Privacy in the Virtual World - Dublin, 27 June 2008

Darklight Film Festival 2008 - Dublin, Ireland

www.darklight.ie/pages/Programme270608.htm

Symposium:

Letting It All Hang Out: Privacy Vs. Publicity In The Virtual World

Film Base, Curved Street, Temple Bar, Dublin

Friday 27 June 2008
10 - 11.30 am

For a new generation of 'digital natives' privacy is no longer a requirement. Web 2.0 has brought with it a transformation in how we view the need for privacy and engage with the public realm - but at what cost? The discussion will be prefaced by a keynote address from Daniel J. Solove, Associate Professor of law at the George Washington University Law School, and author of The Digital Person: Technology and Privacy In the Information Age. Chaired by Irish Times writer Karlin Lillington, the panel will also feature Irish blogging guru Damien Mulley and solicitor/digital rights expert Caroline Campbell.

Issues to be considered include:
* Can bloggers say what they like?
* What's wrong with having nothing to hide?
* Who is really stalking you on Facebook? .. Does anyone care anymore?
* Is there a generation gap in approaches to online privacy?

www.darklight.ie/pages/Programme270608.htm

Reforming Laws on Sexual Violence: UCC Event on 27 June

Centre for Criminal Justice and Human Rights
Faculty of Law, University College Cork
Annual Criminal Law Conference
"Reforming Laws on Sexual Violence: International Perspectives"
Friday 27th June 2008

Speakers include:
Judge T Doherty (Special Court Sierra Leone);
Kelly D. Askin (Open Society Justice Initiative);
Madeleine Rees (OHCHR - Bosnia Herzegovina) ;
Doris Buss (Carleton University, Canada);
Fionnuala Ni Aoláin (TJI Uslter / Minnesota);
Penny Andrews (Valparaiso Uni / South Africa);
Amira Khair (ICC Women / Sudan);
Milena Pires (Govt of Timor-Leste);
B. Klappe (Netherlands Defence Academy);
O. Barbour (Irish Defence Forces);
Thomas O'Malley (NUI Galway);
James Hamilton (Director of Public Prosecutions);
Martha Fineman (Emory University, USA);
Nora Owen (Commission for Victims of Crime)

Venue: Aula Maxima, University College Cork
Time: 10.15am- 6.00 pm (Registration and Tea / Coffee from 9.30am)
CPD Group Study 6.5 points
Further details and booking form at: www.ucc.ie/en/ccjhr/events/
RSVP: ccjhr@ucc.ie June 20th 2008

This conference is organised with the support of the Department of Foreign Affairs and will be the first event of the Irish Government's Chair of the Human Security Network (www.humansecurity.org)

Report of Commissioner for Human Rights on Ireland

The Report of the Commissioner for Human Rights on his visit to Ireland was just published on 30 April. It includes responses from the Irish Government.

Commissioner for Human Rights, Report by the Commissioner on his Visit to Ireland 26 - 30 November 2007 (CommDH(2008)9, Council of Europe, 2008)

Go to
www.commissioner.coe.int and choose 'Latest Documents'

For a link to the actual report, try this:
https://wcd.coe.int/ViewDoc.jsp?id=1283555

[Click the PDF icon if you want a PDF version]

Media report (extract):

Commissioner doesn't pull his punches
Irish Times, 1 May 2008
www.ireland.com/newspaper/ireland/2008/0501/1209592340146.html

Ireland's record in looking after vulnerable people is graphically spelt out by the Council of Europe, writes Jamie Smyth, European Correspondent

COMMISSIONER FOR human rights Thomas Hammarberg didn't pull any punches when he presented his report on Ireland's human rights record to the Council of Europe's committee of ministers in Strasbourg yesterday.

His 58-page analysis of Government policy lays bare his office's assessment that the standard of care currently provided to vulnerable groups in society such as children, asylum seekers, Travellers and psychiatric patients is unacceptable.

Extension of compulsory registration of ownership of land

Minister announces further extension of compulsory registration of ownership of land
(Link to Press Release)

The Minister for Justice, Equality and Law Reform, Mr. Brian Lenihan, T.D., today announced that he has signed an Order extending compulsory registration of ownership of land to six further counties. The Order will extend compulsory registration, under the Registration of Title Act, 1964, to the counties of Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow and brings the total number of 'compulsory registration' counties to 12.

The Minister said: "I am determined to make rapid progress on extending registration of land ownership and it is for this reason that I requested the Property Registration Authority to identify additional counties where compulsory title registration could be introduced."

Compulsory registration of ownership of land means that the ownership of the title to the land must be registered in the Land Registry.

Compulsory registration applies in a number of situations:

· Where freehold land has been sold and conveyed to or vested in any person under the land purchase acts or the labourers acts;
· Where freehold land is acquired by a statutory authority, e.g. a Minister, local or public authority, or any company or body established by legislation;
· To sales of freehold land in areas which are the subject of compulsory registration orders made by the Minister;
· To leases (with over 21 years unexpired at the date of registration) by a statutory authority and assignments on sale of such leases in areas which are the subject of compulsory registration orders made by the Minister.

The Minister concluded: "According to the World Bank, efficient property registration systems which facilitate land transactions and protect ownership rights contribute to economic progress and competitiveness. The Bank has identified substantial scope for reducing registration delays and related costs in Ireland and that is why the Property Registration Authority has been given the specific task of promoting and extending land registration. Title registration is also an essential prerequisite for electronic conveyancing of land (eConveyancing) which is capable of yielding additional savings and efficiencies for the benefit of consumers."

In order to give adequate notice to legal practitioners and conveyancers, the new Order takes effect on 1 October 2008 and is available on www.prai.ie.

21 April 2008


Note to Editors

1. Under previous Orders, compulsory registration was extended to the following counties :

- Carlow, Laois and Meath in 1970 and

- Longford, Roscommon and Westmeath in 2005.

2. In extending compulsory registration in this Order, consideration was given to the facts that over 96% of all land in Counties Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow is already registered in the Land Registry and that digital mapping is 'live' in each of these counties.

Forthcoming Events

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

Forthcoming events include:

Saturday, 1 March 2008
Legal Issues Facing School Principals and Teachers in 2008: Some Practical Solutions - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/Schools.php

Saturday, 8 March 2008
25 Years of Protection? Article 40.3.3, the Unborn Child and Abortion in Ireland
http://www.ul.ie/pdf/841910435.pdf

Sat. 8 March 2008
Freedom of Information: A 2008 Update - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/FOI2008.php

Thursday, 13 March 2008
Children and the Law - Law School, Trinity College Dublin
http://www.tcd.ie/Law/Events/

16 - 18 March 2008
Association of Law Teachers Annual Conference - Oxford
http://www.lawteacher.ac.uk/

Thursday-Friday, 3-4 April 2008
Youth Justice 2008: An International Conference, Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/law/youthjustice2008/

4-5 April 2008
Exploring the Limits of a Judge's Power - Belfast
http://tinyurl.com/2t5tsa

Fri. 11 April 2008
Law Faculty Annual Distinguished Lecture for 2008 - NUI Galway
The Right Honourable Baroness Hale of Richmond and Mrs. Justice Catherine McGuinness
http://www.nuigalway.ie/law/events.html

1 May 2008
Postgraduate Conference on Criminal Justice and Human Rights - UCC Faculty of Law
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Sun.-Tue. 8-10 June 2008
International Council for Commercial Arbitration Conference, Dublin
http://www.iccadublin2008.org/

Thursday-Friday, 12-13 June2008
British and Irish Association of Law Librarians Conference 2008 - Dublin
http://www.biall.org.uk/

Mon.-Tue. 23 and 24 June 2008
Reflections on Irish Criminology North and South: Learning and Challenges for the Future
Dublin Institute of Technology
http://www.ucd.ie/criminol/html/homepage/events.htm

Equality and the Sikh Turban Ban

Lord Lester facilitated a fascinating workshop this morning here at UCC on Equality Law, assisted by Colm O'Cinneide.

Among the many interesting points that arose concerning the recent ban on a Sikh turban in the Garda reserve were the following:

• Could it be argued that a member of the Garda reserve is engaged in an "occupation" (under the Framework Directive 2000/78/EC)

• Even though the particular person involved has withdrawn from the Garda reserve, could a Judicial Review be brought against the Garda Commissioner's decision?

• Could a JR application be made by the Equality Authority and/or the Human Rights Commission?

• If a JR were brought, an argument could be made that the Garda Commissioner's decision applies both to members of the reserve and ordinary Gardai, if need be, in response to any defence relating to the status of members of the reserve.

Call for Papers - Postgraduate Conference

CALL FOR PAPERS
UCC POSTGRADUATE CONFERENCE ON CRIMINAL JUSTICE AND HUMAN RIGHTS

Hosted by the Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork.
Thursday 1st May 2008.
http://www.ucc.ie/en/ccjhr/events/

The Centre for Criminal Justice and Human Rights is pleased to announce the second postgraduate conference on criminal justice and human rights.
This one-day international conference will attract postgraduate research scholars whose work pertains to criminal justice and human rights. In addition to exploring topics specific to the scholarship of criminal justice or human rights, the conference aims to consider the intersections of both fields. The conference will serve as a forum for discussion and debate among researchers within both fields and between the two fields of study themselves.

The keynote address will be delivered by Michael O'Flaherty, Professor of Applied Human Rights and Co-Director of the Human Rights Law Centre in the School of Law, Faculty of Social Sciences, Law and Education at the University of Nottingham. Professor O’Flaherty is also an elected member of the United Human Rights Committee.

The organisers invite abstracts from postgraduate students working in these areas. The presentation of ongoing work is especially welcome.

The conference will be organised into streams, including but not limited to the following topics:
• Discourses of rights and crime.
• New directions in human rights enforcement.
• Human Rights, Criminal Justice and the War on Terror.
• Transitional justice.
• ECHR and domestic law.
• Asylum and immigration.
• Multiculturalism, minority rights and human rights.
• New trends in International criminal justice.
• Gender and Human Rights.
• Policing.
• Victimology.
• Juvenile justice.
• Punishment and penal policy.

Please submit an abstract (max. 300 words) to the organising committee by Friday February 15th 2008. Successful conference submissions will be notified by February 29th 2008. Submissions and further enquires should be directed to a.d.odonovan@student.ucc.ie

Frozen Embryos in the High Court

In November 2006 McGovern J. ruled in the High Court that Ireland's constitutional protection of "the unborn" does not include embryos outside the womb.

The full decision is now available on BAILII:
M.R. v T.R. and Others [2006] IEHC 359 (15 November 2006)
www.bailii.org/ie/cases/IEHC/2006/H359.html

The earlier High Court case was
M.R. v T.R. [2006] IEHC 221 (18 July 2006)
http://tinyurl.com/yrpdlu

Sample News Story:
Legislation prospect after embryo ruling
www.rte.ie/news/2006/1115/embryo.html

Extracts:

"The Minister for Health & Children, Mary Harney, has said she had already instructed her Department to begin preparing for legislation in the area of assisted reproduction.

Ms Harney's statement followed a High Court judgment rejecting the case of a woman seeking to have three frozen embryos released to her against the wishes of her estranged husband.

The woman argued that the embryos had a right to life under the Constitution, but the High Court ruled that the protection of the unborn does not include embryos outside the womb.

.....

However, today the High Court concluded that the three frozen embryos are not unborn within the meaning of the Constitution.

Mr Justice Brian McGovern said that it had never been in the minds of people voting on the 1983 Constitutional Amendments on Article 40.3.3 that the unborn meant anything other than the foetus in the womb.

The judge also said it was not possible for the court to decide when unborn life begins - that was not necessary to resolve the issues in this case."

Transgender Law - Lydia Foy in High Court

As many people will know, the High Court has decided in the Lydia Foy case that it will issue the first declaration of incompatibilty of an Irish law with the European Convention on Human Rights. [update April 2008 - The full judgment is available on the Courts Service website at http://tinyurl.com/5v764b. ]

Sample news stories and blog posts:

"State in breach of ECHR in transgender case
www.ireland.com/newspaper/breaking/2007/1019/breaking49.html

The High Court has ruled that the State is in breach of the European Convention on Human Rights (ECHR) over its failure to recognise a sex change that a transgendered person underwent more than a decade ago. "

Sex change law incompatible with ECHR:
www.rte.ie/news/2007/1019/foyl.html

The Foy Case (CCJHR Blog - Fiona De Londras):
www.ucc.ie/law/blogs/ccjhr/2007/10/foy-case.html

Tanya Ní Mhuirthile, Time to respect the rights of all gender identities, Irish Times:
www.ireland.com/newspaper/opinion/2007/1101/1193444281616.html

Previous Lydia Foy case:
www.bailii.org/ie/cases/IEHC/2002/116.html

Media and Tribunals

A Divisional Court of the High Court has ruled that Geraldine Kennedy and Colm Keena of the Irish Times must answer questions regarding the source of an article abou the Mahon Tribuanl.

The full judgment is not yet on the Courts Service website but is available here.
Title: Judge Mahon and Others v Keena and Kennedy, [2007] IEHC 348, High Court, 23 October 2007.
[Update 19 Nov. 2007:
The judgment is now available on the Courts Service website here.]

Cases cited in the judgment include

Oblique Financial Services Limited v. The Promise Production Company [1994]
Kiberd v. Hamilton [1992] 2 I.R. 257
Haughey v. Moriarty [1999] 3 I.R. 1
O’Callaghan v. Mahon [2006] 2 I.R. 32
O’Callaghan v. Mahon (No. 2), Supreme Court, 30th March, 2007
Mahon v. Post Publications Limited, High Court, 4th October, 2005
Mahon v. Post Publications Limited, Supreme Court, 29th March, 2007
Commonwealth of Australia v. Fairfax [1980] 147 C.L.R. 39
Sunday Times v. The United Kingdom (1979) 2 EHRR 245
Lingens v. Austria (1986) 87 EHRR 329
Castells v. Spain (1992) 14 EHRR 445
Goodwin v. The United Kingdom (1996) 22 EHRR 123
Dehaes and Gijsels v. Belgium (1997) 25 EHRR 1
Fressoz and Roire v. France (1999) 31 EHRR 28
Tromsov v. Norway (1999) 29 EHRR 12
Radio Twist AS v. Slovakia, European Court of Human Rights, 19th December, 2006
Tonsbergs & Blad A/S v. Norway, European Court of Human Rights, 1st March, 2007
Kwiecien v. Poland, European Court of Human Rights, 9th April, 2007
Ustun v. Turkey, European Court of Human Rights, 10th May, 2007
Ashworth Hospital Authority v. MGN Limited [2001] WLR 2003

Extract from the judgment:

In our view, nothing could be more damaging to the capacity of the Tribunal to carry out its functions than the perception that the Tribunal itself leaked information given to it in confidence. Thus, where a leak occurs as in this case, the Tribunal must inquire to establish the source of that leak as it has sought to do. Establishing that the Tribunal itself was not the source of the leak is in itself a legitimate aim and a pressing social need. At this stage, having regard to the destruction of the documents, the only means remaining to pursue that aim is by way of the proposed questioning of the defendants. If a Tribunal is not enabled to pursue the aim of establishing that it was not the source of the leak, even if it is not able to ultimately identify the source of the leak, the process of public inquiry in private investigative phase will be damaged to such an extent that there would be an inevitable loss of confidence in the integrity of the process and in all probability a significant reduction
in the voluntary co-operation of the public in its inquiry.
In the circumstances of this case we conclude that the defendants’ privilege against disclosure of sources, is overwhelmingly outweighed by the pressing social need to preserve public confidence in the Tribunal and as there is no other means, by which this can be done other than the enquiry undertaken by the Tribunal, we are of opinion that the test “necessary in a democratic society” is satisfied.
Accordingly, we will grant the relief sought.

Sample News Story: http://www.rte.ie/news/2007/1023/mahon.html

Blog Posting by Daithi Mac Sithigh:
http://www.lexferenda.com/26102007/anarchy-in-the-uk/

Extradition of Exoo Refused

I have noted previously here the case of Reverend George Exoo, whose extradition was sought from the U.S.A. to Ireland for alleged assistance in a suicide.

It's now being reported that Exoo's extradition has been refused:

RTE: Extradition of Exoo halted in US

The Times West Virginian: Ex-Beckley minister free

Irish Times: Minister in suicide case calls for change in Irish law

The judgment was issued by the U.S. District Court, Southern District Court of West Virginia. The judge was Magistrate Judge R. Clarke VanDervort.
The court website is at http://www.wvsd.uscourts.gov/
Update May 2008:
The Exoo case Opinion is available here.

Mandatory Life Sentences, the Constitution and the ECHR

RTE is reporting that a challenge to the mandatory life sentence has been rejected:

Challenges to life sentences rejected Friday, 5 October 2007 16:20

"Two convicted murderers have lost their High Court challenge to the constitutionality of the mandatory life sentence for murder.

They are 25-year-old Peter Whelan, who was jailed for life in 2002 for the murder of Cork student Nicola Sweeney, and 30-year-old Paul Lynch, who pleaded guilty in 1997 to the murder of Donegal pensioner, William Campbell.

Each claimed the sentence breached their rights under the Constitution and under the European Convention of Human Rights.

The two men claimed the mandatory life sentence interfered with the role of the judiciary and offended the independence of the judiciary enshrined in the Consitution.

They also claimed their rights under the Convention were breached because they have no way of knowing how or when they are likely to be released.

The case could have had implications for more than 250 people serving life sentences for murder in Ireland.

But Ms Justice Mary Irvine rejected the men's claims on all grounds."

The full story is here.

The Latest from UCC Law Faculty ...

The UCC Law Faculty Newsletter 2007 is now available here.

Forthcoming UCC Centre for Criminal Justice and Human Rights (CCJHR) events are listed here.

These include:

• 25 October 2007: Mental Health and Human Rights Seminar
• 3 April 2008: Youth Justice Conference [call for abstracts now online]

Thanks to Fiona De Londras, the new CCJHR blog is here.

High Court Case on Unmarried Fathers

There've been a large number of media reports on a recent High Court case concerning an unmarried father, Mr. G. The judge appears to have emphasised family rights under Article 8 of the European Convention on Human Rights.
The full judgment doesn't appear to be on the Courts Service website yet.
[Update 23 November 2007:
The judgment is now available. The case is
T. v O. [2007] IEHC 326, Mc Kechnie J., 10 September 2007]

Here are some of the news reports:

Landmark Ruling on Father's Rights (RTE)

Unmarried Father Wins Right to Seek Return of Twin Boys (Irish Times)

Judge Calls for Review of Fathers' Rights (Irish Examiner)

Unmarried Father Makes History in Custody Case (Irish Examiner)

International Herald Tribune Story

Forthcoming Irish Law Events

The latest Irish Law Update is available here.

It includes forthcoming events such as the following:

Fri. Sep 7, 2007
Preventing Ill-Treatment - Ireland and the OPCAT - Irish Council for Civil Liberties, Dublin Seminar on Optional Protocol to the United Nations Convention Against Torture (OPCAT)
www.iccl.ie/

Mon. Sep 17, 2007
Recent Developments in Medical Negligence - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Sat. Sep 29, 2007
50 Years of the Treaty of Rome: Reflecting on Past Achievements and Future Challenges - Faculty of Law, NUI Galway
www.nuigalway.ie/law/eu_conference.html

Sun. Sep 30 – Tue. Oct 2, 2007
Ireland, Gateway between the United States and the European Union - ABA Conference, Dublin www.abanet.org/intlaw/fall07/agenda_dublin.html

Wed. Oct 3, 2007
Obstacles to Harmonisation of International Maritime Law - Irish Maritime Law Association, Dublin
www.irishmaritimelaw.com/noticeboard.htm

Sat. Oct 6, 2007
Equality, Legislation and the Constitution - Faculty of Law, NUI Galway
www.nuigalway.ie/law/events.html

Tue. Oct 9, 2007
Consumer Protection Act 2007 - An Overview - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Mon. Oct 15, 2007
Anti-Money Laundering Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8193

Tue. Oct 16, 2007
Restorative Justice - Association for Criminal Justice Research and Development Conference, Dublin
www.acjrd.ie/activities_current.htm

Tue. Oct 16, 2007
Data Protection Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8192

Wed. Oct 17, 2007
Corporate Governance Conference - IIR Conferences, Dublin
Quote VIP Code KM1976IRLWW for 10% discount when booking.
www.iir-events.com/IIR-Conf/page.aspx?id=8186

Fri.-Sun. Oct 19-21, 2007
Politics and the Law - Political Studies Association of Ireland, Dublin www.psai.ie/conference.asp

Wed. Oct 24, 2007
Residential Tenancies and Commercial Leases - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Fri. Nov 2, 2007
The Impact of the Fight against Terrorism on EU Law - Academy of European Law (ERA) Seminar, Dublin www.era.int/web/en/html/nodes_main/4_2127_474/conferences_0000_Date/5_1796_3984.htm

Thu. Nov 8, 2007
Environmental and Planning Law - Law Society Seminar, Cork www.irishlaw.org/events/lawsoc07-08.shtml

Sat. Nov 17, 2007
Law and Mental Health - Faculty of Law, NUI Galway
www.nuigalway.ie/law/events.html

Wed. Nov 21, 2007
Criminal Justice Act 2007: A Bridge Too Far? - Law Society Seminar, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

Fri. Nov 23, 2007
The Enforcement of National and EC Competition Laws in Member States: Consistency, Coherence and Diversity, Dublin
Joint Conference of the Irish Society for European Law and the UK Association for European Law
www.isel.ie/coming.htm

Fri. Nov 30, 2007
Troubleshooting Areas in Family Law Practice - Law Society Conference, Dublin www.irishlaw.org/events/lawsoc07-08.shtml

For the full list of forthcoming events, go to
www.irishlaw.org/events/

To join the Irish Law Updates e-mail list (received by 2,130 people), go to
www.irishlaw.org/joinleaveupdates/

Statutory Instruments 2007

Through Helen Mulcahy, our law librarian, I've learnt that Statutory Instruments of 2007 are now available in PDF at

www.attorneygeneral.ie/esi/2007/esi_num.html

Strangely, there's now a gap in public Statutory Instrument coverage:

• From 1922 to Number 350 of 2005, go to www.irishstatutebook.ie or www.bailii.org/ie/legis/num_reg/
• There's then a gap for 2005, numbers 351 to 926, and all of 2006.
• For 2007, go to www.attorneygeneral.ie/esi/2007/esi_num.html

The gap is partially filled by the IRLII index of Statutory Instruments, hosted here at UCC by Professor John Mee - see http://www.ucc.ie/law/irlii/si/si.php

However, as is well known, the IRLII Index can only link to SIs which have been published on Government websites, and so is incomplete.

A quick glance at the 2006 list on IRLII suggests that full text PDF links are provided for 36 of the 911 SIs in that year.

Commercial coverage of the SIs is provided by www.firstlaw.ie.

Extradition / Assisted Suicide

An interesting news story:

"Judge considers verdict in suicide case

A US judge has adjourned the case of a man accused of assisting an Irish woman with suicide to consider whether the alleged crime warrants his extradition.
The Reverend George Exoo, a former Unitarian minister, has been accused of assisting a 48-year-old Irish woman with her suicide in Dublin in 2002.
Since then gardaí have been seeking to have Mr Exoo brought to Ireland to stand trial."

Read / view more on the following pages:
http://www.rte.ie/news/2007/0817/exoog.html

http://www.register-herald.com/local/local_story_229231911.html

Assisted Suicide Blog

Irish Law RSS Feeds

For those who are fans of RSS feeds I've added two new feeds to the Irish Law Site cases page:

• The IRLII Lastest Irish Cases RSS News Feed
  This feed has been on the IRLII site for quite a while now (about a year?) and is maintained by my colleague John Mee with the assistance of Micheal O'Dowd.


• The www.courts.ie Judgments RSS News Feed
  This is an experimental feed I created using feedyes.com (update 5 October: the feed now uses ponyfish.com.) Unfortunately the headlines consist of the dates of judgments rather than titles, but at least when new judgments are posted on the site they'll show up in your feed reader.

A reminder of two other RSS feeds which we already have:

• Irish Law Updates Blog Feed
• Irish Law Discussion Feed

If you haven't heard of RSS feeds, a brief outline of how they work is available here.

LRC Report on Spent Convictions

There've been quite a number of interesting reports over the past few weeks which I've been meaning to include in posts but am only getting around to now. The first one is the Law Reform Commission’s Report on Spent Convictions.

Here's an extract from the press release:

"The Report sets out in detail the elements of the proposed spent convictions law and it also includes a draft Spent Convictions Bill to implement the Commission’s recommendations. The key elements include:

• the types of offences which should be excluded completely from the proposed law: (a) any offence triable by the Central Criminal Court, such as murder; (b) any sexual offence as defined in the Sex Offenders Act 2001; and (c) any other offence where a sentence of more than 6 months (including a suspended sentence) has been imposed in court;
• the length of time a person must be conviction-free to qualify for the conviction to be regarded as “spent”: 7 years from the date of conviction where a custodial sentence of up to 6 months is imposed; 5 years from the date of conviction where a non-custodial order is made, such as a fine or disqualification;
• all convictions, including spent convictions, would still be disclosed at a sentencing hearing and in some non-criminal cases such as involving access to children.
• The system would be automatic, rather than requiring the person to apply to court to have their conviction declared to be spent, as an application-based system would not be transparent and consistent."

Full Report:
http://www.lawreform.ie/publications/reports.htm

Press Release:
http://www.lawreform.ie/REPORT%20SPENT%20CONVICTIONS%20PRESS%20RELEASE%20JULY%2007.pdf

Sample News Story:
http://www.rte.ie/news/2007/0731/justice.html

See also:
Extending the Scope of Employment Equality Legislation (2004)
http://www.ucc.ie/en/lawsite/research/research-projects/employment-equality/

(The above report included a section on the criminal conviction / ex-offender / ex-prisoner ground.)
Updates 2008-9 - See also:
Spent Convictions Group, Proposals on a Rehabilitation of Offenders Bill (2009)
Spent Convictions Bill 2007
Irish Human Rights Commission, Observations on Spent Convitions Bill (2009)
Irish Penal Reform Trust Position Paper on Spent Convictions

Update May 2012:
A new Criminal Justice (Spent Convictions) Bill 2012 has been published.
See
http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2012/3412/b34112s.pdf
and
http://www.irishtimes.com/newspaper/ireland/2012/0505/1224315651340.html 

Update July 2013:
See the recent Irish Times article by Remy Farrell S.C. here.

Review of Mental Health Act 2001 published

The Department of Health and Children has published a review of the Mental Health Act 2001 which is available at
www.dohc.ie/publications/mental_health_act_review07.html.

The review suggests very few changes to the Act, but some interesting points include the following:

• The Minister accepts in principle that the references to "unwilling" in sections 59 and 60 should be removed, but this will need to be done in the context of any new capacity legislation
• The Minister accepts that there appears to be a drafting error in section 61
• As consultant numbers increase consideration should be given to reducing the 14 day time period allowed for in section 17(1)(c)(iii) to receive the second consultant’s report. This would also facilitate the earlier scheduling of Mental Health Tribunals and provide earlier access by patients and their legal advisors to the second opinion reports prior to hearings.
• When a voluntary patient has a mental disorder and requires involuntary admission for treatment, the use of the normal involuntary admission procedures is preferred. The status of patients should not lightly be changed from voluntary to involuntary, and the rights of patients in this regard must be fully safeguarded. The legal scope for using the normal admission procedures under sections 9 and 10 will be examined.
• The Act should be amended when a suitable opportunity arises to provide for the closure of approved centres.
• A monitoring group, consisting of representatives of the Department of Health and Children, the Department of Justice, Equality and Law Reform, the HSE, the Mental Health Commission, service providers and service users should be established to address any difficulties with the Mental Health Act 2001, to oversee the linkages between the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006 and to contribute to the development of any proposed capacity legislation.