Tuesday, January 25, 2011

Events from January 2011 on

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

=== About Irish Law Updates ===

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

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University College Cork Law Faculty website - http://www.ucc.ie/law/

If These Walls Could Talk: The Graffiti of Female Prisoners

The Irish Women Lawyers Association (IWLA)

are hosting a talk by

Niamh O’Sullivan BL

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

entitled

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

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

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

Refreshments will be served

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

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

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

Monday, January 17, 2011

CFP - Irish Society of Comparative Law

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

Call for Papers

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

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

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

http://irishsocietyofcomparativelaw.blogspot.com

Friday, September 03, 2010

Events in September 2010 and after

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

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thursday, June 24, 2010

White Collar Crime Lecture Series - Part 1

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

Saturday, July 3rd 10.00-1.00pm

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

9.30: Registration

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

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

11.00 Q & A

11.15 Coffee & Networking

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

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

12.45 Q & A and Networking

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

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

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

www.iwla.ie

Friday, May 21, 2010

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

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

Launch of website by Miriam O'Callaghan

Brief Presentations will be given by:

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

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

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

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

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

CPD points will be awarded for attendance at this Seminar

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

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

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

http://www.imhla.org/

Wednesday, May 05, 2010

Events in May 2010

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monday, March 22, 2010

This blog has moved

This blog is now located at http://irishlawblog.blogspot.com.
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The reason for the change is that Blogger is discontinuing support for publication of blogs via FTP from 1 May 2010.

Forthcoming Legal Events

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

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

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

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

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

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

School of Law
University of Limerick

FOURTH LEGAL EDUCATION SYMPOSIUM

Call for Papers

Dear Colleagues,

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

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

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

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

The possible themes are:

Interdisciplinary law degrees
Clinical legal education

E-learning
Integration of teaching and research

Law teacher as mentor
Law for non-law students

Engaging students with the curriculum
Undergraduate legal writing

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, December 01, 2009

Dublin Archdiocese Report and the Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Taoiseach has responded as follows:

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

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

Tuesday, November 17, 2009

Forthcoming Events

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, July 21, 2009

An Bord Snip and the Legal System

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

Monday, July 13, 2009

Data Retention Bill

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

Friday, July 10, 2009

Recent Short Items (11 July 2009)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

@dariuswirl

Friday, June 05, 2009

Draft Irish Creative Commons Licence available for public discussion

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

See also this posting on the Creative Commons News blog.

Wednesday, April 29, 2009

Tipperary Mental Health Inquiry


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

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

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

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

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

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

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

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



Monday, March 30, 2009

Course for Irish speakers at King's Inns 2009

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

The Honorable Society of King's Inns

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

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

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

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

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

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

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

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

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

Thursday, March 19, 2009

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

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

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

Monday, March 09, 2009

Recent Short Items - 9 March 2009

Recent Short Items, from my Twitter Feed and Delicious Links:

New HIQA Nursing Home Standards - http://www.hiqa.ie Hopefully no more Leas Crosses (in long term)?

Another article by Karlin on data retention, featuring Richard H. and Ivana B. - http://tinyurl.com/djzbjz

Went to good Teaching and Learning talk by Kelly Coate - Screencast here: http://bit.ly/nairtl1

Ryanair v Bravofly - decision on Motions - http://tinyurl.com/ryan555

Elsevier new social networking tool - http://www.2collab.com - Tried it for a while today and not very impressed ...

BookMooch: exchange books and trade them, like a book swap or book barter
www.boomooch.com

JILT 2007 (1) Special Issue on Law, Education and Technology
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1

Sherwin Nuland on electroshock therapy Video on TED.com
www.ted.com/index.php/talks/sherwin_nuland_on_electroshock_therapy.html

Gapminder.org - For a fact based world view.
www.gapminder.org

Industrial Relations Research Trust
www.irrt.ie

IHRC Observations on Criminal Law (Insanity) Act 2006 (Amendment) Act 2008
www.ihrc.ie/documents/article.asp?NID=274&NCID=6&T=N&Print=

The Next Leap
http://nextleap.wordpress.com

Assorted Materials: Johnny Ryan (Blog)
http://johnnyryan.wordpress.com

Twitter Feed: www.twitter.com/dariusw/

Delicious Links: www.delicious.com/dariusw/

Sunday, March 08, 2009

Events for next three weeks (from 9 March 2009)

Wednesday 11 March 2009:
"Judging Judges under the HRA 1998: A Reply to Keith Ewing" - Belfast
www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 12 March 2009:
Dr. Mia Swart, ’Judicial Lawmaking at the Ad Hoc Tribunals’ - Galway www.nuigalway.ie/human_rights/judges_as_lawmakers.html

Thu.-Fri. 12-13 March 2009:
Academy of European Law, Trier
Annual Conference on European Labour Law 2009
http://tinyurl.com/era1122

Friday, 13th March 2009:
Third Legal Education Symposium - UCD School of Law, Dublin
www.ucd.ie/law/newsevents/

Fri. 13 Mar. '09:
EUROJUST's Tasks and Objectives - Jarlath Spellman, EUROJUST, National Member for Ireland - Criminal Justice Seminar, School of Law, University of Limerick
Seminar Room A1052, 11 a.m. - 1 p.m.
All are welcome to attend. There is no fee.

Tue. 24 March 2009:
Update on Enduring Powers of Attorney - STEP, Dublin
www.step.ie/newsevents.php

Thu. 26 March 2009:
The Immigration, Residence and Protection Bill 2008 - implications for migrant women in Ireland - Irish Women Lawyers Association Seminar, Limerick
www.iwla.ie/seminars.htm

Other Events:
www.irishlaw.org/events/

Events RSS Feed:
http://feeds2.feedburner.com/irish-law-events