
The report of the Inspector of Prisons, Dermot Kinlen, for 2005 is available at http://www.justice.ie/en/JELR/4thAnnRpt.pdf/Files/4thAnnRpt.pdf
Extract from pages 28-32:
"10. Establishment of an independent Inspector of Prisons.
"The Government has told the CPT in Strasbourg three times and in its Programme for Government it repeated, that it would make statutory provision for an independent prisons Inspector. I was told that I would be made statutory and that I would contribute to the draft Bill. I have asked in all my three annual reports published that the Government do as it promised. Now it emerges that the Minister has ‘other priorities’. This is outrageous and practically unbelievable.
In my reports I have submitted several drafts of Bills. Some Bills need only be about two to three sections, which could be added to one of the Minister’s many Bills. The Opposition in western Australia pushed through a strong Act giving their Inspector great independence. In fact it makes it a criminal offence to obstruct the independent Inspector. West Australia, England, Scotland and Northern Ireland all have statutory Inspectors. In Spain there are full-time judges independently and continuously visiting prisons as well as a strong inspectorate. A famous Minister for Justice, with much the same background as the current Minister, said, “prisoners have no rights.” That ethos seems to be omni present. The Minister has purported to alter unilaterally my contract by prison rules. I have made it clear that it is totally inappropriate to deal with the Inspector’s office by prison rules. The Inspector had reasonable expectation, (as had Strasbourg (CPT) and the people of Ireland had from the Programme for Government) that the Inspector would be independent and statutory. At the moment the Inspector is neither. He has made it clear that he does not accept the so called rules. They are not binding on the Inspector. He is not a party to them. He will not comply with them. He is determined to be totally independent. (Since writing this paragraph I have been informed by a senior Civil Servant that the section dealing with prisons inspectorate has been removed from the proposed new Prison Rules.) However the purported rules are still on the department's internet.
"In the Irish Times 14th January, 2006 there is a long article by Conor Lally about the new Garda Ombudsman Commission which should begin operating next year. Three persons were appointed and the three people will be formalised to their positions by the Oireachtas before formal approval by the President. "The commission's independent status meant it would decide on all aspects of its own work. It would decide on staffing levels, how it was to investigate complaints and it would be responsible for the hiring of staff and selecting of permanent office. Mr. Joe Costello, TD, Labour spokesman on Justice said, 'It was incredible that nearly a full year had been set aside preparing the ombudsman commission.' Fine Gael's justice spokesman Mr. Jim O’Keeffee, TD, said, 'he was surprised and disappointed by the delay. It requires a full explanation from the Minister for Justice.' The ombudsman commission will have the power to conduct its own investigations. On the 24th April 2006 the 4th anniversary of his appointment the Minister had the gal to write confirming it was part of his legislative plans to make the Inspectorate statutory but even now no date is given.
"The promised Inspector of prisons has been there since it was first mooted by Dr. Whitaker over twenty years ago. It is quite clear that the Minister, the Government and the Department had no intention of establishing a statutory inspectorate. If public opinion forced them so to do, then they would do their best to ensure that the Inspector does not have the powers to fulfil the requirements of the office. Not merely are they denying human rights to prisoners and prison staff, they are also breaking their own law. Human Rights Commission has expressed concern as has the Commissioner of Freedom for Information about the way their respective briefs are being handled. In Northern Ireland there is an ombudsman dealing with prisoners complaints. There is none in the Republic. There is also an Inspector who has a huge remit with ten inspectors, which includes the three prisons in Northern Ireland and gets assistance from the English Inspector and her team when they do a prison inspection. There are supposed to be similar sanctions in Northern Ireland and in the Republic. The North of Ireland has an ombudsman for prisoners and has totally independent inspectors covering a great deal of territory, not just prisons. However, in the Republic neither of these offices do exist nor is there a will for them to exist. It seems at first look that there may well be a case of denying human rights and also there may be a breach of the Belfast Agreement.
"Why are things so good in Northern Ireland and why is everything so retrograde in the Republic? Surely, we should have inspectors who are more independent investigating everything like my counterpart in Belfast. Surely, the Belfast Agreement should be honoured by the Irish Government. It is with great sadness I am writing this report. I think it is fair to ask, what are the Minister and his Department hiding? Of what are they afraid? Actually, I believe they have nothing to fear if they were only transparent, efficient and open. I urge the Minister,
- to implement the promises made and establish the inspectorate as totally independent or else abolish it since it is only a facade;
- the Government must decide whether to follow the English and American tradition of building more and more prisons, or follow the Nordic countries who have alternatives to prison run in competition with prisons.
- The probation service should be totally independent of the prison service and in competition with it;
- get a business consultant to report on the continuous growth of the Prison Service structures and the Justice’s Department staff. Is the taxpayer getting value for money? What about the Government’s policy of controlling bureaucracy. It was law since 2002 that Civil Service staffing levels be capped but it is now a rather sick and expensive joke?
- provide rehabilitation for prisoners and close down St. Patrick’s immediately as recommended over twenty years ago in the Whitaker Report. Set up an ombudsman for prisoners and an independent prisons inspectorate using statutes applicable to Northern Ireland at least.
"The present attitude is frightening and fascist."
[Edit April 2008 - For those researching reports of the Inspector of Prisons note that the reports are available as follows:
Fifth Annual Report of the Inspector of Prisons for the Year 2006-2007
www.justice.ie/en/JELR/Pages/5th_Inspector_of%20_Prisons_Rpt
Fourth Annual Report of the Inspector of Prisons 2005-2006
www.justice.ie/en/JELR/4thAnnRpt.pdf/Files/4thAnnRpt.pdf
Third Annual Report by the Inspector of Prisons for the Year 2004-2005
www.justice.ie/en/JELR/ThirdAnnualRpt.pdf/Files/ThirdAnnualRpt.pdf
Second Annual Report by the Inspector of Prisons for the Year 2003-2004
www.justice.ie/en/JELR/AnnualRpt2.pdf/Files/AnnualRpt2.pdf
First Annual Report by the Inspector of Prisons for the Year 2002-2003
www.justice.ie/en/JELR/1stannreport.pdf/Files/1stannreport.pdf
See also the listings at
www.irlgov.ie/crimecouncil/research_pri.html ]
Thursday, August 24, 2006
Details of Consumer Bill annouced
Details of Major New Consumer Bill Announced
New protections for consumers and overhaul of structures marks biggest reform in 30 years Micheál Martin, TD, Minister for Enterprise, Trade & Employment
Thursday 24 August 2006
http://www.entemp.ie/press/2006/20060824.htm
Extract:
False Claims about Goods or Services
It is a misleading commercial practice under the Directive to give information that is false or in any way deceptive about a good or service where this affects consumer decisions. Though the matter has not been tested in the courts, it is generally accepted that false or misleading claims about property other than rental accommodation are not covered by existing Irish legislation. The new legislation will cover false or deceptive claims about houses or other property. It will also provide that misleading omissions as well as actions can be unfair commercial practices where these affect consumer decisions - again this is a provision not expressly found in current legislation.
[The Directive refers to the Unfair Commercial Practices Directive (UCPD), Directive 2005/29/EC -http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pract/index_en.htm]
New protections for consumers and overhaul of structures marks biggest reform in 30 years Micheál Martin, TD, Minister for Enterprise, Trade & Employment
Thursday 24 August 2006
http://www.entemp.ie/press/2006/20060824.htm
Extract:
False Claims about Goods or Services
It is a misleading commercial practice under the Directive to give information that is false or in any way deceptive about a good or service where this affects consumer decisions. Though the matter has not been tested in the courts, it is generally accepted that false or misleading claims about property other than rental accommodation are not covered by existing Irish legislation. The new legislation will cover false or deceptive claims about houses or other property. It will also provide that misleading omissions as well as actions can be unfair commercial practices where these affect consumer decisions - again this is a provision not expressly found in current legislation.
[The Directive refers to the Unfair Commercial Practices Directive (UCPD), Directive 2005/29/EC -http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pract/index_en.htm]
Tuesday, July 25, 2006
Environmental Law PhD Scholarship at UCC
Environmental Law PhD Scholarship
http://www.ucc.ie/en/lawsite/postgrad/schol_fund/
The Faculty of Law, University College Cork has been awarded funding under the Environmental Protection Agency's Doctoral Scholarship Scheme 2006 to recruit a postgraduate research student to undertake research on 'Identification of an Appropriate Legislative Regime for the Remediation of Contaminated Land in Ireland'. This studentship will cover tuition fees for a three year period, during which the student will be expected to complete a programme of research leading to the award of Ph.D. It will also provide a bursary of €17,750 per annum and some funding to cover academic travel. Candidates must have a primary degree in law and will preferably have a postgraduate degree in law and / or experience of applied legal research. Experience of Environmental Law, particularly as applied to historical land contamination, land transactions, waste management law or regimes of civil liability for environmental damage, would be a distinct advantage.
Applications, to include a covering letter indicating your areas of research interest, list of publications, relevant experience, a full CV and details of at least two academic referees, should be sent to:
Mr. Owen McIntyre,
Department of Law,
University College Cork,
Ireland
Tel: +353 21 4902090
Fax: + 353 21 4270690
E-mail: o.mcintyre@ucc.ie
The closing date for applications is Friday, 1st September, 2006.
http://www.ucc.ie/en/lawsite/postgrad/schol_fund/
The Faculty of Law, University College Cork has been awarded funding under the Environmental Protection Agency's Doctoral Scholarship Scheme 2006 to recruit a postgraduate research student to undertake research on 'Identification of an Appropriate Legislative Regime for the Remediation of Contaminated Land in Ireland'. This studentship will cover tuition fees for a three year period, during which the student will be expected to complete a programme of research leading to the award of Ph.D. It will also provide a bursary of €17,750 per annum and some funding to cover academic travel. Candidates must have a primary degree in law and will preferably have a postgraduate degree in law and / or experience of applied legal research. Experience of Environmental Law, particularly as applied to historical land contamination, land transactions, waste management law or regimes of civil liability for environmental damage, would be a distinct advantage.
Applications, to include a covering letter indicating your areas of research interest, list of publications, relevant experience, a full CV and details of at least two academic referees, should be sent to:
Mr. Owen McIntyre,
Department of Law,
University College Cork,
Ireland
Tel: +353 21 4902090
Fax: + 353 21 4270690
E-mail: o.mcintyre@ucc.ie
The closing date for applications is Friday, 1st September, 2006.
Tuesday, June 27, 2006
EU Artists Resale Right (or "Droit de Suite") Directive
http://www.entemp.ie/press/2006/20060619a.htm :
Minister Michael Ahern Announces the Signing of Regulations Implementing the EU Artists Resale Right (or "Droit de Suite") Directive
Michael Ahern T.D., Minister for Trade and Commerce at the Department of Enterprise, Trade and Employment has announced the signing of Regulations transposing into Irish Law EU Directive 2001/84/EC on the resale rights of authors of original works of art. The Regulations, entitled the European Communities (Artists Resale Right) Regulations, S.I. No. 312 of 2006, came into effect on 13 June 2006.
The Regulations provide for a new right in Irish law entitling artists to payment where their art works are resold through the art trade. MinisterAhern said "The new Regulations mean that artists will share in the commercial success of their work and will be entitled to payments of up to €12,500 when individual works created by them are later resold."
"The intention had been to implement this EU Directive through an Act of theOireachtas. However, following consultation between my department and the Department of Arts, Sports and Tourism as well the Attorney General's Office, I have decided that, rather than wait for all of the more complex matters to be addressed in their entirety, a more immediate two-stage approach to this transpositon should be adopted.
"I am now taking those interim steps which are open to me in the present Regulations. The intention is to revisit some aspects, such as the exemption threshold value for eligible works and the duration of the right, in the proposed Bill. While the minimum art value threshold is being set at €3,000, for now, it is intended that this will be lowered in the primary legislation. The Directive raises some other optional issues and these can only be addressed in the proposed Bill also."
These Regulations under the European Communities Act 1972 on the mandatory provisions of the Directive will be followed, as soon as possible, with proposals on the optional and discretionary elements of the Directive being put before the Houses in the proposed Intellectual Property (Miscellaneous Provisions) Bill. The essential benefit of this is to allow for the immediate transposition of the Directive essentials."
Concluding, Minister Ahern said that he was pleased to see his Department working closely in this field with the Department of Arts Sport and Tourism. "It has been the long stated objective of Minister O'Donoghue to maximise the benefit of Artists Resale Right to Irish artists and their families."
Note for Editors
Background
Often also called "Droit de Suite", Artists Resale Right Schemes have operated in many European countries since the 1920's. After World War II the number of states providing artists droit de suite increased steadily. By the early 1990's, most EU member states had had operational schemes in place. There were, however, considerable differences in the way the right was operated in the various countries. A few countries, like Ireland, did not have schemes.
Following detailed discussions a unanimous compromise was agreed in late2 001. Transposition of the Directive was set for January 2006 for living artists. Member States were allowed a derogation for deceased artists delaying implementation until January 2010.
Across the EU, the effect of the Directive is intended therefore both to introduce the right where it does not exist and make all of the MemberStates implementations broadly similar.
The main issues which the new Regulations provide for include:-
* artists right to benefit from the resale of his/her work (Regulation 3),
* right being non-transferrable or saleable (Regulation 4),
* minimum art value threshold set, for now, at €3,000 (net of tax) (Regulation 5),
* benefit being confined, for now, to EU & EEA nationals (Regulation 6),
* establishment of a liability on the seller to pay the royalty (Regulation 7)
* artists right to information on sales (Regulation 8),
* royalty rates and bands for calculating amounts due (Regulation 9), and
* duration of resale right set, for now, at the artist's lifetime (Regulation 10)
As well as revisiting the arrangement in Regulations 5, 6 and 10, the upcoming Intellectual Property (Miscellaneous Provisions) Bill will also deal with a number of other aspects in the EU Directive including:-
* Joint liability for payment of the royalty (Article 1.3),
* reciprocation of resale rights with third countries (Article 7),
* period or 'term of protection'(Articles 6.1 and 8.2), and
* timing arrangements for any increased term of protection (Article 8.3),
The Regulations are available at
http://www.entemp.ie/science/ipr/copyrightsis.htm
The Directive is linked from
http://www.entemp.ie/science/ipr/eu-copyright.htm
For queries/further information on Artists Resale Right
John Rutledge,
Department of Enterprise, Trade and Employment
E-Mail john_rutledge@entemp.ie
Minister Michael Ahern Announces the Signing of Regulations Implementing the EU Artists Resale Right (or "Droit de Suite") Directive
Michael Ahern T.D., Minister for Trade and Commerce at the Department of Enterprise, Trade and Employment has announced the signing of Regulations transposing into Irish Law EU Directive 2001/84/EC on the resale rights of authors of original works of art. The Regulations, entitled the European Communities (Artists Resale Right) Regulations, S.I. No. 312 of 2006, came into effect on 13 June 2006.
The Regulations provide for a new right in Irish law entitling artists to payment where their art works are resold through the art trade. MinisterAhern said "The new Regulations mean that artists will share in the commercial success of their work and will be entitled to payments of up to €12,500 when individual works created by them are later resold."
"The intention had been to implement this EU Directive through an Act of theOireachtas. However, following consultation between my department and the Department of Arts, Sports and Tourism as well the Attorney General's Office, I have decided that, rather than wait for all of the more complex matters to be addressed in their entirety, a more immediate two-stage approach to this transpositon should be adopted.
"I am now taking those interim steps which are open to me in the present Regulations. The intention is to revisit some aspects, such as the exemption threshold value for eligible works and the duration of the right, in the proposed Bill. While the minimum art value threshold is being set at €3,000, for now, it is intended that this will be lowered in the primary legislation. The Directive raises some other optional issues and these can only be addressed in the proposed Bill also."
These Regulations under the European Communities Act 1972 on the mandatory provisions of the Directive will be followed, as soon as possible, with proposals on the optional and discretionary elements of the Directive being put before the Houses in the proposed Intellectual Property (Miscellaneous Provisions) Bill. The essential benefit of this is to allow for the immediate transposition of the Directive essentials."
Concluding, Minister Ahern said that he was pleased to see his Department working closely in this field with the Department of Arts Sport and Tourism. "It has been the long stated objective of Minister O'Donoghue to maximise the benefit of Artists Resale Right to Irish artists and their families."
Note for Editors
Background
Often also called "Droit de Suite", Artists Resale Right Schemes have operated in many European countries since the 1920's. After World War II the number of states providing artists droit de suite increased steadily. By the early 1990's, most EU member states had had operational schemes in place. There were, however, considerable differences in the way the right was operated in the various countries. A few countries, like Ireland, did not have schemes.
Following detailed discussions a unanimous compromise was agreed in late2 001. Transposition of the Directive was set for January 2006 for living artists. Member States were allowed a derogation for deceased artists delaying implementation until January 2010.
Across the EU, the effect of the Directive is intended therefore both to introduce the right where it does not exist and make all of the MemberStates implementations broadly similar.
The main issues which the new Regulations provide for include:-
* artists right to benefit from the resale of his/her work (Regulation 3),
* right being non-transferrable or saleable (Regulation 4),
* minimum art value threshold set, for now, at €3,000 (net of tax) (Regulation 5),
* benefit being confined, for now, to EU & EEA nationals (Regulation 6),
* establishment of a liability on the seller to pay the royalty (Regulation 7)
* artists right to information on sales (Regulation 8),
* royalty rates and bands for calculating amounts due (Regulation 9), and
* duration of resale right set, for now, at the artist's lifetime (Regulation 10)
As well as revisiting the arrangement in Regulations 5, 6 and 10, the upcoming Intellectual Property (Miscellaneous Provisions) Bill will also deal with a number of other aspects in the EU Directive including:-
* Joint liability for payment of the royalty (Article 1.3),
* reciprocation of resale rights with third countries (Article 7),
* period or 'term of protection'(Articles 6.1 and 8.2), and
* timing arrangements for any increased term of protection (Article 8.3),
The Regulations are available at
http://www.entemp.ie/science/ipr/copyrightsis.htm
The Directive is linked from
http://www.entemp.ie/science/ipr/eu-copyright.htm
For queries/further information on Artists Resale Right
John Rutledge,
Department of Enterprise, Trade and Employment
E-Mail john_rutledge@entemp.ie
Social Partnership Agreement 2006-2015
Towards 2016, Ten-Year Framework Social Partnership Agreement 2006-2015
Available at:
http://www.taoiseach.gov.ie/index.asp?locID=181&docID=2755
Labour Relations Commission Annual Report 2005
27 June 2006
http://www.lrc.ie/viewdoc.asp?m=u&fn=/documents/pressreleases/RecordReferralLevelstoLRC.htm:
Record Referral Levels to LRC
* The Labour Relations Commission today announced that it had received a record number of referrals to its services in 2005. The Commission, at the launch of its Annual Report for 2005, confirmed that the number of referrals to its Rights Commissioner Service, which included complaints of Unfair Dismissal and allegations of breaches of the 'Organisation of Working Time', 'Fixed Term Work' and 'Payment of Wages' Acts among others, had increased by 18% over the 2004 level.
* The Commission attributed the increase in referrals to an increasing awareness among those in employment, and particularly migrant workers, of the body of employment rights available in Ireland and a genuine confidence in the capacity of the Commission to deal effectively with complaints. The Commission also believes that the impact of the increasingly wide jurisdiction of Rights Commissioners, now extending to 19 separate pieces of Legislation, is now being felt.
* "The Commission has invested significantly in awareness raising throughout 2005 and the effects of our work and the work of the Employment Rights Division of the Department of Enterprise, Trade and Employment are plainly evident in the referral figures now being recorded by the Commission" said Mr Maurice Cashell, Chairman of the LRC.
* The Commission also confirmed that referrals to its Conciliation and Advisory Services had increased by 14% and 18% respectively in 2005. Gross activity for the year included 2,809 Rights Commissioners hearings, 2,054 Conciliation meetings and 145 Advisory Projects.
* "The essential work of the LRC is the effective delivery of service on a daily basis to employers, employees and their representatives throughout the Country" said Mr Cashell, " and while the Commission must, and does, have the capacity to deal with high profile disputes like the Irish Ferries dispute, the core value to Irish employments of the work of the LRC is the thousands of interventions taking place each year - ranging from rights determination to dispute resolution to advice on good practice".
* The Commission's Annual Report also confirmed that in 2005 it had dealt effectively with referrals under the pay provisions of the Sustaining Progress Agreement (115 cases) as well as the new legislation on Voluntary Dispute Resolution in cases where Union Recognition arrangements are not in place (149 cases).
* Commenting on the excellent track record of the parties to industrial disputes in Ireland in terms of finding resolution through dialogue and the use of robust procedures, the Chairman said " The priority for the Commission now is to support the parties to Irish employment relationships by working hard to identify problems at the earliest possible moment, advising and assisting the development of strong in-house procedures in companies and working to ensure that the Commission's services remain flexible and relevant to the needs of Irish employments."
* Mr Cashell commented that evidence of the commitment of the Commission to these priorities included the launch of a new Workplace Mediation Service at the latter end of 2005. "This Service is targeted at relationship based disputes in employment and is a direct response by the Commission to the perception of a need in Irish employments today" said Mr Cashell.
Full text of Annual Report 2005:
http://www.lrc.ie/viewdoc.asp?m=u&fn=/documents/annualreports/2005/launch.htm
http://www.lrc.ie/viewdoc.asp?m=u&fn=/documents/pressreleases/RecordReferralLevelstoLRC.htm:
Record Referral Levels to LRC
* The Labour Relations Commission today announced that it had received a record number of referrals to its services in 2005. The Commission, at the launch of its Annual Report for 2005, confirmed that the number of referrals to its Rights Commissioner Service, which included complaints of Unfair Dismissal and allegations of breaches of the 'Organisation of Working Time', 'Fixed Term Work' and 'Payment of Wages' Acts among others, had increased by 18% over the 2004 level.
* The Commission attributed the increase in referrals to an increasing awareness among those in employment, and particularly migrant workers, of the body of employment rights available in Ireland and a genuine confidence in the capacity of the Commission to deal effectively with complaints. The Commission also believes that the impact of the increasingly wide jurisdiction of Rights Commissioners, now extending to 19 separate pieces of Legislation, is now being felt.
* "The Commission has invested significantly in awareness raising throughout 2005 and the effects of our work and the work of the Employment Rights Division of the Department of Enterprise, Trade and Employment are plainly evident in the referral figures now being recorded by the Commission" said Mr Maurice Cashell, Chairman of the LRC.
* The Commission also confirmed that referrals to its Conciliation and Advisory Services had increased by 14% and 18% respectively in 2005. Gross activity for the year included 2,809 Rights Commissioners hearings, 2,054 Conciliation meetings and 145 Advisory Projects.
* "The essential work of the LRC is the effective delivery of service on a daily basis to employers, employees and their representatives throughout the Country" said Mr Cashell, " and while the Commission must, and does, have the capacity to deal with high profile disputes like the Irish Ferries dispute, the core value to Irish employments of the work of the LRC is the thousands of interventions taking place each year - ranging from rights determination to dispute resolution to advice on good practice".
* The Commission's Annual Report also confirmed that in 2005 it had dealt effectively with referrals under the pay provisions of the Sustaining Progress Agreement (115 cases) as well as the new legislation on Voluntary Dispute Resolution in cases where Union Recognition arrangements are not in place (149 cases).
* Commenting on the excellent track record of the parties to industrial disputes in Ireland in terms of finding resolution through dialogue and the use of robust procedures, the Chairman said " The priority for the Commission now is to support the parties to Irish employment relationships by working hard to identify problems at the earliest possible moment, advising and assisting the development of strong in-house procedures in companies and working to ensure that the Commission's services remain flexible and relevant to the needs of Irish employments."
* Mr Cashell commented that evidence of the commitment of the Commission to these priorities included the launch of a new Workplace Mediation Service at the latter end of 2005. "This Service is targeted at relationship based disputes in employment and is a direct response by the Commission to the perception of a need in Irish employments today" said Mr Cashell.
Full text of Annual Report 2005:
http://www.lrc.ie/viewdoc.asp?m=u&fn=/documents/annualreports/2005/launch.htm
Saturday, June 24, 2006
Consultation on Plans for Restatement of Legislation
From http://www.lawreform.ie/ :
TAOISEACH ANNOUNCES PUBLIC CONSULTATION ON PLANS FOR RESTATEMENT OF LEGISLATION
The Taoiseach recently announced a two-month long public consultation process on the programme to restate existing legislation. The Statute Law Restatement Programme will make legislation more user-friendly and accessible by updating existing Acts to incorporate all changes made by subsequent Acts or Statutory Instruments into one easy to read format. Restatements do not alter the effect of the law in any way.
Speaking at the recent Public Affairs Ireland Conference in Dublin, the Taoiseach said that this process of consultation would be central in selecting which laws should be considered first for restatement. "Government needs to be alert to our changing environment, and that often means updating existing legislation. However, in some cases it has been necessary to amend Acts several times, usually over a number of years and in a variety of ways. This can make it difficult for both lawyers and members of the public to keep abreast of the current provisions of particular legislation. One way to make these laws more accessible is to issue consolidated or "restated" texts, which incorporate every change into one readable and easy to use format.
"Of course, many of our laws have been amended and revised since they came into force, and the Government will need to decide which laws have the greatest impact on citizens and business and, so should be approved for restatement first. Before we make that decision, we are looking for the views of the public, legal practitioners and any other interested party as to which laws they consider are most suitable for restatement."
The Law Reform Commission will conduct the Statute Law Restatement Project, under the guidance of a steering group comprising of representatives of the Department of the Taoiseach, the Office of the Attorney General, the Law Reform Commission and key Government Departments.
Submissions are now invited from any interested party as to which Acts should be considered for restatement and may be sent to the address below by 31 July 2006 in writing to:
Restatement, Law Reform Commission, 35-39 Shelbourne Road, Ballsbridge, Dublin 4.
By email: restatement@lawreform.ie
By telephone: (01) 637 7600 By fax: (01)637 7601
TAOISEACH ANNOUNCES PUBLIC CONSULTATION ON PLANS FOR RESTATEMENT OF LEGISLATION
The Taoiseach recently announced a two-month long public consultation process on the programme to restate existing legislation. The Statute Law Restatement Programme will make legislation more user-friendly and accessible by updating existing Acts to incorporate all changes made by subsequent Acts or Statutory Instruments into one easy to read format. Restatements do not alter the effect of the law in any way.
Speaking at the recent Public Affairs Ireland Conference in Dublin, the Taoiseach said that this process of consultation would be central in selecting which laws should be considered first for restatement. "Government needs to be alert to our changing environment, and that often means updating existing legislation. However, in some cases it has been necessary to amend Acts several times, usually over a number of years and in a variety of ways. This can make it difficult for both lawyers and members of the public to keep abreast of the current provisions of particular legislation. One way to make these laws more accessible is to issue consolidated or "restated" texts, which incorporate every change into one readable and easy to use format.
"Of course, many of our laws have been amended and revised since they came into force, and the Government will need to decide which laws have the greatest impact on citizens and business and, so should be approved for restatement first. Before we make that decision, we are looking for the views of the public, legal practitioners and any other interested party as to which laws they consider are most suitable for restatement."
The Law Reform Commission will conduct the Statute Law Restatement Project, under the guidance of a steering group comprising of representatives of the Department of the Taoiseach, the Office of the Attorney General, the Law Reform Commission and key Government Departments.
Submissions are now invited from any interested party as to which Acts should be considered for restatement and may be sent to the address below by 31 July 2006 in writing to:
Restatement, Law Reform Commission, 35-39 Shelbourne Road, Ballsbridge, Dublin 4.
By email: restatement@lawreform.ie
By telephone: (01) 637 7600 By fax: (01)637 7601
Wednesday, June 07, 2006
More on Unlawful Carnal Knowledge
The "Mister A" case - news coverage:
'Mr A back in jail as President signs new sex crimes Bill'
http://www.ireland.com/newspaper/front/2006/0603/3680253687HM1UNDERAGE.html
See also
http://www.rte.ie/news/2006/0602/rape.html
[The Supreme Court has not yet issued the full text of its reasoning in the A case.]
The C.C. case is now also available on BAILII:
C.C. v Ireland [2006] IESC 33 - http://www.bailii.org/ie/cases/IESC/2006/S33.html
The new Criminal Law (Sexual Offences) Act is not yet available on the web.
For earlier versions see
http://www.oireachtas.ie/viewdoc.asp?DocID=5771
'Mr A back in jail as President signs new sex crimes Bill'
http://www.ireland.com/newspaper/front/2006/0603/3680253687HM1UNDERAGE.html
See also
http://www.rte.ie/news/2006/0602/rape.html
[The Supreme Court has not yet issued the full text of its reasoning in the A case.]
The C.C. case is now also available on BAILII:
C.C. v Ireland [2006] IESC 33 - http://www.bailii.org/ie/cases/IESC/2006/S33.html
The new Criminal Law (Sexual Offences) Act is not yet available on the web.
For earlier versions see
http://www.oireachtas.ie/viewdoc.asp?DocID=5771
Wednesday, May 24, 2006
Unlawful Carnal Knowledge in Supreme Court
Yesterday's Supreme Court judgment regarding unlawful carnal knowledge is available at
http://www.courts.ie/judgments.nsf/HomePage?OpenForm
The title of the case is C.C. v Ireland [2006] IESC 33.
The Criminal Law Amendment Act 1935 is available at
http://www.bailii.org/ie/legis/num_act/1935/zza6y1935.1.html
Sample News Stories concerning the case:
http://www.courts.ie/judgments.nsf/HomePage?OpenForm
The title of the case is C.C. v Ireland [2006] IESC 33.
The Criminal Law Amendment Act 1935 is available at
http://www.bailii.org/ie/legis/num_act/1935/zza6y1935.1.html
Sample News Stories concerning the case:
Tuesday, April 25, 2006
LRC Consultation Paper on Duress and Necessity
http://www.lawreform.ie :
Consultation Paper on Duress and Necessity
Tuesday, 25th April 2006: The Law Reform Commission's Consultation Paper on Duress and Necessity will be formally launched by the Hon Mr Justice John L. Murray, Chief Justice. This Consultation Paper on Duress and Necessity is part of a series on defences to criminal charges, one of the topics identified for examination under the Commission’s Second Programme of Law Reform 2000-2007. The first of these Papers, the Consultation Paper on Homicide: The Plea of Provocation, was published in 2003 and a third, a Consultation Paper on Legitimate Defence, is forthcoming. The legislative proposals contained in these Papers are being published against the background of the establishment of an Advisory Committee on the Codification of the Criminal Law under the Criminal Justice Bill 2004; the pleas of duress and necessity are exclusively judge-made law, and have not, as yet, been reduced to statutory form. [http://www.lawreform.ie//Duress%20and%20Necessity%20CP9.pdf]
Overview of Defences of Duress and Necessity
The defences of duress and necessity apply where an individual is constrained or coerced into committing a crime by reason of serious threats (duress) or dire circumstances (necessity). In many cases the defences are discussed in relation to homicide, but they also apply to other offences, ranging from receiving stolen property to unlawful possession of firearms. In duress, the defendant is faced with threats of death or serious harm (‘do this or else’), unless he or she commits a crime. For example, in the leading Irish case on duress, People v Whelan (1933) the defendant was charged with receiving stolen money. He admitted that he had accepted the money but said that he had done so under duress from another man, who had been armed with a revolver. The jury found that he had been under threats of “immediate death or serious personal violence” and the defence of duress was accepted.
In situations of necessity, the defendant faces a serious threat arising from a circumstantial or non-human source (unlike duress, there is no element of ‘do this or else’). The sinking of the ferry the Herald of Free Enterprise at Zeebrugge in 1987 provides a good example. As the ferry was sinking a man on the ship pushed another man to his death because he was frozen with fear and blocking the escape route for several others. Although the Director of Public Prosecutions decided not to proffer charges against him, most commentators consider that the defence of necessity should apply in situations of this kind.
Detailed provisional recommendations in the Consultation Paper On the defence of duress, the Commission provisionally recommends that its current limitations should remain. These include that:
the threat must be of death or serious harm;
the target of the threats need not necessarily be a relative or close friend of the accused;
the accused’s resistance must have been overcome, and this resistance must be that of the ordinary person, with the characteristics of the accused person;
the accused should have tried to seek official protection before taking the action that they did;
if the accused subjected themselves to the risk of threats, for example, by joining a criminal gang, they will not be allowed to avail of the defence.
Although the defence does not apply to murder, the Commission provisionally recommends that it should be allowed as a partial defence, which would reduce the charge from murder to manslaughter. Moreover, while acknowledging that the plea might be made available as a partial defence to those offences, the Commission accepts that a coherent case can also be made for treating duress as a complete defence where the accused’s actions can be justified on the grounds that the person chose the lesser of two evils, and invites submissions on this matter.
On the defence of necessity, the Commission provisionally recommends that it should be retained in its current form so that it would apply in certain exceptional circumstances where a person is faced with a constrained choice regarding his or her actions, the constraint arising from extraneous circumstances, and where the person, in choosing the course of action taken, breaks the law. As with duress, the Commission accepts that a coherent case can also be made for treating necessity as a complete defence where the accused’s actions can be justified on the grounds of lesser evils, and invites submissions on this matter.
Submissions on the provisional recommendations contained in this Consultation Paper are welcome by 30th September 2006.
Making a Submission : http://www.lawreform.ie/submissions/submission.htm
Consultation Paper on Duress and Necessity
Tuesday, 25th April 2006: The Law Reform Commission's Consultation Paper on Duress and Necessity will be formally launched by the Hon Mr Justice John L. Murray, Chief Justice. This Consultation Paper on Duress and Necessity is part of a series on defences to criminal charges, one of the topics identified for examination under the Commission’s Second Programme of Law Reform 2000-2007. The first of these Papers, the Consultation Paper on Homicide: The Plea of Provocation, was published in 2003 and a third, a Consultation Paper on Legitimate Defence, is forthcoming. The legislative proposals contained in these Papers are being published against the background of the establishment of an Advisory Committee on the Codification of the Criminal Law under the Criminal Justice Bill 2004; the pleas of duress and necessity are exclusively judge-made law, and have not, as yet, been reduced to statutory form. [http://www.lawreform.ie//Duress%20and%20Necessity%20CP9.pdf]
Overview of Defences of Duress and Necessity
The defences of duress and necessity apply where an individual is constrained or coerced into committing a crime by reason of serious threats (duress) or dire circumstances (necessity). In many cases the defences are discussed in relation to homicide, but they also apply to other offences, ranging from receiving stolen property to unlawful possession of firearms. In duress, the defendant is faced with threats of death or serious harm (‘do this or else’), unless he or she commits a crime. For example, in the leading Irish case on duress, People v Whelan (1933) the defendant was charged with receiving stolen money. He admitted that he had accepted the money but said that he had done so under duress from another man, who had been armed with a revolver. The jury found that he had been under threats of “immediate death or serious personal violence” and the defence of duress was accepted.
In situations of necessity, the defendant faces a serious threat arising from a circumstantial or non-human source (unlike duress, there is no element of ‘do this or else’). The sinking of the ferry the Herald of Free Enterprise at Zeebrugge in 1987 provides a good example. As the ferry was sinking a man on the ship pushed another man to his death because he was frozen with fear and blocking the escape route for several others. Although the Director of Public Prosecutions decided not to proffer charges against him, most commentators consider that the defence of necessity should apply in situations of this kind.
Detailed provisional recommendations in the Consultation Paper On the defence of duress, the Commission provisionally recommends that its current limitations should remain. These include that:
the threat must be of death or serious harm;
the target of the threats need not necessarily be a relative or close friend of the accused;
the accused’s resistance must have been overcome, and this resistance must be that of the ordinary person, with the characteristics of the accused person;
the accused should have tried to seek official protection before taking the action that they did;
if the accused subjected themselves to the risk of threats, for example, by joining a criminal gang, they will not be allowed to avail of the defence.
Although the defence does not apply to murder, the Commission provisionally recommends that it should be allowed as a partial defence, which would reduce the charge from murder to manslaughter. Moreover, while acknowledging that the plea might be made available as a partial defence to those offences, the Commission accepts that a coherent case can also be made for treating duress as a complete defence where the accused’s actions can be justified on the grounds that the person chose the lesser of two evils, and invites submissions on this matter.
On the defence of necessity, the Commission provisionally recommends that it should be retained in its current form so that it would apply in certain exceptional circumstances where a person is faced with a constrained choice regarding his or her actions, the constraint arising from extraneous circumstances, and where the person, in choosing the course of action taken, breaks the law. As with duress, the Commission accepts that a coherent case can also be made for treating necessity as a complete defence where the accused’s actions can be justified on the grounds of lesser evils, and invites submissions on this matter.
Submissions on the provisional recommendations contained in this Consultation Paper are welcome by 30th September 2006.
Making a Submission : http://www.lawreform.ie/submissions/submission.htm
Tuesday, April 04, 2006
Employment Appeals Tribunal website
The Employment Appeals Tribunal has just launched a new website at
http://www.eatribunal.ie
It contains annual reports, claim forms, etc., but not the decisions of thetribunal. Those are still circulated by monthly e-mail in PDF to interested parties (contact the tribunal to be added to the mailing list.)
The press release regarding the launch of the website is at http://www.entemp.ie/press/2006/20060403.htm
Update in 2012:
The EAT website now includes the decisions of the Tribunal.
See http://www.eatribunal.ie/en/Determinations.aspx
(Decisions have been available for some years).
http://www.eatribunal.ie
It contains annual reports, claim forms, etc., but not the decisions of thetribunal. Those are still circulated by monthly e-mail in PDF to interested parties (contact the tribunal to be added to the mailing list.)
The press release regarding the launch of the website is at http://www.entemp.ie/press/2006/20060403.htm
Update in 2012:
The EAT website now includes the decisions of the Tribunal.
See http://www.eatribunal.ie/en/Determinations.aspx
(Decisions have been available for some years).
Thursday, February 16, 2006
Forthcoming Events
A new list of forthcoming events has today (16 February 2006) been distributed to the Irish Law Updates list.
The full message is available at
http://www.ucc.ie/law/irishlaw/updates/no26_16feb2006.shtml
Examples:
Sat.18 Feb.'06: Society of Legal Scholars (SLS) Ireland Seminar - Trinity College, Dublin http://www.tcd.ie/Law/SLSSeminar.html
Fri.24 Feb.'06: Crimes Against Humanitarian Law: International Trials in Perspective - Trinity College Dublin
http://www.tcd.ie/iiis/pages/events/crimesconference.php
Wed.8 Mar.'06: The Criminalisation of Children and Young People - Institute of Criminology, UCD, Dublin
http://www.ucd.ie/criminol/
Mon.20 Mar.'06: Making constitutional and human rights relevant in practice: Working with the Irish Constitution and the European Convention on Human Rights - Law Society Seminar, Blackhall Place, Dublin
http://www.irishlaw.org/events/lawsoc05-06.shtml
Sat.25 Mar.'06: Judicial Review - Bar Council Conference, Dublin http://www.lawlibrary.ie/viewdoc.asp?DocID=574
Wed.29 Mar.'06: "No Turning Back: New Labour and the Politics of Law and Order" - Queen's University Belfast
http://www.law.qub.ac.uk/events/homeevents.html
Fri.31 Mar.'06: Co-Ownership Agreements - Tipperary (Law Society Seminar) http://www.irishlaw.org/events/lawsoc05-06.shtml
Thu.-Fri.6-7 Apr.'06: 6-7 April 2006: 21st British and Irish Law, Education and Technology (BILETA) Annual Conference: Globalisation and Harmonisation in Technology Law, Malta http://events.um.edu.mt/bileta2006/
Fri.-Sun. 7-9 Apr.'06: Law in a Changing Ireland: Annual Conference of Irish Association of Law Teachers - Cork
http://www.ialt.org/
Thu.27 Apr.'06: Law and the Environment 2006: Fourth Annual Conference for Environmental Professionals - Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/
Thu.27 Apr.'06: Fisheries in Ireland: Lessons from North America - Current Issues in Environmental Law Seminar Series, University of Limerick http://www.ul.ie/envirocom/Noticeboard.htm
Tue.9 May '06: Law Society Annual Family Conference, Dublin http://www.irishlaw.org/events/lawsoc05-06.shtml
Tue.23 May '06: Practical Aspects of Trade Mark Law and Litigation, Law Society Seminar, Blackhall Place, Dublin
http://www.irishlaw.org/events/lawsoc05-06.shtml
Thu.1 Jun.'06: Change in Criminal Justice Policy and Practice in Ireland - Faculty of Law, UCC, Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/
Thu.29 Jun.-Sat.1 Jul.'06: Social Justice in Practice - Association for Legal and Social Philosophy Conference - UCD, Dublin http://www.ucd.ie/alsp2006/
For the full message see
http://www.ucc.ie/law/irishlaw/updates/no26_16feb2006.shtml
The full message is available at
http://www.ucc.ie/law/irishlaw/updates/no26_16feb2006.shtml
Examples:
Sat.18 Feb.'06: Society of Legal Scholars (SLS) Ireland Seminar - Trinity College, Dublin http://www.tcd.ie/Law/SLSSeminar.html
Fri.24 Feb.'06: Crimes Against Humanitarian Law: International Trials in Perspective - Trinity College Dublin
http://www.tcd.ie/iiis/pages/events/crimesconference.php
Wed.8 Mar.'06: The Criminalisation of Children and Young People - Institute of Criminology, UCD, Dublin
http://www.ucd.ie/criminol/
Mon.20 Mar.'06: Making constitutional and human rights relevant in practice: Working with the Irish Constitution and the European Convention on Human Rights - Law Society Seminar, Blackhall Place, Dublin
http://www.irishlaw.org/events/lawsoc05-06.shtml
Sat.25 Mar.'06: Judicial Review - Bar Council Conference, Dublin http://www.lawlibrary.ie/viewdoc.asp?DocID=574
Wed.29 Mar.'06: "No Turning Back: New Labour and the Politics of Law and Order" - Queen's University Belfast
http://www.law.qub.ac.uk/events/homeevents.html
Fri.31 Mar.'06: Co-Ownership Agreements - Tipperary (Law Society Seminar) http://www.irishlaw.org/events/lawsoc05-06.shtml
Thu.-Fri.6-7 Apr.'06: 6-7 April 2006: 21st British and Irish Law, Education and Technology (BILETA) Annual Conference: Globalisation and Harmonisation in Technology Law, Malta http://events.um.edu.mt/bileta2006/
Fri.-Sun. 7-9 Apr.'06: Law in a Changing Ireland: Annual Conference of Irish Association of Law Teachers - Cork
http://www.ialt.org/
Thu.27 Apr.'06: Law and the Environment 2006: Fourth Annual Conference for Environmental Professionals - Faculty of Law, UCC, Cork http://www.ucc.ie/en/lawsite/eventsandnews/events/
Thu.27 Apr.'06: Fisheries in Ireland: Lessons from North America - Current Issues in Environmental Law Seminar Series, University of Limerick http://www.ul.ie/envirocom/Noticeboard.htm
Tue.9 May '06: Law Society Annual Family Conference, Dublin http://www.irishlaw.org/events/lawsoc05-06.shtml
Tue.23 May '06: Practical Aspects of Trade Mark Law and Litigation, Law Society Seminar, Blackhall Place, Dublin
http://www.irishlaw.org/events/lawsoc05-06.shtml
Thu.1 Jun.'06: Change in Criminal Justice Policy and Practice in Ireland - Faculty of Law, UCC, Cork
http://www.ucc.ie/en/lawsite/eventsandnews/events/
Thu.29 Jun.-Sat.1 Jul.'06: Social Justice in Practice - Association for Legal and Social Philosophy Conference - UCD, Dublin http://www.ucd.ie/alsp2006/
For the full message see
http://www.ucc.ie/law/irishlaw/updates/no26_16feb2006.shtml
Wednesday, January 11, 2006
Reform of Legal Costs announced
McDowell announces radical reform of legal costs system and establishment ofLegal Services Ombudsman
Press Release:
The Minister for Justice, Equality and Law Reform, Mr. Michael McDowell T.D., has announced that the Government have accepted the recommendations of the Legal Costs Working Group and that he will now take the necessary steps to implement them. He also announced plans for the establishment of a Legal Services Ombudsman.
Legal Costs Reform
The Legal Costs Working Group, which was chaired by Mr. Paul Haran, the former Secretary General of the Department of Enterprise, Trade and Employment, was established by the Minister in 2004 to look at ways of reducing civil legal costs. Speaking this evening before contributing to a debate in the Trinity College Historical Society on the motion "That regulation of the legal profession should be reformed", the Minister said "I intend to empower the consumer of legal services - the client - and give him or her the information they need to make informed choices. I intend to transform the way in which legal costs are determined and, where legal costs are disputed, how costs are to be assessed. I very much appreciate the painstaking work done by Paul Haran and his Group. The recommendations are wide-ranging and represent significant change in the manner in which legal costs are determined and assessed.
The recommendations span the operational, policy and legislative areas and it is clear that a great deal of preliminary work will be required before the new systems can be put in place. I am therefore pleased that the noted accountant and businessman, Mr. Desmond Miller FCA, has agreed to chair a team to work out an implementation plan and timescale."
Recommendations
The report recommends that costs guidelines should be based on an assessment of the amount and nature of work required to be done in a case. The "work done" principle is central to the Report's recommendations. Recovery of costs for "work agreed to be done but not done" will end. This will be achieved by the replacement of the existing taxation of costs system (by the "taxing masters") with a new regime which would comprise the establishment of:
a legal costs regulatory body to formulate recoverable cost guidelines based on an assessment of the amount of work reasonably required to be done in typical cases;
a written assessment process, based on the recoverable cost guidelines prescribed by the regulatory body, to be carried out by a Legal Costs Assessment Office where legal bills are disputed;
and an oral appeals process conducted by an Appeals Adjudicator.
The Group recommends that the solicitor's instructions fee be broken down into its component parts. A similar approach should also be adopted in relation to the counsel's brief fee. All fees should be itemised and it must be clear to the client what they are being charged, why they are being charged and the basis upon which they are being charged. Given the recommendation that costs should primarily be recoverable by reference to work done, the Group considers the almost universal practice whereby Junior Counsel is paid two thirds the rate of Senior Counsel is unacceptable and unfair given its arbitrary nature.
The Minister said it was also his intention to radically strengthen the law in relation to the charging of percentage deductions from awards by solicitors and barristers. "Once the new costs arrangements have been put inplace and have bedded into the legal system, the market for civil legal services will become more predictable, consistent and transparent to consumers. This transparency will also make it easier for consumers to recognise competitive prices for the services they require and facilitate access to the State's system of justice" he said.
Legal Services Ombudsman
The Minister also confirmed the Government have approved his plans to establish a Legal Services Ombudsman to strengthen the mechanisms for dealing with complaints against solicitors and barristers. The Ombudsman will oversee the handling by the Law Society and Bar Council of three classes of complaint against solicitors and barristers, namely -inadequate services, excessive fees and misconduct.
The Ombudsman's key functions will be:
to provide a forum of appeal for clients of solicitors and barristers who are dissatisfied with the outcome of a complaint made to the Law Society orBar Council;
an overseeing role by examining a selection of complaints files each year taken on a random basis;
monitoring access to the professions and reporting to the Minister and the Oireachtas on the adequacy of numbers admitted annually to each profession.
The Legal Services Ombudsman will effectively subsume the Law Society's existing office of Independent Adjudicator and carry out the same functions in respect of both solicitors and barristers. Provision for the Legal Services Ombudsman will be included in a Civil Law(Miscellaneous Provisions) Bill which is currently being drafted and is likely to be published in the spring with a view to enactment before the end of this year.
The Minister said that "Replacement of the Law Society's Adjudicator with a Legal Services Ombudsman will enhance transparency and accessibility and introduce proper accountability to the system. There is a clear public interest in ensuring a high level of confidence in how the professions regulate their affairs and the Ombudsman will contribute to this."
10 January 2006.
Notes for Editors
Existing Complaints information
In 2004 there were 1,103 admissible complaints to the Law Society of which 547 alleged misconduct, 481 alleged inadequate professional services and 75 related to alleged overcharging. Out of 730 completed complaints cases in 2004, 61 were upheld. The Independent Adjudicator reviewed 79 cases in 2004 at the request of complainants and also reviewed a randomly selected sample of a further 40 cases. There are over 6,700 practising solicitors at present. The average number of annual complaints received by the Bar Council is approximately 25. There are 1,540 practising barristers.
Biographical Note on Mr. Desmond Miller, F.C.A. Desmond Miller is a chartered accountant and a former partner in KPMG. He is a past President of the Dublin Chamber of Commerce and the Chambers of Commerce of Ireland. He is currently Chairman and Director of several public and private companies and is Chairman of the Waterford Institute ofTechnology Foundation.
The Report of the Legal Costs Working Group is available at
http://www.justice.ie Choose: Publications > Courts Policy
Alternatively, try http://tinyurl.com/9tfm8
Press Release:
The Minister for Justice, Equality and Law Reform, Mr. Michael McDowell T.D., has announced that the Government have accepted the recommendations of the Legal Costs Working Group and that he will now take the necessary steps to implement them. He also announced plans for the establishment of a Legal Services Ombudsman.
Legal Costs Reform
The Legal Costs Working Group, which was chaired by Mr. Paul Haran, the former Secretary General of the Department of Enterprise, Trade and Employment, was established by the Minister in 2004 to look at ways of reducing civil legal costs. Speaking this evening before contributing to a debate in the Trinity College Historical Society on the motion "That regulation of the legal profession should be reformed", the Minister said "I intend to empower the consumer of legal services - the client - and give him or her the information they need to make informed choices. I intend to transform the way in which legal costs are determined and, where legal costs are disputed, how costs are to be assessed. I very much appreciate the painstaking work done by Paul Haran and his Group. The recommendations are wide-ranging and represent significant change in the manner in which legal costs are determined and assessed.
The recommendations span the operational, policy and legislative areas and it is clear that a great deal of preliminary work will be required before the new systems can be put in place. I am therefore pleased that the noted accountant and businessman, Mr. Desmond Miller FCA, has agreed to chair a team to work out an implementation plan and timescale."
Recommendations
The report recommends that costs guidelines should be based on an assessment of the amount and nature of work required to be done in a case. The "work done" principle is central to the Report's recommendations. Recovery of costs for "work agreed to be done but not done" will end. This will be achieved by the replacement of the existing taxation of costs system (by the "taxing masters") with a new regime which would comprise the establishment of:
a legal costs regulatory body to formulate recoverable cost guidelines based on an assessment of the amount of work reasonably required to be done in typical cases;
a written assessment process, based on the recoverable cost guidelines prescribed by the regulatory body, to be carried out by a Legal Costs Assessment Office where legal bills are disputed;
and an oral appeals process conducted by an Appeals Adjudicator.
The Group recommends that the solicitor's instructions fee be broken down into its component parts. A similar approach should also be adopted in relation to the counsel's brief fee. All fees should be itemised and it must be clear to the client what they are being charged, why they are being charged and the basis upon which they are being charged. Given the recommendation that costs should primarily be recoverable by reference to work done, the Group considers the almost universal practice whereby Junior Counsel is paid two thirds the rate of Senior Counsel is unacceptable and unfair given its arbitrary nature.
The Minister said it was also his intention to radically strengthen the law in relation to the charging of percentage deductions from awards by solicitors and barristers. "Once the new costs arrangements have been put inplace and have bedded into the legal system, the market for civil legal services will become more predictable, consistent and transparent to consumers. This transparency will also make it easier for consumers to recognise competitive prices for the services they require and facilitate access to the State's system of justice" he said.
Legal Services Ombudsman
The Minister also confirmed the Government have approved his plans to establish a Legal Services Ombudsman to strengthen the mechanisms for dealing with complaints against solicitors and barristers. The Ombudsman will oversee the handling by the Law Society and Bar Council of three classes of complaint against solicitors and barristers, namely -inadequate services, excessive fees and misconduct.
The Ombudsman's key functions will be:
to provide a forum of appeal for clients of solicitors and barristers who are dissatisfied with the outcome of a complaint made to the Law Society orBar Council;
an overseeing role by examining a selection of complaints files each year taken on a random basis;
monitoring access to the professions and reporting to the Minister and the Oireachtas on the adequacy of numbers admitted annually to each profession.
The Legal Services Ombudsman will effectively subsume the Law Society's existing office of Independent Adjudicator and carry out the same functions in respect of both solicitors and barristers. Provision for the Legal Services Ombudsman will be included in a Civil Law(Miscellaneous Provisions) Bill which is currently being drafted and is likely to be published in the spring with a view to enactment before the end of this year.
The Minister said that "Replacement of the Law Society's Adjudicator with a Legal Services Ombudsman will enhance transparency and accessibility and introduce proper accountability to the system. There is a clear public interest in ensuring a high level of confidence in how the professions regulate their affairs and the Ombudsman will contribute to this."
10 January 2006.
Notes for Editors
Existing Complaints information
In 2004 there were 1,103 admissible complaints to the Law Society of which 547 alleged misconduct, 481 alleged inadequate professional services and 75 related to alleged overcharging. Out of 730 completed complaints cases in 2004, 61 were upheld. The Independent Adjudicator reviewed 79 cases in 2004 at the request of complainants and also reviewed a randomly selected sample of a further 40 cases. There are over 6,700 practising solicitors at present. The average number of annual complaints received by the Bar Council is approximately 25. There are 1,540 practising barristers.
Biographical Note on Mr. Desmond Miller, F.C.A. Desmond Miller is a chartered accountant and a former partner in KPMG. He is a past President of the Dublin Chamber of Commerce and the Chambers of Commerce of Ireland. He is currently Chairman and Director of several public and private companies and is Chairman of the Waterford Institute ofTechnology Foundation.
The Report of the Legal Costs Working Group is available at
http://www.justice.ie Choose: Publications > Courts Policy
Alternatively, try http://tinyurl.com/9tfm8
Wednesday, September 07, 2005
More events
A large number of events have been added to the IrishLaw events page at
www.irishlaw.org/events/
Some examples:
Wed.-Thu. 21-22 Sep.'05: Criminal Justice Research, North and South - QUB, Belfast
Thu.22 Sep.'05: Special Areas of Conservation and Natural Heritage Sites - TCD Law School, Dublin
Wed.28 Sep.'05: Estates and Trusts: Recurring Tax Issues - Dublin
Fri.30 Sep.'05: Why Lawyers and Economists Should be Friends - Joint Irish Society for European Law / Competition Authority Conference - Dublin
OCTOBER 2005
Tue.4 Oct.'05: Discrimination in Goods And Services: Implications of the Equal Status Acts 2000-2004 - Law Society, Dublin
Wed.5 Oct.'05: The Cultural Roots of American Over-Incarceration in the 1980's and 1990's - UCD Institute of Criminology, Dublin
Thu.6 Oct.'05: Public Interest Law in Ireland - FLAC Seminar - Dublin
Wed.12 Oct.'05: Women’s Imprisonment in Northern Ireland: Reflections & Futures - Belfast
Sat.15 Oct.'05: Migrant Workers and Human Rights Law (Irish Human Rights Commission conference) - Dublin
Sat.15 Oct.'05: Freedom of Information Conference - TCD Law School, Dublin
Thu.20 Oct.'05: Teaching, Learning, Living Human Rights - Dublin Castle
Tue.-Wed. 15-16 Nov.'05: The Ongoing Development of a Genuine Single Market for Financial Services: The European Banking “Passport”, Pensions, Tax Harmonisation and Money Laundering - Academy of European Law conference, Dublin
Thu.17 Nov.'05: Can Human Rights Survive? The Crisis of Scarce Resources - Hamlyn Lecture by Professor Conor Gearty, QUB Law School, Belfast
Fri.2 Dec.'05: Guardianship: A New Structure for Vulnerable Adults - Law Reform Commission Annual Conference 2005 - Dublin
Thu. 8 Dec.'05: Data Protection in Ireland - Dublin
Fri. 9 Dec.'05: Freedom of Information in Ireland - Dublin
Fri.-Sat. 9-10 Dec.'05: International Conference on Economic Social and Cultural Rights - Dublin
2006
www.irishlaw.org/events/
Some examples:
Wed.-Thu. 21-22 Sep.'05: Criminal Justice Research, North and South - QUB, Belfast
Thu.22 Sep.'05: Special Areas of Conservation and Natural Heritage Sites - TCD Law School, Dublin
Wed.28 Sep.'05: Estates and Trusts: Recurring Tax Issues - Dublin
Fri.30 Sep.'05: Why Lawyers and Economists Should be Friends - Joint Irish Society for European Law / Competition Authority Conference - Dublin
OCTOBER 2005
Tue.4 Oct.'05: Discrimination in Goods And Services: Implications of the Equal Status Acts 2000-2004 - Law Society, Dublin
Wed.5 Oct.'05: The Cultural Roots of American Over-Incarceration in the 1980's and 1990's - UCD Institute of Criminology, Dublin
Thu.6 Oct.'05: Public Interest Law in Ireland - FLAC Seminar - Dublin
Wed.12 Oct.'05: Women’s Imprisonment in Northern Ireland: Reflections & Futures - Belfast
Sat.15 Oct.'05: Migrant Workers and Human Rights Law (Irish Human Rights Commission conference) - Dublin
Sat.15 Oct.'05: Freedom of Information Conference - TCD Law School, Dublin
Thu.20 Oct.'05: Teaching, Learning, Living Human Rights - Dublin Castle
Tue.-Wed. 15-16 Nov.'05: The Ongoing Development of a Genuine Single Market for Financial Services: The European Banking “Passport”, Pensions, Tax Harmonisation and Money Laundering - Academy of European Law conference, Dublin
Thu.17 Nov.'05: Can Human Rights Survive? The Crisis of Scarce Resources - Hamlyn Lecture by Professor Conor Gearty, QUB Law School, Belfast
Fri.2 Dec.'05: Guardianship: A New Structure for Vulnerable Adults - Law Reform Commission Annual Conference 2005 - Dublin
Thu. 8 Dec.'05: Data Protection in Ireland - Dublin
Fri. 9 Dec.'05: Freedom of Information in Ireland - Dublin
Fri.-Sat. 9-10 Dec.'05: International Conference on Economic Social and Cultural Rights - Dublin
2006
Update to Guide to Irish Law
I have updated the Guide to Irish Law and the new version is available on New York University law library's website at
http://www.nyulawglobal.org/globalex/Ireland.htm
http://www.nyulawglobal.org/globalex/Ireland.htm
Friday, May 20, 2005
Commission on Assisted Human Reproduction
http://www.dohc.ie/press/releases/2005/20050512.html
Tánaiste welcomes publication of the report of the Commission on AssistedHuman Reproduction12 May 2005
The Tánaiste and Minister for Health and Children, Mary Harney TD, has beenpresented with the report of the Commission on Assisted Human Reproduction, which was established in March 2000. The Government has referred the report to the Oireachtas Joint Committee on Health and Children for consideration and has authorised its publication by the Commission. The Tánaiste in welcoming the report said: 'The issues examined by theCommission are clearly difficult and emotive for many people. Some of the issues it examined go to the core of our concepts of human dignity and personhood; however, the Commission approached its work from the standpoint that AHR is a positive development in reproductive medicine; it offers the possibility of parenthood to involuntarily infertile people. I am pleased that the best interests of the child born though AHR were fundamental in theCommission's priorities throughout its deliberations.' The Tánaiste added: 'It is not satisfactory that there is no statuary regulation in the area of assisted reproduction, but in advance of theGovernment framing such regulation, the Commission's report needs to be subjected to public and political consideration. Therefore to allow for this in the first instance the Government have referred the report to theOireachtas Joint Committee on Health and Children to consider therecommendations of the Commission."
The Tánaiste paid tribute to the hard work and commitment of the Chairperson and members of the Commission in examining this difficult and controversial area. 'The Chairperson, Professor Dervilla Donnelly, Commission members and all those who participated in its work have given their invaluable expertise and time to produce this comprehensive report. I thank them for their dedication to the Commission's work.'
Full report:
http://www.dohc.ie/news/2005/cahr.html
Tánaiste welcomes publication of the report of the Commission on AssistedHuman Reproduction12 May 2005
The Tánaiste and Minister for Health and Children, Mary Harney TD, has beenpresented with the report of the Commission on Assisted Human Reproduction, which was established in March 2000. The Government has referred the report to the Oireachtas Joint Committee on Health and Children for consideration and has authorised its publication by the Commission. The Tánaiste in welcoming the report said: 'The issues examined by theCommission are clearly difficult and emotive for many people. Some of the issues it examined go to the core of our concepts of human dignity and personhood; however, the Commission approached its work from the standpoint that AHR is a positive development in reproductive medicine; it offers the possibility of parenthood to involuntarily infertile people. I am pleased that the best interests of the child born though AHR were fundamental in theCommission's priorities throughout its deliberations.' The Tánaiste added: 'It is not satisfactory that there is no statuary regulation in the area of assisted reproduction, but in advance of theGovernment framing such regulation, the Commission's report needs to be subjected to public and political consideration. Therefore to allow for this in the first instance the Government have referred the report to theOireachtas Joint Committee on Health and Children to consider therecommendations of the Commission."
The Tánaiste paid tribute to the hard work and commitment of the Chairperson and members of the Commission in examining this difficult and controversial area. 'The Chairperson, Professor Dervilla Donnelly, Commission members and all those who participated in its work have given their invaluable expertise and time to produce this comprehensive report. I thank them for their dedication to the Commission's work.'
Full report:
http://www.dohc.ie/news/2005/cahr.html
Wednesday, March 02, 2005
Events added to events page
A number of new events have been added to the events page at
www.irishlaw.org/events/
Some examples:
Wed.-Thu. 6-7 Apr.'05: Annual Conference of British and Irish Law,
Education and Technology Association (BILETA) - Belfast
www.law.qub.ac.uk/bileta2005/
Thu.7 Apr.'05: State Aids and Taxation - Current Issues - Dublin
www.isel.ie/coming.htm
Sat.9 Apr.'05: Litigation Against Primary Schools: Strategies to Reduce the
Risk of Liability - TCD, Dublin
www.tcd.ie/Law/Primary2005.html
Thu.14 Apr.'05: Law and the Environment: A Conference for Environmental
Professionals - Faculty of Law, University College Cork
www.ucc.ie/law/events/
Mon.25-Wed.27 Apr.'05: Irish Data Protection Conferences - IIR Conferences
- Gresham Hotel, Dublin
For a full listing, see www.irishlaw.org/events/
www.irishlaw.org/events/
Some examples:
Wed.-Thu. 6-7 Apr.'05: Annual Conference of British and Irish Law,
Education and Technology Association (BILETA) - Belfast
www.law.qub.ac.uk/bileta2005/
Thu.7 Apr.'05: State Aids and Taxation - Current Issues - Dublin
www.isel.ie/coming.htm
Sat.9 Apr.'05: Litigation Against Primary Schools: Strategies to Reduce the
Risk of Liability - TCD, Dublin
www.tcd.ie/Law/Primary2005.html
Thu.14 Apr.'05: Law and the Environment: A Conference for Environmental
Professionals - Faculty of Law, University College Cork
www.ucc.ie/law/events/
Mon.25-Wed.27 Apr.'05: Irish Data Protection Conferences - IIR Conferences
- Gresham Hotel, Dublin
- Mon.25 Apr.: Pre-Conference Workshop - 'Employees and Data Protection Compliance'
- Tue.26 Apr.: Conference - 'Data Protection in Ireland'
- Wed.27 Apr.: Post-Conference Workshop - 'Implementing the New Data
Protection Regime'
Tue.26 Apr.'05: Refugee Law in the age of Globalisation - TCD, Dublin
www.isil.ie/eventR
Tue. 26 Apr.'05: Engendering Citizenship Debates: Migrant Women and
Reproduction in Ireland - QUB, Belfast
www.law.qub.ac.uk/events/homeevents.html
Fri.29 Apr.-Mon. 2 May'05: Burren Law School 2005 - Education -Empowerment
and the Law - A Contemporary & Brehon Perspective
www.burrenlawschool.org
For a full listing, see www.irishlaw.org/events/
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