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Ni N Ovember/December 2005 N Ovember/December 2005 Journal of the Lsni 1 theWrit J OURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND I SSUE 169 NOVEMBER/DECEMBER 2005 Looking to the Future The new Law Society President 2 3 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI News in Brief Rory McShane - Law Society President 2005/2006 NEW LABOUR RELATIONS The report is published by the Central WOMEN ARE BETTER and 15 support staff and he himself was served on a number of Society AGENCY GUIDANCE Appointments Unit of the Office of the ORGANISED THAN MEN admitted as a solicitor in the Republic of Committees to include General Purposes First Minister and Deputy First Minister. Ireland in June 1992. & Finance, Professional Indemnity & Risk The Labour Relations Agency (LRA) A new survey for Driver Vehicle Licensing It is available on the internet at www. Management and Policy Co-ordinating. has published on its website sample Northern Ireland has found women are ofmdfmni.gov.uk/public-appointments When asked how he had managed to Most recently he has been Chair of the letters and six easy to follow flow charts better organised than men. establish himself almost as soon as he Client Complaints Committee. to guide employers and employees had qualified, he said that he did have through the disciplinary and grievance The DVLNI survey asked if motorists were TAX INVESTIGATIONS the advantage of being well known He has also rendered public service in process contained in the LRA’s Code aware of the new registration document through being to the forefront of the civil Northern Ireland through his membership of Practice on disciplinary and HMRC has issued a new Code of and how people look after such important rights movement. At the time, many of of the Sports Council for Northern grievance procedures. Practice dealing with civil investigations papers. The new V5C registration his contemporaries thought he was well Ireland and the Consumer Council. In into cases of suspected serious document replaced the old green positioned for a political career. Being 2002 he served as President of Queen’s To download go to www.lra.org.uk fraud. The terms of this new Code are registration book in July 2005. known was undoubtedly of assistance, University Graduates Association. He and go to “Publications” and click on significantly different from the old one. Results confirm what women have always but it is also clear that in setting up his has also served on the Law Reform “Discipline and Grievance.....” claimed: that they are better at filing firm, he put sound business principles at Advisory Committee for Northern Ireland. The new arrangements apply in all important household papers and are the heart of his business activity. such investigations starting after 1st more likely to take on the responsibility Rory is a great sports fan. His leisure PRISONER VOTING BAN September 2005. The new Code has for this themselves rather than relying on Rory sought out markets for his services, activities include golf – he plays off 12. BREACHES ECHR been prompted partly by the merger their partner to do this for them. Rory McShane avidly reading the newspapers for leads He is a past captain of Warrenpoint Golf of the Inland Revenue and Customs & Law Society President 2005/2006 The European Court of Human Rights and ideas. “I was lucky,” he reflected. Club, Captain of his Club’s All Ireland Excise into HMRC. The V5C document is vital because it has ruled that the UK’s automatic “At the time there were few solicitors in winning Senior Cup (1987 and 1990) proves that motorists are the registered restriction on prisoners who wish to vote Rory McShane assumes the presidency A copy of the Code can be found at: keeper of their vehicles. More importantly, in elections is in breach of Protocol 1 of of the Society at a crucial time in its www.hmrc.gov.uk/leaflets/cop9-2005. if they sell the vehicle and if they cannot “ To my mind it is absolutely essential for the modern solicitor’s Article 3 of the Convention. history, at the onset of what will be a htm send the document to DVLNI, they will practice to be run along business lines but in a way which considerable period of change for the remain liable for taxing the car. Obtaining a By a majority of 12 to 5, the judges profession in Northern Ireland. Too often upholds highest professional and ethical standards.” replacement copy will cost motorists £19. held that the ban across all prisoners such phrases are trotted out as a clichéd NORTHERN IRELAND ANNUAL “irrespective of the length of their pleasantry to give the new office-bearer Newry doing criminal defence work and and Barton Shield (1987) teams. He ABSTRACT OF STATISTICS 2005 sentence and irrespective of the nature a boost, but in this instance the year also pursuing civil litigation vigorously. I is a fanatical supporter of Manchester PHYSICAL PUNISHMENT or gravity of their offence was general, The 2005 edition of the Northern ahead amply justifies this description. directed myself to those areas.” He has United and also watches Rugby and OF CHILDREN automatic and indiscriminate” and went Ireland Annual Abstract of Statistics The oncoming review of legal services in acted as Solicitor to Newry & Mourne Gaelic football. When Armagh won the against the Convention. has been compiled and produced by Children in Northern Ireland will soon be Northern Ireland by Sir George Bain is District Council for many years. His All Ireland in 2002, joy knew no bounds. the Northern Ireland Statistics and entitled to the same protection under illustration enough. main areas of legal work today are civil “The only sport I play nowadays is The government has accepted that legal Research Agency (NISRA). law as their counterparts in England litigation and commercial property. golf,” he says. “I have been fortunate changes will have to be made to comply The Annual Abstract is a compendium and Wales. Rory McShane was born and brought enough to have played top-class United with the terms of the judgement. publication that brings together a up in South Armagh. He was educated He believes in-service training is very States courses, such as Cypress Point, wide range of recently issued data Following a review of the law on the at Abbey CBS Grammar School, Newry important. His firm was the first in Ireland Pine Valley, Riviera, Pebble Beach from across the public sector. It is the physical punishment of children in the and at Queen’s University Belfast, where to gain ISO accreditation and the first and Brookline where the Ryder Cup ANNUAL REPORT ON PUBLIC only statistical publication to offer this home, the Secretary of State has decided he took an arts degree followed by a to have Lexcel accreditation in Northern took place.” Needless to say he has APPOINTMENTS PUBLISHED detailed overview of the key areas of that Section 58 of the Children Act 2004 post graduate diploma in social studies. Ireland. One of the themes of his year in also played every significant course in regional administration in Northern He qualified as a solicitor in June 1973 The Ninth Annual Report on Public should apply in Northern Ireland. office will be emphasising the importance Scotland and Ireland. Ireland and includes sections focusing having been an apprentice in the Newry Appointments in Northern Ireland of CPD training and adherence to the on health, education, industry and firm of Collins and Collins. has been published. The Report is Section 58, which came into operation professional management of business. Rory is married to Angela, a graduate the environment. in two volumes. Volume 1 provides in England and Wales in January of of Trinity College Dublin and a teacher Rory was able to do something which information on the public appointments this year, updates the law on physical Rory adds, “To my mind it is absolutely by profession. They have three children, The Annual Abstract is available on-line is not now possible – he achieved his process and reports on progress punishment of children by making it essential for the modern solicitor’s Michael aged 22, Aoife aged 20 and at www.nisra.gov.uk practising certificate in June and set up during 2004/2005. Volume 2 lists an offence to hit a child if it results in practice to be run along business lines Fiona aged 16. his own practice in the following month. those individuals who held public lasting harm or marks. This restricts a but in a way which upholds highest McShane and Company, Solicitors, is appointments in Northern Ireland at parent’s defence in law of ‘reasonable professional and ethical standards.” Rory welcomes the opportunity to serve now a well known and well established 31 March 2005 and the bodies on chastisement’ to the charge of as President at a time of change and business with offices in both Newry and which they served. common assault. Rory joined the Council of the Law challenge for the legal profession in Kilkeel. His firm now has seven lawyers Society in 1998. Since then he has Northern Ireland. 4 5 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI New guidance on discussions between judges and Proposed reform of liquor licensing laws advocates as to possible sentence The Northern Ireland Court of Appeal time as he considers it appropriate 8 If a defendant is given a sentencing The Department for Social Development system for breaches of the legislation are how they will maintain standards in line has recently issued Guidelines dealing to do so.
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