Saturday, March 07, 2009

Mental Health Commission Panels

The Mental Health Commission is seeking applications for positions on the panels associated with the operation of Part 2 of the Mental Health Act 2001. The following panels are now open to applications:

  • Chairpersons Mental Health Tribunals
  • Consultant Psychiatrists Mental Health Tribunals
  • Lay Members Mental Health Tribunals
  • Consultant Psychiatrists Independent Medical Examinations
  • Legal Representatives Mental Health Legal Aid Scheme

Closing date for receipt of application is 5.00 pm Friday 20 March 2009.

Information and Forms:http://www.mhcirl.ie/panels.htm

Thursday, February 19, 2009

Mental Health Act 2001: Unresolved Issues

I've been waiting for the full decision in a mental health case from 31 October 2008 to appear on the courts.ie website, but there's no sign of it yet. I wrote an article for the Irish Times about this case on 4 November (full text here.)



Here are some extracts from the Irish Times article, with links:



The hasty enactment of the Mental Health Act 2008 ... has probably resolved the legal issues caused by the recent High Court case, but there are other related issues that remain unresolved. Mr Justice Bryan McMahon issued a significant ruling in the case of a woman who has been detained in St Patrick's Hospital since August 2007. Various legal issues arose regarding her detention. ...


[McMahon J. decided that a renewal order for a period not exceeding 12 months was void for uncertainty. However, he put a four-week stay on his order directing the patient's discharge.]


This whole affair raises questions as to the wording of the Mental Health Act 2001, and the forms specified by the Mental Health Commission. As Mr Justice McMahon pointed out, "the error in this case was prompted by the wording of the form used by the Commission". ....



As regards the wording of the Mental Health Act, a number of issues have arisen regarding the time limits, and these have led to the Commission issuing a 1,200-word guidance page on "Duration of Involuntary Admission and Renewal Orders". This guidance will need to be amended in the light of the recent court case. It may now be better to reword the Act so that the time limits operate in a more logical and streamlined manner....

...
It is noteworthy that a number of other significant issues remain unresolved and require urgent attention. For example, a patient who has their detention renewed for six months (for example), cannot apply to a Mental Health Tribunal for a review of their case during the six-month period, and must wait until the automatic review which will occur at the end of the six months, if the psychiatrist makes a renewal order. This is in spite of a clear ruling from the European Court of Human Rights in Rakevich v Russia in 2003, where it was stated that "the detainee's access to the judge should not depend on the good will of the detaining authority".


The 2001 Act provides that a person may be removed to an approved psychiatric centre by members of staff of the approved centre in certain circumstances (s.13). These "assisted admissions" are often carried out by an independent contractor, rather than members of staff. In the R.L. case in 2008, it was held by the Supreme Court that the use of an independent contractor was a breach of the Act, although the patient's detention was upheld. It appears that such breaches of the Act have continued, in spite of the legal difficulties which they raise.
There are serious doubts about the burden of proof in Circuit Court appeals, where the patient is required to prove that he or she does not have a mental disorder (s.19), even though such a burden would appear to be contrary to the European Convention.


In addition, the powers of Mental Health Tribunals are unduly restricted by the 2001 Act. They may not consider questions of compliance with the sections on removal to the approved centre (s.13), referral of the admission order to the tribunal (s.17), transfer of a patient to hospital (s.22) or compliance with the Mental Treatment Act 1945.


The time has come for a fundamental review of the Mental Health Act 2001 in light of the Irish case law to date, experience in the operation of the Act and recent decisions of the European Court of Human Rights. Reference may also be made to the Mental Health Commission's Report on the Operation of Part 2 of the Mental Health Act 2001 (2008) and the Department of Health and Children's Review of the Operation of the Mental Health Act 2001: Findings and Conclusions (2007).

Monday, February 16, 2009

Joseph Raz lecture at Trinity College Dublin on Wed. 25 Feb. 2009



Irish Jurisprudence Society Annual Public Lecture

Joseph Raz, Research Professor and an Emeritus Fellow of Balliol
College, Oxford and Professor of Law, Columbia University, will
deliver the Irish Jurisprudence Society's first annual public lecture
in jurisprudence on Wednesday 25 February 2009.

The lecture will commence at 7 p.m..

The title of Professor Raz's lecture is 'Innovative Interpretation'

Professor Desmond M Clarke will be chairing this event.

The venue is Trinity College Dublin, in the Lloyd Institute Building
(the Lloyd Institute is near the O'Reilly Institute and beside the new
Science Gallery, for map see:
http://www.tcd.ie/Law/JosephRaz/MapLloydInstitute.pdf).

The lecture is free to attend, but booking is required. Email:
lawevent@tcd.ie

Details of this event are posted on the web at the following pages:

http://www.irjursoc.org/annual-public-lecture/

http://www.tcd.ie/Law/JosephRaz/index.php

This event is funded by the Long Room Hub Initiative, Trinity College Dublin.

Juries in Rape Cases - Wed. 18 Feb., University of Limerick

Wed. 18 Feb. 2009

Criminal Justice Seminar

"Juries in Rape Cases"

Conor Hanly, NUI Galway

3-4 p.m., Schuman Building, Room SG18.

All are welcome to attend.

Criminal Justice Seminar, Centre for Criminal Justice, School of Law, University of Limerick.

Information from Dr Gerard Coffey, Centre for Criminal Justice, School of Law, University of Limerick.

Email Address: Ger.Coffey@ul.ie
 
 

 

 



Call for Papers: Irish Criminology Conference - UCD, 15-16 June 2009

 
UCD Institute of Criminology
Fifth Irish Criminology Conference
15 and 16 June 2009
 
Dear Colleagues,
 
The UCD Institute of Criminology will host the Fifth Irish Criminology Conference on Monday 15 and Tuesday 16 June 2009. Papers are invited from research students, academics and policy makers in the fields of criminology and criminal justice.  Please forward a title and abstract (no more than 200 words) to criminology@ucd.ie by 30 April. A final decision on the selection of papers will be made by 11 May.
There is no registration fee for the conference.
A number of bursaries will be available to cover travel expenses for students from outside Dublin who wish to attend and present a paper but would be otherwise unable to do so. Those wishing to be considered for a bursary should make this clear when submitting their abstract.
I would be grateful If you would pass on these details to any Interested parties.

With best wishes

Professor Ian O'Donnell, Director, UCD Institute of Criminology
University College Dublin
 
 
 

 

Saturday, January 31, 2009

Vacancy: Equality and Rights Alliance Campaign Coordinator

JOB DESCRIPTION
ERA Campaign Coordinator
http://www.eracampaign.org

Introduction

The Equality & Rights Alliance (ERA) is an alliance of 79 civil society groups seeking to ensure the promotion and enhancement of human rights, equality and social justice in Ireland. ERA formed in August 2008, following media reports of a proposed merger of five equality and human rights bodies in Ireland. Budget 2009 did not see the amalgamation of the five bodies, or indeed the full amalgamation of the Equality Authority and the Irish Human Rights Commission, which emerged as a more realistic merger possibility. However, savage budget cuts of 43% to the Equality Authority, coupled with fast-tracked decentralization, and 24% to the Irish Human Rights Commission rendered them unable to carry out their remit in any meaningful way. The ERA campaign has involved media communications, political lobbying and building of the Alliance itself as a strong voice of civil society organisations committed to a strong equality and human rights infrastructure in Ireland.

The ERA Campaign has now received funding to develop the Campaign into 2009; a planning day to set out an action plan for the alliance has taken place. The action plan envisages the continuation of lobbying and communications as well as capacity building for organisations locally and regionally to engage in lobbying actions. It also foresees the employment of a campaign coordinator.

JOB DESCRIPTION
Title: ERA Campaign Coordinator
Location: Dublin
Responsible to: ERA Steering Committee (delegated person)

Relationships: ERA Chairperson, Communications Adviser, ERA members

The main purpose of the Campaign Coordinator is to coordinate the effective implementation of the ERA Campaign.
ERA seeks a person with significant project management experience to co-ordinate the ERA Campaign, working with the Steering Committee to implement the lobbying, communication and alliance-building strategies of ERA.

Key Tasks

Given the nature of the Campaign, the post will require the Campaign Coordinator to be flexible and undertake duties, on occasion, in addition to or in lieu of those listed below. Under the direction of the ERA steering group, the Campaign Coordinator will:
- Provide administrative support to the Alliance, including preparing written correspondence, reports and funding applications.
- Coordinate general campaign activities including lobbying, protests, meetings with political parties, letter writing to TDs, etc.
- Organise logistics of ERA meetings, and public events as agreed e.g. advocacy training days, seminars, round-tables, conferences.
- Coordinate the delivery of the ERA communication strategy with the Communications Adviser
- Be the day-to-day spokesperson for ERA, linking with the Communications Adviser and the Chair
- Handle internal communications with ERA members, in liaison with the Steering Committee- Coordinate and oversee relevant research projects or polls commissioned by ERA, in liaison with the Communications Adviser and the Steering Committee
- Act as the key point of information for the ERA Campaign, handling enquiries from individuals, members of ERA, politicians and members of the public. Press queries will be referred by the Campaign Coordinator to the ERA's Communications Adviser and/or to other ERA spokespersons agreed in advance
- Be responsible for information management including the ERA website, telephone and email queries
- Maintain and update the content of the ERA website, including member lists and other relevant database lists and reports, and ensuring that up to date / relevant campaign actions are regularly featured on the web site pages
- Liaise with organisations and networks working for similar objectives, nationally and internationally
- Account to the Steering Committee for the day-to-day administration of the ERA's budget
- Attend monthly support and supervision sessions, providing written reports documenting work activities and outcomes
- Support fundraising activities, as required
- Make reports for Funders, as required.

Person Specification
Experience and Knowledge

Essential
- Experience of running office, administration and financial systems
- Experience in supporting communications strategies (inclusive of handling and referring media enquiries, building strategic alliances and information management)
- Experience of leading projects and proven success in delivery
- Knowledge of the human rights, equality and/or social justice sector in Ireland, preferably coupled with some experience of human rights, equality and /or social justice campaigning (in Ireland or elsewhere)

Desirable
- Experience of representing an organisation to the public or media
- Experience in conference and event management
- Experience of successful campaigning to achieve social change

Competencies
Essential
- Ability to manage a virtual office; familiarity with IT applications sufficient to update and maintain web site content and management of web blogs
- "Can do" attitude
- results driven, commitment and energy 'to go the extra mile'
- Demonstrated ability to think strategically and to identify opportunities
- Excellent interpersonal and communications skills
- Ability to work in partnership with individuals and organisations across sectors
- Proven problem solving skills
- Ability to prioritise and plan activities in a wide ranging work load
- Ability to communicate clearly and transfer complex information in a concise and accessible form
- Ability to draft briefing notes and other papers, as well as minutes of meetings
- Ability to maintain a high level of social, organisational and professional standards in job-related activities

Salary: Equivalent to HEO Standard Scale (€46,558 - €59,097)
Duration: this is a 6 month contract initially, with a probationary period of up to one month, which may be extended.
Application by CV and covering letter by email to recruitment@eracampaign.org or by post to

Equality & Rights Alliance Co-ordinator, DMG Business Centre, 9-13 Blackhall Place, Dublin 7
Deadline for Applications: Friday 6th February 2009
Shortlisting: Monday 9th February 2009
Interviews: 17th and/or 18th February 2009

http://www.eracampaign.org

Thursday, November 20, 2008

Travellers in Clare - Equal Status Act 2000

An interesting recent case under the Equal Status Act 2000:

Mongans v Clare County Council - DEC-S2008-039
http://www.equalitytribunal.ie/index.asp?locID=140&docID=1844

The facts are complex, but it involves a series of cases brought by members of the travelling community surrounding the service provided by Clare County Council arising from the travellers’ applications for housing and related accommodation needs and linked issues.

In an unusual move, the Equality Officer (sitting as the Equality tribunal) required that the travellers attend for a series of "callovers/hearings" which would take place on two particular days. When families did not turn up, even though their representative was present, the Officer decided that no prima facie evidence of discrimination had been provided and therefore that the claims failed.

The travellers were represented by Ms Heather Rosen, and the Tribunal went on to decide that Ms Rosen had obstructed and impeded its investigation and hearing of the cases. The Tribunal was of the view that Ms. Rosen had wilfully abused the Tribunal process and had sought to manipulate the manner in which she carried out her investigative and decision making functions. The end result was that Ms Rosen was ordered to pay expenses of €200 in the main case and a large number of similar cases. (See particularly Paras. 6.1 to 6.13).

The decision raises important procedural issues as to whether the Tribunal took sufficient account of the difficulty involved for a representative in gathering together a large number of claimants who are members of the travelling community for a callover/hearing. The whole idea of a "callover/hearing" seems strange in any event. There is a reference in the decision [para.4.5] to a tragic death of a young traveller woman having occurred close to the time of the callovers, but an adjournment only being granted in the case of close family members.

All in all, it seems unfortunate that the Tribunal did not proceed to a full hearing of the substantive issues and a large number of traveller families may well be left with the impression that the state apparatus is acting against them rather than facilitating their claims.

UPDATE ADDED IN 2011:
See also this posting on a subsequent High Court case. 

Tuesday, October 28, 2008

Events

I've updated the list of Irish Law events here:
www.irishlaw.org/events/

New events include the following:

Tuesday 4th November 2008:
On Lawyers, their obligations and the Cicero Collection at King's Inns Library - Hugh M Fitzpatrick Lecture in Legal Bibliography
King's Inns, Henrietta Street, Dublin
http://www.lawlibrary.ie/viewdoc.asp?DocID=117

Fri. 7 Nov. 2008:
Virtual Reality: Towards the Electronic Conveyance - Law Society, Dublin http://tinyurl.com/lawsoc07nov

Sat. 8 Nov. 2008:
Annual Human Rights Conference 2008 - Law Society, Dublin
http://tinyurl.com/lawsoc-hr

Tue.11 Nov. '08:
Economic Evidence In Merger Cases - Irish Society for European Law
CPD certificates will be available on request. Pre-registration at iselcompetition@gmail.com is required due to a limit on numbers.
Venue: Eugene F Collins, 3 Burlington Road, Dublin 4
http://www.isel.ie/Compcoming.htm

Wednesday 12 November 2008:
Internationalising Common Law Courts
Queen's University Belfast http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 13 Nov. 2008:
Recent Cases on Race Discrimination - University of Limerick http://www.iwla.ie/seminars.htm

Mon. 17 Nov. 2008:
The Impact of European Law on the Corporate World - A Conference to Celebrate 20 Years of ICEL - Irish Centre for European Law, Dublin
http://www.icel.ie/events_forthcoming.htm

Wednesday 19th November, 2008:
Prudential Regulation after the Credit Crunch: The Revised EU Capital Requirements Directive - Irish Centre for Commercial Law Studies, University College Dublin
http://www.ucd.ie/iccls/programs.htm

Fri.-Sat. 5-6 Dec. 2008:
Legal Processes Beyond the State - University College Dublin Legal Research Conference 2008: A Conference for Postgraduates
http://www.ucdconference.com

Mon.-Tue. 8-9 Dec. 2008:
Intensive Course on Planning Law - Law School, Trinity College Dublin http://www.tcd.ie/Law/Events/Planning.php

Friday 12th December, 2008:
Transfer of Undertakings - A Practical Guide - University College Dublin http://www.ucd.ie/iccls/programs.htm

Fri.-Sat.27-28 Feb. 2009:
Irish Society of Comparative Law Conference - Limerick
http://www.iscl.ie/conference.html

Friday, September 12, 2008

Judicial Diversity Seminar - Dublin, 18 Sept. 2008

Baroness Usha Prashar
Judicial Diversity: Strategies for Change
Evening Seminar


Keynote Speaker:


Baroness Usha Prashar CBE, Chairman, Judicial Appointments Commission, United Kingdom
6 - 8pm, Thursday, 18 September 2008


Venue: The Atrium, Law Library, Distillery Building, Church Street, Dublin 7


Organised by the Irish Council for Civil Liberties (ICCL) and the Centre for Criminal Justice and Human Rights, University College Cork (UCC)


The Irish Council for Civil Liberties (ICCL) and the Centre for Criminal Justice and Human Rights at University College Cork are organising an evening seminar on judicial diversity. The purpose of the event is to open up a discussion about the possibilities of achieving greater judicial diversity in Ireland.


This seminar is aimed at members of the judiciary, practitioners, parliamentarians, policy makers, academics, non-governmental organisations (NGOs), students and anyone interested in judicial diversity.


The event is scheduled to take place from 6-8pm on Thursday, 18 September 2008 in the Atrium, the Law Library, Distillery Building, Church Street, Dublin 7.


Baroness Usha Prahsar CBE, Chair of the United Kingdom's Judicial Appointments Commission is the keynote speaker for this event. Other speakers include: Professor Kate Malleson, School of Law, Queen Mary University of London and Dermot Feenan, School of Law, University of Ulster


If you are interested in attending this event please RSVP to Joanne Garvey, ICCL Administrator by 5pm on Monday, 15 September 2008, Tel: (01) 799 4504 or Email: info@iccl.ie


The Speakers


Baroness Usha Prashar CBE is Chairman of the United Kingdom's Judicial Appointments Commission, a Governor of the Ditchley Foundation, a non-executive Director of ITV, Trustee of Cumberland Lodge, non-executive Director of the Cabinet Office, a Governor of Ashridge College, President of the Community Foundation Network, President of UK Council for International Student Affairs and a Patron, The Runnymede Trust.


Her previous posts include First Civil Service Commissioner, Chairman of the Royal Commonwealth Society, Chancellor of De Montfort University, Executive Chairman of the Parole Board for England and Wales, Director of the National Council for Voluntary Organisations, Chairman of the National Literacy Trust and Director of the Runnymede Trust. She sits in the House of Lords as a cross-bencher.


Professor Kate Malleson joined the Queens Mary School of Law in 2005. Before coming to QM she taught at the London School of Economics. Her main research interests are the judiciary, the legal system and the constitution. She is currently working with colleagues at UCL on a three-year AHRC funded project on the selection process of the international judiciary. The project will identify and analyse the criteria and procedures by which judges are nominated and elected to the international courts.


She has a particular interest in the current constitutional reforms in the UK and acted as a specialist adviser to the House of Commons Constitutional Affairs Select Committee assisting it in its review of the provisions of the Constitutional Reform Bill. She also gave oral evidence to the House of Lords select committee on the Bill and last year was asked by the House of Lords Constitution Committee to provide a written report on the effect of the Constitutional Reform Act 2005 on the relationship between the judiciary, Parliament and the executive. In 2006-7 she chaired a JUSTICE committee on 'A Bill of Rights for Britain' which reviewed the problematic legal and political issues involved in assessing whether or not there is a case for creating a specific British bill of rights.


Dermot Feenan is a Lecturer in the Law School, University of Ulster. He was Co-chair of the International Research Collaborative on Gender and Judging, 2006-2007, set up under the auspices of the Law and Society Association, which hosted sessions at the Society's Annual Meeting in Baltimore, 2006, and its joint meeting in Berlin 2007 with several other socio-legal associations worldwide. He has held visiting positions at a number of universities, including: Cornell, Keele, Melbourne, Monash, Oxford, and Trinity College, Dublin.


He is currently completing a paper for publication on the topic of women's experiences as judges, as revealed in his research on Northern Ireland and as reported in the literature, in order to enhance knowledge and understanding of law, legal authority and diversity. He is also designing a research project on women judges' experiences in three common-law countries, which will lead to further publication.

Friday, August 01, 2008

Vacancy: Lectureship (Law and Irish) at U.C.C.

University College Cork

Applications are invited for a three-year fixed term College Lecturer (Law & Irish) contract in the Department of Law with requirements regarding Irish language as follows:

  • The appointee must be a fluent Irish speaker

  • He/she should ideally have a research interest in law and the Irish language and/or language rights.

Applicants must hold a post-graduate qualification in law.

Once appointed, this lecturer’s duties will include providing law modules through the Irish language. These modules will be made available to BCL (Law and Irish) students and to other undergraduate and postgraduate students. It is anticipated that this appointment will also serve to inculcate a culture of the Irish language among academic staff generally and that this will ultimately encourage development of the availability of more modules through Irish by academic staff. The appointee will also be expected to work closely with the Department of Irish with regard to placements and the development of the programme.

Salary Scale [new entrants]: €36,500 - €59,293

Closing Date: Friday 5th September 2008

Further particulars and application form:
www.ucc.ie/en/hr/EmploymentOpportunities/

Cuirfear fáilte roimh iarratais ar chonradh thrí bliana ar théarma seasta do Léachtóir Coláiste (Dlí & Gaeilge) i Roinn an Dlí leis na riachtanais seo leanas i leith na Gaeilge:

- Beidh an té a cheapfar ina G(h)aeilgeoir líofa.
- Go hidéalach, beidh suim aige/aici sa Dlí agus sa Gaeilge agus/nó i gcearta teanga.

I measc a c(h)uid dualgas beidh ar an léachtóir nuacheaptha modúil dlí a sholáthar trí mheán na Gaeilge. Táthar ag súil leis chomh maith go gcuirfidh an ceapachán seo le cultúr na Gaeilge i measc na foirne acadúla i gcoitinne. Beidh ar an té a cheapfar oibriú i gcomhpháirt le Roinn na Gaeilge maidir le socrúcháin oibre agus forbairt an chláir féin.

Scála Tuarastail [dóibh siúd atá ag tosú] € 36,500 - €59,293

Dáta Deireanach: Dé hAoine 5 Mean Fomhair 2008

www.ucc.ie/en/hr/EmploymentOpportunities/



    Wednesday, June 25, 2008

    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

    Thursday, June 05, 2008

    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)

    Friday, May 02, 2008

    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.

    Wednesday, April 23, 2008

    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.

    Tuesday, February 26, 2008

    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

    Friday, February 08, 2008

    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.

    Monday, January 07, 2008

    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

    Wednesday, December 05, 2007

    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."

    Monday, November 19, 2007

    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

    Tuesday, October 30, 2007

    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/