Events in September 2012 and after

Details of events at 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 www.irishlaw.org/events/submit.shtml

Mon.17 Sept. 2012:
Multiculturalism and the Role of International Law - QUB, Belfast
www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Thu. 20 Sept. 2012:
Sentencing Guidelines and the work of the Sentencing Council, IPRT Annual Lecture, Dublin
www.iprt.ie/contents/2372

Thu. 27 Sept. 2012:
The People's Constitution: A Reflection on the Referendum Process - Faculty of Law, UCC
www.ucc.ie/en/lawsite/eventsandnews/

27-28 Sept. 2012:
Commonwealth Lawyers' Association Property Law Conference 2012, Belfast
www.qub.ac.uk/sites/clabelfastconference2012/

Fri.-Sat. 28-29 Sept. 2012:
Current Fundamental Issues in Employment Law - UCD, Dublin
www.ucd.ie/law/events/title,131675,en.html

30 Sept. to 5 Oct. 2012:
International Bar Association Annual Conference, Dublin
www.int-bar.org/conferences/dublin2012/

Tue. 2 Oct. 2012:
Current Legal Issues Facing the United Nations - IIEA, Dublin
www.iiea.com/events/current-legal-issues-facing-the-united-nations

10-12 October 2012:
U.S. / Ireland Legal Symposium, Philadelphia, USA
www.brehonsymposium.com

Fri.12 Oct. 2012:
European Union law in Practice - Faculty of Law, UCC, Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/ 

Fri.12 Oct. 2012:
Exit from Custody - Annual Conference of ACJRD, Dublin
www.acjrd.ie/contents/181

Sat. 13 October 2012:
Promoting and Protecting Human Rights in Ireland: The Role of the Irish Constitution and European Law - Law Society, Dublin
www.lawsociety.ie/Pages/Events/Annual-Human-Rights-Conference/

Thu. 11 October 2012:
Annual Property Law conference - Law Society, Dublin
www.lawsociety.ie/Annual_Property_Law_Conference.aspx

Wed. 17 Oct. 2012:
Getting involved in Pro Bono litigation: Opportunities in Northern Ireland
www.pilsni.org

Thu. 18 October 2012:
Environmental Regulation and Enforcement Conference, ICEL and EPA conference, Dublin
www.icel.ie/events_currentprogramme

Fri. 19 Oct. 2012:
Migration, Domestic Workers and Human Rights: gender equality and the limits of rights - Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/

Wed. 24 Oct. 2012:
Irish Maritime Law Association Autumn Lecture on SOSREP, Dublin
www.irishmaritimelaw.com/autumn-lecture-sosrep/

Thu. 1 Nov. 2012:
Contract Law Update, Law Society, Dublin
www.lawsociety.ie/Products/Courses/

5-6 Nov. 2012:
EU Anti-Discrimination Law, Trier, Germany
www.era.int

16-18 November 2012:
Legal Scholarship and Judicial Reasoning: A Mutual Interaction - Annual Conference of Irish Association of Law Teachers, Dublin
www.ialt.ie/events/

Thu.-Fri. 22-23 Nov. 2012:
7th Annual Data Protection Practical Compliance Conference, Dublin
www.pdp.ie/conference/data_protection/2012

Fri. 23 Nov. 2012:
Enforcing European Environmental Law Conference - Faculty of Law, UCC, Cork 
www.ucc.ie/en/lawsite/eventsandnews/events/

7-8 July 2013:
Irish Legal Diaspora Conference - Dublin
www.ilhs.eu/conferences.asp

=== About Irish Law Updates ===

To join or leave the Updates list, go the main page of the Irish Law Site at UCC at www.irishlaw.org and insert your name and e-mail in the relevant box.
The Irish Law Updates e-mail list is used for periodic updates on issues of importance to Irish and Northern Irish law on the Internet. It is a low-traffic list, with a maximum of one message per week.
For the separate Irish Law discussion list, see the 'Join or Leave the IrishLaw list' link on the Irish Law site at www.irishlaw.org.
Members of the Irish Law discussion list automatically receive all the Irish Law Updates messages as well, so there is no need to join the two lists.
The Updates list currently has 1,760 members. When combined with the 530 members of the IrishLaw Discussion list, these messages are received by 2,290 people.
For the RSS feeds see the buttons on the Irish Law home page - www.irishlaw.org
To receive an e-mail each time a new event is added to Irish Law Events, use this link to submit your e-mail address:
http://url.ie/5zj
To receive an e-mail each time a new post is added to the Irish Law Updates blog:
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For instructions on how to feed Irish Law updates to your desktop see www.irishlaw.org/siteinfo/syndication.shtml
Twitter Feed: http://twitter.com/dariuswirl
For further information contact Dr Darius Whelan, Law Department, University College, Cork, e-mail d.whelan@ucc.ie
University College Cork Law Faculty website - www.ucc.ie/law/

Migrant worker case in the High Court

Muhammad Younis.  Picture by RTE.  

Further update, June 2015:

The Supreme Court upheld Mr Younis's appeal

In a very important decision yesterday, Hussein v The Labour Court [2012] IEHC 364, Hogan J. found that a migrant worker (Mr Muhammad Younis) who had been exploited by his employer could not claim under the working time legislation, minimum wage legislation and the Terms of Employment (Information) legislation.  See news reports at Irish Times and RTE websites.

Liam Thornton has an excellent post over at humanrights.ie summarising the issues, particularly focusing on the international human rights dimension of the case.

While we are still digesting the judgment as it has only recently been published, some additional points which have struck me are as follows:

• Hogan J. says at para. 19 that the Employment Permits Act 2003 contains no saving clause such as obtains in the case of unfair dismissals.  However, the National Minimum Wage Act 2000 does contain a saving clause at s.40.  While it is likely that even if he had referred to this section, he would have reached the same conclusion, it is surprising that he does not explicitly address it.  
• Hogan J. does not refer explicitly to the significant Irish employment law case of Lewis v Squash Ireland [1983] ILRM 363.  In that case, the Tribunal stated: "It is public policy that the Courts and this Tribunal should not lend themselves to the enforcement of contracts, either illegal on their face or in which the intended performance of obligations thereunder was illegal to the knowledge of the party seeking to enforce the contract" (emphasis added).  Hogan J. could have explored whether he agreed with such a statement of public policy by the EAT, rather than relying entirely on court decisions.  While of course the courts have superior authority to the tribunals, they have also recognised the specialist expertise of such tribunals in the past.
• Hogan J. also does not refer to Dubyna v Hourican Hygiene  (2005) UD 781/2004, another EAT case in which it was found that a contract in breach of the Employment Permits Act 2003 was enforceable where the employee was unaware of the breach.  Admittedly, the circumstances were quite different but nonetheless it is a more relevant decision than some of those cited in the High Court decision. 
• As far as I can see, the only English case referred to is from 1957.  There is no reference to the recent Court of Appeal case of Hounga v Allen [2012] EWCA Civ 609 which involved breach of work permits legislation.  While the court did not permit the claim in that case, it allowed for the possibility that in some cases an employee might not be an active participant in an illegality, but instead acquiesce in the state of affairs, in which case she might still claim.  (See Laurie Anstis posting on Daniel Barnett blog here.)  [Update in 2014:  The UK Supreme Court has upheld the appeal against the Court of Appeal decision - Hounga v Allen [2014] UKSC 47 - See Vanessa James posting on Daniel Barnett blog here.] 
• I am not entirely comfortable with the idea of the High Court posting copies of its decisions to the Ceann Comhairle, the Cathaoirleach of the Seanad and the Minister for Jobs, Enterprise and Innovation.  I agree that a judge may highlight a possible anomaly in the law, or possible unintended consequences of legislation, and even state that the law should be changed (as happened in the X. case).  But it is unnecessary and perhaps could be misinterpreted for the judge to post the decision to these three people.   They are all surely aware of the decision, as they are aware of all court decisions.  Perhaps I am splitting hairs here?  

[Further Update in 2014 - The Employment Permits (Amendment) Act 2014 will allow a migrant worker in Mr Younis's situation to bring a civil action seeking compensation for work done.  The Act will come into force on a date specified by the Minister. The new Act was welcomed by Migrant Rights Centre Ireland here. However, as the Centre notes, much more needs to be done.  From an employment law perspective, it is unclear to what extent a migrant worker without a work permit could bring an action other than an action seeking compensation for work done. ]   

Further update, June 2015: 
The Supreme Court upheld Mr Younis's appeal

Irish Mental Health Lawyers Association seminar - Dublin, 23 July 2012

Irish Mental Health Lawyers Association 

2012 Seminar

Reforms to the Mental Health Act 2001, update on Capacity legislation and Treatment issues 

Date: Monday 23rd of July 2012

Venue: Law Society, Blackhall Place, Dublin 7

Time: 5.30pm - 8.00pm

Registration and refreshments: 5.30

2 CPD points will be available for attendees

AGENDA

5.30pm  Registration  - Tea/Coffee/sandwiches

6.00pm  Dr. Darius Whelan,
President Irish Mental Health Lawyers Association, Faculty of Law U.C.C.
Daring to Change: The Interim Report of the Steering Group on the Review of the Mental Health Act

6.30pm  Fionn Fitzpatrick.
Presentation on need for legislative reform following her own experiences of the mental health services.

6.45pm  Mark Felton, Solicitor.
Overview of Proposed Capacity Legislation.

7.00pm  Dr. Ciaran Craven B.L.,
Mental Health Act 2001, Capacity and Consent to Treatment cases.

7.40pm  Joan Doran, Solicitor.
Operating the Mental Health Act 2001 Act, a practitioner’s viewpoint.

Seminar Registration Form available here:
http://www.irishlaw.org/events/imhla-july-2012.doc

Provisional registration can be made by email to: joan@joandoran.com


Fee:  Free to members of IMHLA
€65 to non-members


Cancellations must be received in writing. For cancellations received 5 working days or less prior to the event, the attendance fee is non refundable.

It may be necessary, for reasons beyond the control of the conference organisers, to alter the content and timing of the program or the identity of the speakers.

Time to remove mental health disqualification for TDs

Dáil Éireann - CC BY by apanoply

The Guardian reported yesterday that the British government will support a private member's bill by the MP Gavin Barwell which would remove laws which discriminate against people who have mental health problems, including a ban on "mentally disordered persons" from doing jury service, a bar on people who have been sectioned under the Mental Health Act for more than six months from becoming MPs, and another that can have people removed as director of a company "by reason of their mental health".

It is high time that similar restrictions were removed in Ireland.  For example, section 41 of the Electoral Act 1992 states that a "person of unsound mind" may not be a member of the Dáil.
This section has not been repealed.

(By the way, this is also the section which bans undischarged bankrupts or those undergoing a sentence of 6 months or more).

In January 2010, John Moloney TD, then Minister of State for Mental Health and Disability, said that he had written to the Minister for the Environment asking that the relevant restriction on membership of the Dáil be repealed (see article by Mark Tighe in Sunday Times, 31 January 2010).  He also said at the time that he had stress and depression two years previously, forcing him to take four weeks off work.  At the time he referred to s.51 of the Electoral Act 1923, but that had been repealed and replaced in 1992.

In a similar vein, the European Court of Human Rights has overturned an absolute bar on voting by any person under partial guardianship, irrespective of his or her actual faculties in Kiss v Hungary (2010).

In 2011, the Venice Commission reversed an anomaly which allowed countries to exclude people with "genuine mental disabilities" from the ballot box. See more at http://www.savethevote.info, a site set up by the Mental Disability Advocacy Centre in Budapest.

See also June Shannon, 'Fears that Dáil rule fuels mental health stigma', Medical Independent, 2 Jun 2011.

[ Dáil Éireann photo - CC BY from Flickr by apanoply ]

Vacancy - Lectureship in Law, University College Cork

University College Cork - Lectureship in Law

Closing Date for Applications: 28 Jun 2012

Contract Type: Fixed Term Whole-Time
Job Type: Academic
Salary: €31,821 - €51,270 / €62,353 - €81,459 per annum

The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of innovation and excellence in legal education and research, including a contribution to policy development and society.

As one of the largest departments in University College Cork, Law has a distinguished history over many decades of attracting high quality students and recruiting high quality staff nationally and internationally. The Law Department operates with a complement of twenty seven full-time academic staff providing BCL, LLB, LLM and PhD programmes, in addition to an Evening BCL programme.  Moreover, it offers law modules across a range of programmes in all disciplines in the University.

Applications are invited for a three-year temporary Lecturer post in the Department of Law. The post holder, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants will be expected to hold a doctorate, equivalent professional qualification or research experience leading to publication in law. The post holder will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and be actively engaged in research.

For informal enquiries about the post, please contact Professor Ursula Kilkelly, Head of Department of Law. Email: headoflaw@ucc.ie.  Further information on the Faculty of Law can be found online on www.ucc.ie/en/lawsite/

For a full list of duties and selection criteria see www.ucc.ie/hr/vacancies/academic

Appointment will be made on the Lectureship Salary Scale (new entrants 2011):

€31,821 - €51,270 / €62,353 - €81,459

 *Existing public servants continuously employed in the public sector on/after 31st December 2010 will be placed on the 2010 salary scales (non new entrants)

To Apply:

Application forms must be completed and are available, together with full details, from www.ucc.ie/en/hr/vacancies or Recruitment Office, Department of Human Resources, University College, Cork, Ireland.  Email: recruitment@per.ucc.ie  / Tel: +353 21 490 3691 / Fax: +353 21 427 1568.

Closing date:  Thursday 28th June 2012 at 5:00pm

University College Cork is an Equal Opportunities Employer

John Gallagher and mental health law

It has been reported this morning that John Gallagher has handed himself in to the Central Mental Hospital.
The Gallagher saga has had major implications for mental health law in Ireland over the years.
Now that he is back in the CMH, his case may well be reviewed by the Mental Health (Criminal Law) Review Board.

Gallagher was found guilty but insane on two murder charges in 1989.
The verdict at the time was governed by the Trial of Lunatics Act 1883.
The 1883 Act was probably in breach of article 5 of the European Convention on Human Rights, as it provided for automatic detention on an insanity verdict and because it failed to provide for reviews of detention. However, the ECHR did not become part of domestic law until 2003. It was reported in 2005 that Eamonn Daly was challenging the compliance of the 1883 Act with the ECHR.

Gallagher brought various challenges to his detention in the Central Mental Hospital.  In Application of Gallagher (No.2) (1996) the High Court found that he no longer had a mental disorder but had a personality disorder.  The court upheld his continuing detention on the basis of a personality disorder, and in spite of lengthy ministerial delays in acting on recommendations of a non-statutory review committee.
The court emphasised that he could not be detained on grounds of risk alone as this would be preventative detention.

The Criminal Law (Insanity) Act 2006 established the Mental Health (Criminal Law) Review Board.
This board has three members and reviews the detention of those detained on insanity verdicts, even if their trials took place prior to 2006.  Reviews take place every six months.
The board has various powers, e.g. to order that the person be released or conditionally discharged.
If the person was conditionally discharged (from 2006 to 2010), the Board did not have the power to recall them if they broke the conditions of their discharge. As a result, the Board had a policy of never ordering a conditional discharge.

There were two High Court cases concerning the powers of the Review Board - J.B. v Mental Health (Criminal Law) Review Board [2008] IEHC 303; High Court, Hanna J., July 25, 2008  -  www.bailii.org/ie/cases/IEHC/2008/H303.html - and L. v Kennedy [2010] I.E.H.C. 195 High Court, Peart J., May 5, 2010  http://www.bailii.org/ie/cases/IEHC/2010/H195.html.

In L. v Kennedy, Peart J. did not order that Mr. L. be released (as the case was a habeas corpus application under article 40.4 of the Constitution) but hinted that if it had been a judicial review case he might have quashed the review board's decision.

The two cases rely heavily on Johnson v UK, an ECHR case.  However, it is arguable that they fail to focus adequately on the delay aspect of the Johnson case.  In addition, there is little discussion of the Irish constitutional principle against preventative detention.

The 2006 Act was amended by the Criminal Law (Insanity) Act 2010, which provides a power of recall if a patient discharged conditionally breaches the conditions.

Events in April 2012 and after

Welcome to Irish Law Updates
Supported by University College Cork Law Faculty

=== 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

Wed. 25 April 2012:
Hidden Treasures in the Irish Law Times of the Late Victorian Period - Hugh M. Fitzpatrick Lecture in Legal Bibliography, Dublin
http://www.lawlibrary.ie/viewdoc.asp?DocID=3134

Thu. 26 April 2012:
Postgraduate Conference, Centre for Criminal Justice and Human Rights, University College Cork
http://www.ucc.ie/en/ccjhr/news/fullstory-151692-en.html

Thu. 26 April 2012:
Recent Cases in Public Procurement - Irish Society for European law, Dublin
http://www.lawsociety.ie/Pages/Events/Recent-Cases-in-Public-Procurement/

Thu. 26 April 2012:
Law Reform and Social Transition - Irish Association of Law Teachers, Dublin
http://www.ialt.ie/events/

Sat. 28 April 2012:
Putting Human Rights at the Heart of the Good Society - Sheehy Skeffington School, Dublin
http://www.sheehyskeffingtonschool.org

Sat. 28 April 2012:
Children and Criminal Justice, Irish Criminal Bar Association, Dublin
http://www.irishtimes.com/newspaper/finance/2012/0423/1224315046492.html

Tue. 1 May 2012:
Freedom of Religion and Belief: Implications for Contemporary Ireland - Irish Network against Racism, Dublin
http://www.activelink.ie/node/8836

1, 2 and 8 May 2012:
Prisoner Rights, and the Rights and Needs of Prisoners' Children - IPRT Series of Seminars in Limerick, Dublin and Cork
http://www.iprt.ie/contents/2316

Thu. 3 May 2012:
Sexual offences and capacity to consent: Understanding the key issues - Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/


Fri. 4 May 2012:
Creating Equitable Access to Justice: Recognising people with Disabilities as Victims of Crime - Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Fri.-Sun. 4-6 May 2012:
Ireland: Commemoration and Constitution - Burren Law School, Ballyvaughan, County Clare
http://www.burrenlawschool.org

Thu. 10 May 2012:
John M Kelly Memorial Lecture: Appraising the EU experiment after 60 years - Professor Gráinne de Búrca - University College Dublin
http://www.ucd.ie/law/events/

Thu. 10 May 2012:
Finding the Equilibrium: Law Society Annual Human Rights Lecture, Dublin.  Speaker: Rt. Honourable Sir Declan Morgan, Lord Chief Justice of Northern Ireland
http://www.lawsociety.ie/Pages/Events/Annual-Human-Rights-Lecture/

Thu. 10 May 2012:
Intellectual Property Law Update - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Thu. 10 May 2012:
EU Litigation Update Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

Mon. 14 May 2012:
Symposium on UN Convention on the Rights of the Child - NUI Galway
http://www.nuigalway.ie/human_rights/conferences.html

Tue. 15 May 2012:
Tax and Probate Seminar - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Fri. 18 May 2012:
Annual Conference of Society of Trust and Estate Practitioners, Dublin
http://www.step.ie/annual-conference-programme-now-available

Sat. 19 May 2012:
Tort Law Conference - Bar Council, Dublin
http://www.lawlibrary.ie/viewdoc.asp?fn=/documents/news_events/consem.htm&m=5

Thu. 31 May 2012:
ICCJ and BSC event "Risk, Crime and Security", Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

14-16 June 2012:
Annual Conference of British and Irish Association of Law Librarians, Belfast
http://www.biall.org.uk/pages/belfast2012.html

18-23 June 2102:
The UN Convention on the Rights of Persons with Disabilities – How to Use it - Summer School, NUI Galway
http://www.nuigalway.ie/cdlp/summer_school/2012/welcome.html

Mon. 18 June 2012:
Family Lawyers Association of Ireland Conference, Dundalk
http://www.familylawyers.ie/news-events/

Tue. 19 June 2012:
European Arrest Warrant and Extradition Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

Tue. 19 June 2012:
Justice Conference 2012: Towards Affordable and Efficient Justice, Dublin
http://www.eolasmagazine.ie/events/justice2012/

Wed. 20 June 2012:
Annual Centre for Criminal Justice and Human Rights Lecture to be delivered by Professor Michael O'Flaherty, University of Nottingham - Location: University College Cork 
http://www.ucc.ie/en/lawsite/eventsandnews/events/

Sat. 23 June 2012:
Mental Health Reform: New Perspectives and Challenges - NUI Galway
http://conference.ie/Conferences/index.asp?Conference=173

Thu.-Sat. 28-30 June 2012:
The Irish Constitution: Past, Present and Future - UCD School of Law, Dublin
http://www.ucd.ie/law/events/title,120148,en.html

Thu.-Fri. 28-29 June 2012:
North / South Criminology Conference - University College Dublin Institute of Criminology
http://www.ucd.ie/criminol/News.htm

Thu. 28 June 2012:
Public Procurement Conference - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme

2-20 July 2012:
E Law Summer Institute, Faculty of Law, University College Cork 
http://www.ucc.ie/en/lawsite/students/eLSI/

11-14 Sept. 2012:
Annual Conference of Society of Legal Scholars, Bristol
http://conference.legalscholars.ac.uk/bristol/

16-18 November 2012:
Annual Conference of Irish Association of Law Teachers, Dublin
http://www.ialt.ie/events/

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

The Commission is now seeking submissions on the following: Consultation Paper on Mandatory Sentences (LRC CP 66-2011) Closing date for submissions 30 April 2012

UNIVERSITY COLLEGE CORK POSTGRADUATE OPPORTUNITIES

Taught Postgraduate Programmes

LLM
LLM (Child and Family Law)
LLM (Criminal Justice)
LLM (Intellectual Property and E-Law)
LLM (International Human Rights Law and Public Policy)
LLM (Practitioner)
LLB

Postgraduate Research Programmes

PhD
LLM by Research

For more information on all of the above see http://www.ucc.ie/en/lawsite/study/postgrad/

UNIVERSITY COLLEGE CORK UNDERGRADUATE PROGRAMMES

Bachelor of Civil Law (BCL) Degree
BCL (Law and French)
BCL (Law and Irish)
BCL (International)
BCL (Clinical)

See http://www.ucc.ie/en/lawsite/study/undergrad/



=== About Irish Law Updates ===

To join or leave the Updates list, go the main page of the Irish Law Site at UCC at http://www.irishlaw.org  and insert your name and e-mail in the relevant box.
The Irish Law Updates e-mail list is used for periodic updates on issues of importance to Irish and Northern Irish law on the Internet. It is a low-traffic list, with a maximum of one message per week.
For the separate Irish Law discussion list, see the 'Join or Leave the IrishLaw list' link on the Irish Law site at http://www.irishlaw.org.
Members of the Irish Law discussion list automatically receive all the Irish Law Updates messages as well, so there is no need to join the two lists.
The Updates list currently has 1,760 members. When combined with the 530 members of the IrishLaw Discussion list, these messages are received by 2,290 people.
For the RSS feeds see the buttons on the Irish Law home page - http://www.irishlaw.org
To receive an e-mail each time a new event is added to Irish Law Events, use this link to submit your e-mail address:
http://url.ie/5zj
To receive an e-mail each time a new post is added to the Irish Law Updates blog:
http://www.feedblitz.com/f/?Sub=135134
View a World Map showing locations of visitors to the Irish Law Site: http://www.tinyurl.com/fjute
For instructions on how to feed Irish Law updates to your desktop see http://www.irishlaw.org/siteinfo/syndication.shtml
Twitter Feed: http://twitter.com/dariuswirl
For further information contact Dr Darius Whelan, Law Department, University College, Cork, e-mail d.whelan@ucc.ie
University College Cork Law Faculty website - http://www.ucc.ie/law/

Mental Health Courts

I recently co-authored an article in the Web Journal of Current Legal Issues with Sarah Ryan about Mental Health Courts and whether they should be introduced in Ireland.

This is the abstract:

At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment.

This article begins with a review of the background to mental health courts, focusing on the concept of diversion from the criminal justice system and the role of Therapeutic Jurisprudence theory as an inspiration for the establishment of mental health courts. The main features of mental health courts are identified and the features of those in existence in the United States are contrasted with those in Canada and England and Wales. Some of the main arguments against the use of these courts will be discussed, including the contentions that defendants' participation may not be truly voluntary and that their due process rights are not adequately protected. The question of whether a mental health court should be established in Ireland is considered. 

The full text of the article is available here and the full reference is as follows:
Ryan, Sarah and Whelan, Darius, 'Diversion of Offenders with Mental Disorders: Mental Health Courts'  (2012) 1 Web Journal of Current Legal Issues.  

Events in November 2011 and After

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

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

Wed. 9 Nov. 2011:
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

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

Fri.11 Nov. 2011:
Chartered Institute of Arbitrators International Young Members Group Conference, Law Library, Distillery Building, Dublin 7
http://www.arbitration.ie/

Fri. 11 Nov. 2011:
Extradition: The European Arrest Warrant and Fundamental Rights - Belfast
http://www.law.qub.ac.uk/schools/SchoolofLaw/NewsandEvents/Events/

Fri.-Sun.11-13 Nov. 2011:
Family Lawyers Conference - Belfast
http://www.familylawyers.ie/

Sat.12 Nov. 2011:
UCD Lawyers and Public Life: 100 Years of Activism and Influence - School of Law, UCD, Conference - Newman House, St. Stephen's Green, Dublin 2
http://www.ucd.ie/law/events/title,100574,en.html

Sat. 12 Nov. 2011:
Litigation Against Post-Primary Schools: All the Recent Decisions - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat.12 Nov. 2011:
Employment Law and Mental Health - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=147

Wed.16 Nov. 2011:
Casement’s speech from the dock and the archive of inhumanity - Dublin
http://www.lawsociety.ie/Pages/Events/25th-Hugh-M-Fitzpatrick-Lecture/

Thu.17 Nov. 2011:
Law on...Risk - Risk assessment in the criminal process in the context of mentally disordered offenders, persons seeking parole and temporary release - Dublin City University
http://dcu.ie/socio-legal/news/article/law-on-risk-seminar

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

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

Fri. 18 Nov. 2011:
"Unimaginable Atrocities": International criminal tribunals, politics and human rights - Dublin
http://www.ucd.ie/law/events/

Sat. 19 Nov. 2011:
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=139

Sat. 19 Nov. 2011:
Criminal Law Update - School of Law, Trinity College Dublin, Conference
http://www.tcd.ie/Law/events/

Sat. 19 Nov. 2011:
Integrating a Socio-Legal Approach to Evidence in International Criminal Tribunals - University College Dublin
http://www.ucd.ie/law/events/

Tue. 22 Nov. 2011:
Debt Collection and Enforcement of Judgments - Dublin Solicitors Bar Association
http://www.dsba.ie/legal_resources/seminars.683.seminars.html

Thu.24 Nov. 2011:
The Autonomous Concept of 'Family' in the Jurisprudence of the European Court of Human Rights - Irish Society for European Law, Dublin
http://www.lawsociety.ie/Pages/Events/9th-Annual-Brian-Walsh-Memorial-Lecture/

Fri.25 Nov. 2011:
Enforcing European Union Environmental Law - Faculty of Law, University College Cork
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/EnforcingEuropeanUnionEnvironmentalLaw/

Fri. 25 Nov. 2011:
Competition in Energy and Regulated Markets - Irish Centre for European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Sat. 26 Nov. 2011:
Tort Litigation 2011: All the Recent Developments - School of Law, Trinity College Dublin
http://www.tcd.ie/Law/events/

Sat. 26 Nov. 2011:
IWLA Seminar on the Legal Services Bill - Dublin
http://www.iwla.ie/

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

Thu. 1 December 2011:
Access to Justice - FLAC Lecture by Baroness Nuala O'Loan - Dublin
http://www.flac.ie/news/events.html

Fri. 9 December 2011:
Conference on EU Migration Law - Irish Centre for European Law / Academy of European Law, Dublin
http://www.icel.ie/events_currentprogramme.php

Thu.-Fri. 12-13 January 2012:
SLSA Postgraduate Conference 2012 - Belfast
http://www.slsa.ac.uk/content/view/169/144/

Fri.-Sat. 2-3 March 2012:
Irish Society of Comparative Law Annual Conference - University College Cork
http://irishsocietyofcomparativelaw.blogspot.com/

Fri.23 March 2012:
Irish European Law Forum / The Enforcement of Competition Law - University College Dublin
http://www.ucd.ie/law/events/

Tue.-Thu. 3-5 April 2012:
Socio-Legal Studies Association conference, De Montfort University, Leicester, UK
http://www.dmu.ac.uk/faculties/business_and_law/conferences/slsa/

Fri.-Sat.20-21 April 2012:
Contemporary Housing Issues in a Changing Europe - NUI Galway
http://www.conference.ie/Conferences/index.asp?Conference=135

Thu. 10 May 2012:
John M Kelly Memorial Lecture: Appraising the EU experiment after 60 years - University College Dublin
http://www.ucd.ie/law/events/

Travellers - Clare, Equal Status Act

In 2008 I blogged about a complex case in County Clare concerning travellers bringing claims under the Equal Status Act 2000.


Thanks to Stare Decisis Hibernia, I see that High Court judgment was issued in July - Clare County Council v Director of Equality Investigations [2011] IEHC 303.
 
The Council made various complaints about ongoing Equality Tribunal hearings, e.g. that the claim forms submitted were not adequately completed. Hedigan J. refused various orders sought by the Council and allowed the hearings to proceed. Hedigan J. stated: "In establishing the Equality Tribunal, the Oireachtas did not intend to create a complex system of adversarial decision-making. The procedures before the respondents are not to have the formality of a court case."


Hedigan J. appeared to approve of the call-over system which was used to establish which claimants wished to proceed with their cases. He also emphasised that the claimants were entitled to be respresented by a non-lawyer (Ms Heather Rosen) and that "allowances must be made for the fact that lay persons and representatives do not articulate complaints in the same way as professionally qualified advocates".
 

Events in October 2011 and after

This is the listing of forthcoming events from October 2011 on.


For the live listing, see www.irishlaw.org/events/.

Thu. 6 Oct. 2011: 
E-Discovery Ireland 2011 - Dublin 
http://www.ediscovery.ie/

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

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

Wed.12 Oct. 2011:  
A comparison of sanction regimes in Ireland, the United States and Canada - ISEL Competition Law Forum, Dublin   
http://www.isel.ie/ 

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

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

Fri.14 Oct. 2011:  
Current Developments in Public Procurement Law - ICEL - Belfast   
http://www.icel.ie/ 

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

Thu. 20 Oct. 2011:  
Cohabitation and Civil Partnership: The New Law in Practice - Faculty of Law, University College Cork  
http://www.ucc.ie/en/lawsite/eventsandnews/events/ 

Fri. 21 Oct. 2011:  
European Union Law in Practice - Faculty of Law, University College Cork   
http://www.ucc.ie/en/lawsite/eventsandnews/Conferences/  

Sat. 22 Oct. 2011:  
Ireland's Human Rights Record Under the Spotlight: The Implications of the United Nations Universal Periodic Review - Dublin   
http://www.lawsociety.ie/Pages/Events/9th-Annual-Human-Rights-Conference/   

Thu. 3 Nov. 2011:  
Union Citizenship in Practice: Its scope of application, its impact on Residence Rights, Social Security entitlements and Immigration Procedures - ICEL, Dublin 
http://www.icel.ie/ 

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

Sat. 5 Nov. 2011: 
Insolvency Law and Practice in the 21st Century: Irish and International Experience - University of Limerick
http://www.ucc.ie/law/irishlaw/events/Insolvency-UL-05nov2011.pdf

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

Wed. 9 Nov. 2011:  
Company Charges and Financial Assistance: The Significance of Planned Reforms in Law and Practice - Irish Corporate Law Forum Seminar, Dublin
http://www.iclf.ie/

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

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

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

Sat. 19 Nov. 2011: 
Genetic Discrimination – Transatlantic Perspectives on the Case for a European Level Legal Response - NUI Galway 
http://www.conference.ie/Conferences/index.asp?Conference=139

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

Events in September 2011 and after

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CURRENT CONSULTATIONS:

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

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

LLM in IP and E Law at University College Cork

LLM Intellectual Property and E Law

Vacancy: Lectureship in Law, UCC

Lectureship in Law

One Year Fixed Term Post

Faculty of Law, College of Business and Law

Applications are invited for this one year post in the Department of Law. The Department of Law at University College Cork has established itself as one of the leading law schools in Ireland, with a record of providing innovation and excellence in legal education and research, including a contribution to policy development and society.

As one of the largest departments in University College Cork, Law has a distinguished history over many decades in attracting high quality students and recruiting high quality staff nationally and internationally. The Law Department operates with a complement of twenty seven full-time academic staff providing BCL, LLB, LLM and PhD programmes, in addition to an Evening BCL programme. Moreover, it offers law modules across a range of programmes in all disciplines in the University.

Applications are invited for a full-time temporary one year Lecturer post in the Department of Law. The holder of this post, working under the direction of the Head of Department and Dean of the Faculty of Law, will be expected to contribute to all day and evening law programmes offered at undergraduate and postgraduate levels. Applicants must hold a post-graduate qualification in law. The post holders will be expected to teach under the direction of the Head of Department, to fulfil administrative roles, and to be actively engaged in research.

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

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

Salary scale (new entrants 2011)*: €31,821 - €51,270 / €62,353 - €81,459

* Existing public servants continuously employed in the public sector on/after 31st December 2010 will be placed on the 2010 salary scales (non new entrants). In all instances the successful appointment will be at the first point of the scale

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

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

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

University College Cork is an Equal Opportunities Employer

Contrasting Recent Internet Copyright Cases

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

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

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

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

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

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

ICCL Consultation on the Veil in Irish Schools

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

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

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

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

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

About Corinna Ferguson

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

About the ICCL’s Paper

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

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

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

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

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

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

Conference on OTC Derivatives and the Global Financial Crisis

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

UCD Centre for Regulation and Governance

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

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

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

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

Further Information and Booking Form:

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

Programme for Burren Law School 2011

www.burrenlawschool.org

Extracts from Programme:

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

www.burrenlawschool.org Bookings 065 7077200

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

Saturday 30th April 2011

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

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

John McMenamin
Judge of the High Court

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

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

Sunday 1st May 2011

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

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

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

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

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

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

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

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

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

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

Speakers:

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

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

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

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

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

Nevan Elam: Chief Executive Officer, Aero Surgical Limited

Frank Ryan: Chief Executive Officer, Enterprise Ireland

Gerry Kilcommins: President, American Chamber of Commerce

Regina Brehony: Director General, Irish Venture Capital Association

Gillian Buckley: Chief Executive Officer, Western Development Commission

Brendan Cahill: Partner, William Fry

Kieran Cowhey: Partner, Dillon Eustace

Jeanne Kelly: Partner, Mason Hayes & Curran

John Malady: Principal, Malady and Wooten Public Affairs

Kevin Dooley Kent: Shareholder, Conrad O'Brien PC

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

Agenda

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

Accessing Capital and Starting Up a Business

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

Conducting Business/Comparative Analysis

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

Litigation and Dispute Resolution

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

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

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