Monday, April 16, 2018

Save the Date: Mental Health and Capacity Law Conference 2018




SAVE THE DATE

Centre for Criminal Justice & Human Rights, School of Law, University College Cork and
Irish Mental Health Lawyers Association 

Annual Conference 2018
Mental Health Law and Capacity Law   

Saturday 12 May 2018 
10.00 a.m. to 2.00 p.m.
Brookfield Health Sciences Complex, University College Cork   

Conference programme will be published shortly, once finalised.

Conference Convenors:  Dr Darius Whelan, School of Law, UCC and Ms Joan Doran, Solicitor, Chair, Irish Mental Health Lawyers Association

- Conference Fee - €120 
- NGOs €50
- Academics - €50
- Devilling barristers and trainee solicitors - €50
- Students – Free

Further Information from Ms Deirdre Kelleher, School of Law, UCC, phone (021) 490 3642, email lawevents@ucc.ie.

Four CPD Hours – Solicitors and Barristers
College of Psychiatrists of Ireland - CPD Credits  will be applied for.

Book Online 

Twitter hashtag:  #IMHLAUCC 


Saturday, April 07, 2018

Monitoring of smartphones and by CCTV in the workplace


I recently participated in an interdisciplinary seminar at UCC on 'Electronic Monitoring in Ireland: Shaping what we do and who we are'.

The title of my talk was 'Monitoring of smartphones and by CCTV in the workplace'. 

I discussed the legal implications of (a) use of smartphones and (b) monitoring by CCTV in the workplace.

Smartphones allow receipt of emails on a 24/7 basis, even when the employee is in theory off duty.  Employees’ locations may also be monitored.  The implications for employees’ mental health and compliance with the Working Time Directive were considered.  CCTV monitoring also raises significant issues, for example regarding the purposes of monitoring and the relationship between data protection law and employment law.

My presentation:
http://bit.ly/monitoring-law

A podcast interview:
"Listen to Dr Darius Whelan (@dariuswirl) speak with Jane Mulcahy (@janehmul) about the monitoring of smartphones in the workplace and the use of CCTV by employers"
https://itunes.apple.com/ie/podcast/dr-darius-whelan-shares-his-thoughts-on-electronic/id1288572014?i=1000408249932

[UCC School of Law Podcast]     If you don't have iTunes, the file is here.

The organisers of the seminar were Dr. Eleanor Bantry-White, Applied Social Studies; Dr. Katharina Swirak, Criminology; Dr. Debora Jeske, Applied Psychology; Dr. Fiona Donson, Law.

Speakers included
Professor Mike Nellis, Emeritus Professor of Criminal and Community Justice in the Law School, University of Strathclyde
Dr. Ciaran McCullagh, Associate Professor, University of Limerick
Gerry McNally, President of the Confederation of European Probation (CEP) and Assistant Director, Irish Probation Service
Professor Frederic Adam, Business Information Systems, UCC
Dr. Eleanor Bantry White, UCC School of Applied Social Studies
Dr. Orla O’Donovan, UCC School of Applied Social Studies

Some tweets may be found at #EMIreland

Case-law referred to in my presentation includes:

UPC Ireland v UNITE and SIPTU (2015)  LCR20938
https://www.workplacerelations.ie/en/Cases/2015/March/LCR20938.html

O'Connor v Galen Ltd (UD 1514/2009)

Köpke v. Germany (2010)
http://hudoc.echr.coe.int/eng?i=001-101536 

López Ribalda v Spain (2018)
http://www.bailii.org/eu/cases/ECHR/2018/14.html

Ali v First Quench (2001)
www.bailii.org/ew/cases/EWCA/Civ/2001/446.html

McGowan v Scottish Water (2004)
www.bailii.org/uk/cases/UKEAT/2004/0007_04_2309.html

Gresham Hotel (Case Study 6 of 2007)
https://www.dataprotection.ie/docs/Case-Studies-2008/c/732.htm#6

Westwood Swimming (2011)
https://www.dataprotection.ie/docs/Case-Studies-2011/1212.htm#9

Employee v Employer (Supermarket Restaurant) UD893/2010 (2012)
https://www.workplacerelations.ie/en/Cases/2012/September/UD893_2010_MN848_2010.html




Monday, July 17, 2017

Events from July 2017 onwards

Updated listings of forthcoming events:

Thu. 20 July 2017:
Circuit Court Rules - a trap for the unwary? Litigation Seminar - Dublin Solicitors Bar Association, Dublin 

Thu. 27 July 2017:
Commercial Law Update, Dublin Solicitors Bar Association, Dublin 

Fri. 28 July 2017:
Belfast Pride Law Lecture 2017 - Lord Kerr of Tonaghmore - Queen's University Belfast 

9 August 2017:
The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency - Transitional Justice Institute, University of Ulster

9-11 Aug. 2017:
Attorney General’s Constitutional Law Summer School, Belfast 

Fri. 1 September 2017: 
Contemporary Issues in Family Formation, University of Limerick
https://www.eventbrite.co.uk/e/contemporary-issues-in-family-formation-tickets-35504602221

4-5 September 2017:
Inaugural Conference of the British and Irish Chapter of the International Society of Public Law (ICON-S), Trinity College Dublin

Tue. 5 Sept. 2017: 
Comparing UK and Irish law: A special relationship? - Joint Seminar of the British Association of Comparative Law and the Irish Society of Comparative Law - Sutherland School of Law, University College Dublin 

5-8 September 2017: 
Society of Legal Scholars Annual Conference, Dublin, - UCD Law School 

Fri. 8 Sept. 2017:
The Common Law and Brexit: A New Frontier?
Joint Seminar of the Honorable Society of King’s Inns, The Society of Legal Scholars and UCD Sutherland School of Law
William Fry Theatre, UCD Sutherland School of Law
http://www.ucd.ie/law/newsandevents/events/thecommonlawandbrexitanewfrontier/

14-15 Sept. 2017:
Ireland and UK Streetlaw Best Practice Conference, Law Society, Dublin
https://www.pila.ie/resources/bulletin/2017/07/05/ireland-and-uk-streetlaw-best-practice-conference-1415-september-dublin

15 to 30-Sep-2017:
The Fundamentals of Commercial Contracts - Law Society of Ireland CPD, Dublin
https://www.lawsociety.ie/productdetails?pid=925

25 Sept. 2017:
Irish Centre for European Law Brexit Series - Implications for frontier workers and EU Citizens in Northern Ireland post-Brexit, Law Society of Northern Ireland
http://www.icel.ie/events_currentprogramme

25-26 Sept. 2017
EU Disability Law and the UN Convention on the Rights of Persons with Disabilities, ERA, Trier
https://www.era.int

27 Sept. 2017:
Brexiting and Rights: Discussion seminar on the human rights and equality implications of the EU referendum, Transitional Justice Institute and Committee on Administration of Justice, The MAC Belfast, Metropolitan Arts Centre, 10 Exchange St, Belfast
https://caj.org.uk/news/events/

Wed. 04-Oct-2017 10:00 AM
Professional Wellbeing for a successful practice - Cork - Law Society Finuas Network, Kingsley Hotel Cork
https://www.lawsociety.ie/Professional%20Wellbeing%20for%20a%20successful%20practice%20Cork#.WRF6J_krL3j

Fri. 6 Oct. 2017:
The Brexit Impact on Criminal Justice Co-operation in Ireland - ACJRD, Dublin
http://www.acjrd.ie/contents/341

6 Oct-2017 to 10-Mar-2018
Executive Leadership Programme 2017/18, Dublin
https://www.lawsociety.ie/Executive_Leadership_Programme_2017/18#.WR7QMOsrKM8 

19-20 Oct. 2017:
The Authority of EU Law - Do We Still Believe in It? ERA, Trier
https://www.era.int

7 Nov. 2017:
The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency, Transitional Justice Institute, University of Ulster
https://www.ulster.ac.uk/ulster-life/events/transitional-justice-institute/the-interface-of-national-security-and-humanitarian-law

11 Nov. 2017:
The Constitution at 80 Conference: 80 Years of Constitutional Change, University of Limerick
http://www.ulsites.ul.ie/law/call-papers-constitution-80-conference

24-26 November 2017:
Inclusivity and Diversity in Legal Education, Annual Conference of the Irish Association of Law Teachers, Dunboyne Castle Hotel and Spa, Co. Meath
http://www.ialt.ie/event/annual-conference-2017-main-page

1 Dec. 2017:
Lords, the Law and Litigation in Early-Modern Ireland - Professor Jane Ohlmeyer - Irish Legal History Society, Belfast
http://www.ilhs.eu/?cat=5

27-29 March 2018:
Socio-Legal Studies Association Annual Conference, Bristol
http://www.slsa.ac.uk/index.php/conferences/annual-conference

10-11 April 2018:
Annual Conference, British and Irish Law Education and Technology Association, Aberdeen
http://www.bileta.ac.uk/Annual%20Conference/ 

Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Certificate in Professional Education; Certificate in Enhanced Negotiation Skills;
Certificate in Conveyancing; Certificate in Strategic Development in In-House Practice;
Certificate in Practice Development; Certificate in Advanced Negotiation;
Certificate in Pensions and Applied Trusteeship;
Certificate in Charity Law, Trusteeship and Governance;
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts;
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law; Certificate in Decision-Making Capacity and Support;
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Certificate in Pensions Law and Practice;
Certificate in Aviation Leasing and Finance;
Diploma in Healthcare Law; Diploma in Judicial Skills and Decision-Making;
Diploma in Sports Law; Diploma in Environmental and Planning Law;
Diploma in Trust & Estate Planning (STEP); Diploma in Alternative Dispute Resolution;
Diploma in Law; Diploma in Education Law;
Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills;
Diploma in Aviation Leasing and Finance; Diploma in Commercial Litigation;
Diploma in Environmental and Planning Law; Diploma in Construction Law;
Diploma in Commercial Property; Diploma in Employment Law;
Diploma in Regulatory Law and Practice; Diploma in Mediator Training;
Diploma in Legal Decision-Making Skills
LLM Advanced Legal Practice

Follow Irish Law Events on Twitter - @irishlawevents

Tuesday, March 28, 2017

Events in March 2017 and after

I have updated the listings of events here.

This is the current list:

Wed. 29 March 2017:
Making Economic, Social and Cultural Rights Meaningful, Dublin

Thu. 30-Mar-2017 06:00 PM  
Special Criminal Court for Sierra Leone: jurisprudential developments in the field of women's rights and of children's rights - Lecture - The International Law Association-Irish branch, Dublin 

Thu. 30 March 2017:
UCC Sports Law Clinic presents: Increased Regulation in Sport, Cork  

30-31 March 2017:
Separated Children in Judicial Proceedings: Recourse to European and International Mechanisms - Blackhall Place, Dublin 

Fri. 31 March 2017:
Understanding the "Right to be Forgotten" - A Workshop, School of Law, University College Cork 

Fri. 31 March 2017:
A Tale of Two Cities: the Protection of Fundamental Rights in Strasbourg and Luxembourg, School of Law Annual Distinguished Lecture, NUI Galway 

Fri. 31-Mar-2017 09:00 AM  
Spanish and Italian Property Transactions Update - The Post-Recession Position - Law Society Finuas Network Seminar, Dublin - Law Society of Ireland 

Fri. 31 March 2017:
Probate Seminar - Southern Law Association in collaboration with STEP, Cork

31 March to 2 April:
International Law and the State of Israel: Legitimacy, Exceptionalism and Responsibility, Cork 

Wed. 5 April 2017:
Irish Women Lawyers' Association and Dublin Solicitors Bar Association
present a panel event on the IWD 2017 theme of "Be Bold for Change", Dublin

Wed. 5 April 2017:
Spies, Parking Tickets, Illegal Transactions and Insider Dealing: Four Cases which Reshaped Contract Law - Inaugural Lecture by Professor James Devenney, McCann Fitzgerald Chair in  International Law and Business, UCD Sutherland School of Law, Dublin 

5-7 April 2017:
Socio-Legal Studies Association conference, Newcastle

6 April 2017:
Expert Evidence | Recent Developments in Practice & Procedure - DSBA, Dublin

6-8 April 2017:
Irish Tax Institute Annual Conference, Galway

7-8 April 2017:
The Future is Now: International Conference on eConveyancing and Title Registration, School of Law, NUI Galway 

Sat. 8 April 2017:
Mental Health Law, Capacity Law & Deprivation of Liberty - School of Law, University College Cork 

10-11 April 2017:
Association of Law Teachers' Annual Conference 2017: Foundations and Futures, Portsmouth, England

20 April 2017:
Mandatory Regulatory CPD Seminar - DSBA, Dublin

20-21 April 2017:
Annual Conference of British and Irish Law Education and Technology Association, Portugal 

Tue. 25 April 2017 2:00 PM:  
Family Law: A Review of Recent Developments - Legal Seminar - CPD Accredited, Dublin 

Wed. 26 April 2017:
Brexit Series - Implications for Irish Agriculture, ICEL, Dublin

Thu. 27 April 2017:
Environmental Principles - Between Flexibility and Opacity - 15th Annual Law and the Environment Conference, University College Cork.

Thu. 27 April 2017:
Perspectives on hidden victims: Findings of three new innovative
studies, School of Law, University of Limerick 

Fri. 28-Apr-2017 09:00 AM 17-Jun-2017 
Law Society Finuas Network Executive Leadership Programme 2017 - Law Society Finuas Network Programme - run over 3 non-adjacent weekends. Discounts available for Finuas members., Law Society, Dublin 

28-30 April 2017:
New Politics – New Law? - Burren Law School, Co. Clare 

3 May 2017:
UCD Human Rights Centre Brexit Seminar at Irish Human Rights and Equality Commission, Greene Street, Dublin 7. Email law.events@ucd.ie for details.

Fri. 05-May-2017 10:00 AM  
Midlands General Practice Update - 
Law Society Skillnet in partnership with the Laois Solicitors’ Association, Carlow Bar Association, Midland Bar Association and Kildare Bar Association - The aim and objectives of the day are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice. There will also be an opportunity to network with other practitioners., Heritage Hotel, Portlaoise 

Tue. 9 May 2017:
ICEL Data Protection and Privacy Conference, Dublin

Tue. 9 May 2017 01:00 PM:  
Practical Conveyancing: A Review of Recent Developments - Legal Seminar - CPD Accredited., Dublin 

Thu. 11-May-2017 02:00 PM 12-May-2017 
Essential Practitioner Update Parts I & II 2017 - 
Law Society Skillnet in partnership with the Leitrim, Longford, Roscommon and Sligo Bar Associations - Two day event with three attendance options. The aim and objectives of the event are to provide an opportunity for practitioners to update their knowledge in areas of law of essential relevance to most in general practice., Landmark Hotel, Carrick on Shannon 

17 May 2017:
Brexit - Fishing Rights and redrawing Irish territorial waters - ICEL 
Details to follow at http://www.icel.ie.  

Mon. 22-May-2017 01:00 PM  
Professionalism across the Professions -
Presented by Law Society Professional Training and the 3U Partnership - venue Law Society of Ireland, Blackhall Place - light lunch served at 1.00pm seminar begins at 2.00pm - Law Society of Ireland, Dublin 

4-7 June 2017:
World Congress on Family Law and Children's Rights - in partnership with School of Law, University College Cork - Venue: Convention Centre, Dublin 
Details at http://www.wcflcr2017.com   

8 to 10 June 2017:
British and Irish Association of Law Librarians Annual Conference, Manchester, England

12-16 June 2017:
Summer School on Transitional Justice 2017, University of Ulster, Jordanstown 

19-23 June 2017:
International Criminal Court Summer School - Irish Centre for Human Rights, NUI Galway

19-23 June 2017:
International Disability Law Summer School, NUI Galway


Fri. 23 June 2017:
ICEL Eversheds Sutherland Procurement Conference 2017, Dublin

28 June 2017:
Brexit - WTO option as the basis for UK/EU trade - ICEL
Details to follow at http://www.icel.ie

9 August 2017:
The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency - Transitional Justice Institute, University of Ulster

5-8 September 2017: 
Society of Legal Scholars Annual Conference, Dublin, - UCD Law School 


Law Society Diploma and Certificate courses:  

Details at http://www.lawsociety.ie/Courses--Events/Public-Diplomas-CMS/

Certificate in Professional Education; Diploma in Alternative Dispute Resolution;
Certificate in Conveyancing; Diploma in Law; Diploma in Education Law;
Diploma in Healthcare Law; Diploma in Judicial Skills and Decision-Making;
Certificate in Pensions Law and Practice; Diploma in Sports Law;
Diploma in Trust & Estate Planning (STEP);
Certificate in Practice Development; Certificate in Decision-Making Capacity and Support
Diploma in Arbitration; Diploma in Finance Law; Diploma in Corporate Law and Governance
Diploma in Mediation; Diploma in Technology Law; Diploma in In-House Practice
Diploma in Litigation Management Skills (new); Certificate in Aviation Leasing and Finance
Certificate in Advanced Negotiation; Certificate in Charity Law, Trusteeship and Governance
Certificate in Employment Law Advocacy Skills; Certificate in Commercial Contracts
Certificate in Company Secretarial Law and Practice; Certificate in Trade Mark Law; Diploma in Aviation Leasing and Finance
Diploma in Commercial Property; Diploma in Employment Law
Certificate in Data Protection Practice; Certificate in Environmental and Planning Law
Certificate in Human Rights Law; Diploma in Legal Decision-Making Skills

Follow Irish Law Events on Twitter - @irishlawevents

Tuesday, March 14, 2017

Áine Hynes: The Assisted Decision-Making (Capacity) Act 2015 – What to Expect in Practice

Áine Hynes  -  Casey Photography 
This a summary of the presentation by Áine Hynes to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –
http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml


Ms Áine Hynes is a Partner in St. John Solicitors, Dublin.  the title of her presentation was ‘The Assisted Decision-Making (Capacity) Act 2015 – What to Expect in Practice’. 

Ms Hynes was very positive about the Act and stated that she would not be surprised if the Act was commenced before the end of this year. Ms Hynes was of the view that there is no need to panic and that there is a very clear legal structure set out in the Act.

Ms Hynes outlined some of the more significant legal changes that the Act will introduce such as the abolition of the Ward of Court system, changes to the Powers of Attorney, advance healthcare directives and the role that the Director of the Decision Support Services will have when that person is appointed and the legislation is commenced.

Áine Hynes’ slides:
http://www.ucc.ie/law/docs/mentalhealth/conferences/13.00-Aine-Hynes.pdf

[Photos by Casey Photography]

Monday, March 13, 2017

Alan Corkery: A Psychiatrist’s Perspective on the Assisted Decision-Making (Capacity) Act 2015 - Unanswered Questions

This a summary of the presentation by Alan Corkery to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –
http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml


Dr Alan Corkery is a Consultant Psychiatrist in Rehabilitation Psychiatry, North Cork Mental Health Services.  The title of his presentation was ‘A Psychiatrist’s Perspective on the Assisted Decision-Making (Capacity) Act 2015: Unanswered Questions’.

Dr Corkery spoke about the 2015 Act from the perspective of a psychiatrist. Dr Corkery stated that there are only a handful of what he referred to as historical Wards of Court in Ireland at present, all of which must be reviewed within 3 years of the legislation coming into operation. Dr Corkery was of the view that there are a lot of wards out there that have never been subject to a formal review and that it remains to be seen how many of those wards are out there that are subject to de facto wardship.
Dr Corkery also raised the issue of costs and how they can be contained. He was of the view that the Act is not clear on legal aid provisions for those who will be subject to court procedures.

Alan Corkery’s Slides:
http://www.ucc.ie/law/docs/mentalhealth/conferences/12.30-Alan-Corkery.pdf

[Photos by Casey Photography]

Sunday, March 12, 2017

Louise Loughlin: Perspective on Capacity Issues from the National Advocacy Service

Louise Loughlin - Casey Photography 
This a summary of the presentation by Louise Loughlin to the Legal Capacity Conference 2016 at University College Cork. The summary was written by Joanna Ralston.

More information on the Legal Capacity Conference - http://imhla.ie/events/.

Slides and videos from the conference –

http://www.ucc.ie/law/docs/mentalhealth/conferences/capacity-2016.shtml

Louise Loughlin is National Manager at the National Advocacy Service for People with Disabilities.  The title of her presentation was ‘Perspective on Capacity Issues from the National Advocacy Service’.
Ms Loughlin spoke about how the individual can get lost in the process. Ms Loughlin was of the view that Ireland requires a cultural shift towards supporting decision-making and that there may in certain circumstances be a role for advocacy services to operate as decision-making assistants. Ms Loughlin raised the important point as to who is going to ensure that the voice of the individual is actually heard?

Louise Loughlin’s Slides:  
http://www.ucc.ie/law/docs/mentalhealth/conferences/11.30-Louise-Loughlin.pdf

Video of Louise Loughlin’s Presentation

[Photos by Casey Photography]