Eduard Vlad Vlas talks about Romania’s 2017 graft debacle

INSIDE THIS ISSUE

Career in the Bar: Ciarán Toland SC speaks to Aisling Marren and Orla Murnaghan about the bar, the EU and Brexit

A Semester in Atlanta, Georgia: Caoimhe Daly shares her Erasmus stories from Emory University

Social Section: Nadine Fitzpatrick brings us up to date with all of the events that took place this semester

The Eagle Gazette Volume 4 Issue 1 · 1 Foreword With each passing year we endeavour to improve Of course none of this would be possible without upon our publication, making it bigger and better. support from the Law School, especially Dr. David Now, in its fourth year, it can be difficult to decide Fennelly, Dr. Neville Cox and Dr. Oran Doyle. Also what more can be improved on. At the beginning a huge thank you to our very kind sponsors, Philip of the semester, we decided to focus on two things, Lee Solicitors, Arthur Cox and McCann Fitzgerald, creating a website and reaching out to alumni. I am without whom The Eagle would not be possible. glad to report that we have been successful in both Without further ado, welcome to Volume 4 Issue 1 of of these endeavours. The Eagle: Trinity Law Gazette! First, we have managed to launch our own website, regularly updating it with current content. Suzanne Flynn, our P.R.O., has been instrumental in this, as well as everyone else who has contributed to it. It is our hope that it will continue growing throughout the years. Regarding our second goal, The Eagle will be sent in the alumni newsletter. We believe that the sense of community cultivated in Trinity and in our Law School is something that does not end when we complete our degrees. To date, the robust social section has illustrated that not only are we a NINA MILOSAVLJEVIC community, but that there is something for everyone here.

Editor-in-Chief Contents Nina Milosavljevic Romania: the 2017 graft debacle and since 03 Deputy Editor Fake News, Clickbait and Diarmuid O’hUallachain The Law of Defamation in Ireland 04 The EU’s Response to Catalonia: Editorial Board Why the Silence? 06 Eoin Hennessy #IrishWeinstein: Hristina Ignatova Beth Devlin The Compensation Seeker’s Dream 08 Oisin McGrath Deus Ex Machina: Kate Lenihan Technocracy 10 Aisling Marren Alumni Catch-Up: Mary Murphy Mr. Ciarán Toland SC 12 Suzanne Flynn Erasmus Update: Avril Holton Studying in Atlanta, Georgia 14 Jack Counihan Nadine Fitzpatrick The Social Section 14 Peter Kelly Orla Murnaghan All the opinions expressed are that of the Photographer authors and not of The Eagle. Alexander Brüggener

Designer Sulla Montes

2 · The Eagle Gazette Volume 4 Issue 1 Romania: the 2017 graft debacle and since On January 17th, Florin Iordache spoke of Romania’s prison overcrowding problem (150% occupancy rate) and the methods by which it may EDUARD VLAD VLAS be resolved. Iordache explicitly stated that a law JS LAW on amnesty should not be considered but pardon should and added that the pardon would not benefit those in prison for corruption or violent On the 11th of December 2016, the Social Democratic offences. Considering his flirtation with the idea Party (PSD), dogged by years of corruption scandals, of an amnesty law in prior weeks, this stance was received a 46% majority in the Romanian legislative greeted with enthusiasm. The next day, Emergency election. Soon thereafter, PSD party member Sorin Ordinance 13/2017 was published. The ordinance Grindeanu was designated as Prime Minister of included the pardons that Iordache had advocated Romania. Grindeanu was widely seen as a stand-in the previous day and a change to the Penal Code. for party leader Liviu Dragnea who was ineligible for The pardons were uncontroversial and widely the post himself due to a voting-fraud conviction. accepted. The Penal Code amendment was not. The On January 4th 2017, Grindeanu assumed office change decriminalised graft in cases where the sum and the 126th Government of Romania was formed. of money was less than 200,000 RON (approximately Many commentators noted that much of the new €44,000); it would also apply retrospectively and thus cabinet consisted of politicians mired by corruption release dozens of corrupt politicians from prison. allegations. Among them, new Minister of Justice Liviu Dragnea was on trial at the time Emergency Florin Iordache. Just three years prior, Iordache was Ordinance 13 was publicised; unsurprisingly, his associated with ‘Black Tuesday’: the Social Liberal trial would have been put to an end by the new law. Union’s (USL) attempt to pass an amnesty law that It is estimated that 4,000 protesters in Bucharest would have released from prison, among others, marched from University Square to Victory politicians convicted of graft. Square on the date Ordinance 13 was publicised. On the 22nd of January, President Klaus Iohannis On his first day as Minister of Justice, Iordache joined 30,000 protesters in Bucharest. The protests commented that although amnesty laws were not continued and on the 29th of January hit numbers supported during the electoral campaign, it would be not seen since 1989. Despite the clear dissatisfaction favourable to discuss them in Parliament. Iordache’s of its people and international condemnation, the comments were received with widespread hostility Romanian government enacted Ordinance 13 on the and were denounced by Romanian President Klaus 31st of January. Iohannis, who said he would vigorously oppose the enactment of such laws. Iohannis also drew attention At this point, the EU found it necessary to warn to the new Government’s questionable composition. Romania against backtracking on its promise to fight Less than a week after the President’s criticisms, corruption. One commentator compared Romania’s Iordache made a case to the European Union boldness in resisting the EU’s desires to that of that Romania’s Mechanism for Cooperation and Poland, dubbing the Government ‘cocky leftists’. Verification (CVM) should be lifted. In response, European Commissioner Paraskevi Michou said this would not happen in 2017. Romania has been monitored under the CVM since it’s accession to the EU in 2007 with regard to judicial transparency, accountability, and governmental corruption. ‘In Romania we have a working rule of law and enough guarantees that a mechanism of cooperation and verification is not necessary.’ – Florin Iordache, 12.01.2017 The events of the subsequent three weeks resulted in the largest protests the country has seen since the 1989 Revolution. The Eagle Gazette Volume 4 Issue 1 · 3 The Romanian People responded by protesting for route for PSD to release political allies from prison. thirteen consecutive days between January 31st and Others worry crime rates will rise as no mechanism February 12th. The protests continued even after for the reintegration of those released early exists. Ordinance 13 was repealed on the 5th of February. Despite a turbulent year, there are many positive The same day, the largest protests in the country’s signs. Romania’s GDP has grown by 8.8%, the fastest history took place: an estimated 500,000 – 600,000 rate in Europe, and unemployment is at 5.4%, lower people took to the streets nationwide. Their message than the EU average. Many put these improving was different now: ‘resign’ not ‘repeal’. economic conditions down to PSD’s policies: Since On February 9th, Florin Iordache resigned as 2015, they have cut VAT from 24% to 19%, doubled Minister for Justice but remains an MP. Sorin the minimum wage, and increased public sector Grindeanu refused to do the same but was ousted in wages. The country still looks on track to join the a PSD no confidence vote in June; many members Schengen Area and have its CVM lifted before it apparently unhappy he hadn’t done more to relax assumes presidency of the EU Council in 2019. anti-corruption laws. Prior to Grindeanu’s ousting, The National Anticorruption Directorate (DNA) the Romanian Parliament rejected a toned-down continues to work diligently; Chief Prosecutor Laura pardon bill that excluded provisions on corruption. Kövesi has attracted much praise as a fierce opponent Since, severe steps have been taken to reduce the of corruption. On the 13th of November, following overcrowding of prisons. Law 169/2017 was enacted two investigations by the European Anti-Fraud on October 19th and reduces sentences by 12 days Office (OLAF), the DNA indicted Liviu Dragnea for every 60 days spent in inappropriate conditions. on charges of embezzling €21m worth of European The first group of prisoners released totalled 529; Union funds. thousands are expected to follow. As of November If Romania continues to progress in fighting 13th, the figure stood at 650. This radical measure corruption, a stable political and legal environment applies to all prisoners; previous proposals had may be just around the corner. Such an environment, excluded the corrupt and violent offenders. Some in tandem with a quickly improving economy, may Romanians still think the new law is just another finally see the country flourish.

Fake News, Clickbait and The Law of Defamation in Ireland

ROSE LATTIMORE of law is primarily governed by the Defamation Act of SF LAW 2009 which classifies defamation as “the publication, by any means, of a defamatory statement concerning a person to one or more than one person without lawful justification”. If someone believes that they According to Google Trends, the use of the phrase have been a victim of defamation, or indeed fake “fake news” has increased exponentially since the news, they have the right to take a civil case to the inauguration of the 45th President of the United Irish courts in order to seek restitution. This may States, Donald Trump. The concept of fake news, seem like a retrospective action, which would do or yellow journalism as it is known in the industry, little to deter the publication of fake news. This could is no new phenomenon. The legal infrastructure be the case were it not for the fact that in Ireland, of Ireland has long recognised the issue of the defamation cases are heard in front of a jury. deliberate spreading of misinformation under the The fact that juries hear defamation cases has a huge guise of authenticity and has, to varying levels of implication on the prevention of the publication success, prevented its publication and proliferation. of fake news. As it is juries rather than judges who There are many juxtaposing opinions regarding what decide the damages in these cases, astronomical exactly constitutes fake news. However, there is a sums of money are often awarded to the victims general consensus that a level of malice is required; of defamation. Judges operate with constraint, but that the author knew the information to be false or juries do not hold the same concerns. The Supreme misleading and published it anyway. In Irish law, this Court does have the power to set aside the damages is encompassed by the tort of Defamation. This area awarded by a High Court jury under Section 13 of 4 · The Eagle Gazette Volume 4 Issue 1 reasonable reader reads the entire article, not just the headline. While this may have been accurate with traditional print media it is certainly not the case now and this discrepancy between the law and the reality of the modern day creates an environment in which clickbait and fake news can spread. It is unquestionable that Ireland’s legal regime in the context of defamation puts more emphasis on the right to a good name and the right to privacy than the right to freedom of speech. While the legal infrastructure does a lot to deter the publication and proliferation of fake news, it cannot be said to prevent it completely. The law of defamation will only protect those who are identifiable by the publication, and in many instances of fake news this the Defamation Act 2009, but in practice this rarely does not occur. False and malicious articles can be happens. The awarding of high damages is permitted used to attack and discredit a large classification of as it proves the statement’s falsity to the general public people, a political movement, or an ideology. There and it also vindicates the victim’s constitutional right is no chance of a successful defamation lawsuit where to a good name. Most awards in defamation cases there is not an easily identifiable, injured party and are in excess of €50,000. This is perhaps the biggest this legal requirement can often lead to the further deterrent to the publication of fake news in Ireland. propagation of fake news.

While the legal framework surrounding defamation “ does a lot to deter the publication of fake news, It is unquestionable that Ireland’s legal it does not completely halt its proliferation. As regime in the context of defamation puts previously mentioned, defamation law will serve more emphasis on the right to a good name to rectify wrongs that have already occurred rather and the right to privacy than the right to than preventing the spreading of fake news. Irish freedom of speech. courts are loathe to grant injunctions where damages are equally, or more, appropriate. It is much easier to receive compensation for a wrong that you have Whether the complete prohibition of fake news is suffered than to obtain a court order to prevent the even desirable is debatable. The ease at which we wrong from happening in the first place. Thus, one can research and access information makes it simple cannot say that the Irish law completely prevents the to fact-check for ourselves. A simple Google search publication of fake news. will corroborate or disprove any questionable story. A complete prevention of fake news could impeach The inertia of the law in the face of rapid technological on borderline areas of journalism such as satirical evolution is another reason for the rise of fake news political commentary and fictional columns. in Ireland. The existing law on media and defamation predominantly deals with print media. In reality, we It appears that fake news is here to stay and that it will know that the vast majority of contemporary media become the duty of the reader to further investigate is consumed via digital sources. This has resulted in and not to take every post on the internet as fact. a phenomenon known as “clickbaiting” whereby a This results in a number of complex but interesting media source purposefully uses an overdramatised potential developments in Irish defamation law. headline or title in order to entice people to open How much research should the “reasonable reader” the full article. Clickbaiting and fake news go hand undertake before believing a defamatory article? in hand, although they are not synonymous. It is Would the “reasonable reader” ever fall victim to possible to have an entirely factual and ethical article news outlets such as Waterford Whispers or The with a clickbait title. However, it is also possible Onion? How could a news outlet ensure that a for people to only read the title rather than the full court-ordered apology reached the same level of article and as a result false information is being engagement as a defamatory post that went viral spread and accepted as truth. There have been a unexpectedly? With the ever-increasing influence of number of viral internet hoaxes which demonstrate online media, it is clear that the defamation law of this. Under defamation law it is presumed that the Ireland is in dire need of review.

The Eagle Gazette Volume 4 Issue 1 · 5 At Arthur At ArthurCoxAt Arthur we Coxare Cox looking we weare arelooking for looking for for ambitiousambitious ambitiousthinkers thinkers who thinkers want At who Arthur whoto want be want Cox to be weto be are looking for challengedchallengedchallenged from the from start. from theambitious Our the start. start. Our thinkers Our who want to be traineestrainees aretrainees the futureare arethe theof future thechallenged future firm of the of the firmfrom firm the start. Our and ourand Traineeand our our Trainee Development Trainee Developmenttrainees Development are the future of the firm ProgrammeProgrammeProgramme is completely is completely is completelyand dedicated our Traineededicated dedicated Development to your toprofessional yourto your professional professionalProgramme is completely dedicated trainingtraining andtraining development. and and development. development.to your professional training and development. To find Toout findTo more find out about out more more our about about our our SummerSummer InternSummer Programme Intern Intern ProgrammeTo Programme findand out and more and about our TraineeTrainee DevelopmentTrainee Development Development Programme,Summer Programme, Programme, Intern Programme and visit www.arthurcox.com/trainee.visitvisit www.arthurcox.com/trainee. www.arthurcox.com/trainee.Trainee Development Programme, visit www.arthurcox.com/trainee.

To learn more,To learnTo contalearn more, cmore,t: conta contact: ct: To learn more, contact: Ruth PollarRuthdRuth Pollar Pollard d Trainee DevelopmentTraineeTrainee Development Development ProgrammeRuth Programme ManagerProgramme Pollard Manager Manager [email protected]@[email protected] Developmentm m Programme Manager [email protected]

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The EU’s Response to Catalonia: Why the Silence?

WILF KING SS LAW

On the 1st October, the world watched as Spanish police violently shut down polling stations and protests across Catalonia. Various NGOs such as Human Rights Watch and Amnesty International condemned the “excessive force” used during the referendum vote. Politicians around the world called for dialogue. Yet the European Union, a community built on so-called values of liberal democracy, the protection of fundamental rights and the rule of law, remained startlingly quiet. The European Commission, the executive arm and the most powerful institution of the EU released a also expressed concerns about the use of violence short 162-word press statement in which it stressed and called for calm. Yet on the whole, there was a that the referendum vote had not been legal under remarkable lack of condemnation and criticism the Spanish Constitution and repeated that this from any of the EU institutions. Many critics pointed was an internal matter for Spain. Several MEPs out that had this been in one of the many states 6 · The Eagle Gazette Volume 4 Issue 1 trying to enter the EU, such as those in the Balkans With Spain and many other European countries or Turkey, there would have been universal outcry only beginning to recover from the 2008 recession, from Brussels. Others noted that the Spanish PM it would be undesirable for the EU to encourage Mariano Rajoy’s Popular Party is part of the ruling any movements which might affect economic coalition in the European Parliament with Angela growth and stability. Since the start of October, Merkel and European Commission President Jean- more than 2,400 companies have moved their legal Claude Juncker also part of this bloc, making direct headquarters from Catalonia. This is partly due to criticism politically undesirable. the fact that if Catalonia were to secede from Spain, they would automatically leave the EU and have to A Spanish Internal Matter re-apply for membership. This is a result of the so- As stated already, the European Commission and called Prodi doctrine, although not laid down in the Mr. Juncker have repeatedly stated that this is a treaties, it has been followed by the Commission Spanish internal matter and not one for the EU to since 2004 and would be a significant headache get involved in. This may seem politically convenient for Catalan leaders. Even then, accession requires (and it is) but as Natalie Nougayrède pointed out in unanimity from the EU bloc and thus Spain could a recent Guardian article, there appears to be some effectively veto any proposal. So what can be done truth behind this statement. Article 4.2 of the Treaty by the EU to avoid this scenario? of the European Union (part of the Lisbon Treaty) states that: The Long and Winding Path to Catalonia “the Union shall respect the […] Member States’ […] First, dialogue must be opened and it must be national identities, inherent in their fundamental transparent. The crisis has escalated thus far due structures, political and constitutional, inclusive of to neither side backing down. The EU should, and regional and local self-government. It shall respect hopefully, will play a part in this process. It remains their essential State functions, including ensuring to be seen whether or not the Catalan separatists the territorial integrity of the State, maintaining law would accept the mediation of the European and order and safeguarding national security.” Commission but an offer should at the very least be put forward. Police violence and political prisoners It is clear from this article that it is illegal for the will only heighten tensions and could lead to tragic EU to interfere in Spain’s internal matters. The consequences. EU has always sought to maintain the difficult balance between sovereignty and the protection of If Catalonia is to secede and wishes to become part fundamental rights. It was thus highly ironic when of the EU, it must do so through a constitutionally prominent EU critic and pro-sovereignty MEP Nigel valid referendum. At present, there is no mechanism Farage lambasted the EU and Mr. Juncker for failing for this in the Spanish Constitution. Constitutional to intervene. Likewise, it is politically convenient for reform requires a national referendum and thus the EU to not be drawn into this high stakes situation. the decision lies with the Spanish people and their Thus they chose to avoid making any sweeping elected representatives. This process will obviously decisions which could further raise tensions. But take longer but if Catalonia wants to be recognised should they have given the Spanish government such internationally, it must achieve its independence freedom to act? in a democratically legitimate way. Until this constitutionally valid referendum, the EU should Much of the criticism aimed at the Spanish remain neutral and encourage Catalonia to adhere government has fixated on the fact that they denied to the Spanish Constitution. the Catalan people a right to vote. This may be so but one cannot argue with the fact that Carlos With regional elections to be held on December Puidgemont and his Catalan government flagrantly 21st, we are reaching the tipping point for Catalan broke Spanish Constitutional law and disobeyed independence. Defeat in those elections could the Spanish Supreme Court by holding an illegal sound the death knell for the separatists and their referendum. This left the EU in a difficult position. cause but victory could escalate the crisis even While the EU seeks to promote democracy and further. Throughout the next few months the EU fundamental rights including the right to vote, should look to act upon those core values that it is many EU politicians are wary of encouraging founded on: other separatist regions around Europe such as the “Respect for human dignity, freedom, democracy, Lombards and Venetians in Italy, the Flemish in equality, the rule of law and respect for human rights, Belgium and the Scots. including the rights of persons belonging to minorities.”

The Eagle Gazette Volume 4 Issue 1 · 7 SHARP MINDS PRECISE RESPONSES

From our trainees to our partners, we place a premium not just on legal knowledge but on the ability to push, prod and provoke.

7/8 Wilton Terrace, Dublin 2, Ireland T: +353 (0)1 237 3700 F: +353 (0)1 678 7794 Get in touch [email protected] philiplee.ie

Nicola McKenna, HR Manager [email protected]

#IrishWeinstein: The Compensation Seeker’s Dream The recent allegations against Harvey Weinstein were more than the catalyst in exposing the sexual assault GREGORY MURPHY culture in Hollywood. It also affected the foundations JS LAW of the entertainment industry worldwide. Within days sexual assault allegations began to fly across the globe throughout various social media platforms. Sexual assault by powerful individuals is nothing These allegations manifested in Ireland with the new for those of us who haven’t lived under a rock hashtag ‘IrishWeinstein’. Ciara Kelly, a well-regarded in Ireland for the last twenty years. The unveiling of Newstalk presenter, may have unwittingly provided these crimes decades after the incident in question a platform for intensely defamatory statements to is nothing new either. However, the recent spate be made when she asked her Twitter followers if of allegations against high-profile perpetrators on they knew who the #IrishWeinstein was, and if so, social media, is new. Facebook and Twitter appear to contact her. Hundreds of Twitter users flocked to have become the go to place to now expose sexual to answer her request and openly contemplated the abusers. This has brought with it numerous benefits identity of a figure in the Irish entertainment industry including an overdue worldwide discussion on the who allegedly had a 40-year history of sexual abuse abuse of power and the importance of consent- but it of women. This Twitter feed saw many high-profile has also raised a lot of issues. Arguably most serious names being published beside hashtags such as among them is that an accusation of sexual assault ‘rapist’ and ‘IrishWeinstein.’ Such a statement could against an innocent person destroys their reputation run the risk of breaching the Constitutional right to and good name. In other words, it is a defamatory a good name under Article 40.3.2°, and is possibly statement. defamatory under the Defamation Act 2009. 8 · The Eagle Gazette Volume 4 Issue 1 Section 6(2) of the 2009 Act defines defamation The Newsgroup Newspapers Limited. This case as ‘the publication, by any means, of a defamatory concerned the publication of a defamatory article statement concerning a person to one or more alleging Walsh sexually assaulted a man in a Dublin than one [other] person.’ There is a widespread nightclub toilet. The newspaper’s defence was that misconception that expressing one’s views via the article was published in the public interest, and SHARP social media is not akin to saying them out loud was fair and reasonable. Recent publishers of the or publishing them in a newspaper, and therefore names of alleged sexual abusers have also said their MINDS defamation through social media is not possible. publications are in the public interest as it encourages This is explicitly contradicted in Section 2 of the more victims of sexual assault to come forward and 2009 Act which states that a ‘defamatory statement’ expose their assailants. While this may be true, such PRECISE includes a statement ‘published on the internet’. publications run the risk of ruining the good name, In the era of Trump, it is perceived that one can say reputation, and potential livelihood of innocent RESPONSES and do as they please on social media with no fear people accused of such a despicable crime. The of legal consequence. Individuals making allegations Latin maxim, ‘Ei incumbit probatio qui dicit, non From our trainees to our partners, need to remember the 2009 Act and the ramifications qui negat,’ presumes innocence until proven guilty, we place a premium not just on legal of making fallacious statements. Defamation is hard and the age of mob rule has been long extinguished. knowledge but on the ability to push, prod to defend, and is treated with the utmost seriousness Social media should not be allowed to reignite it. and provoke. under Irish law as seen in the history costly damages The question must be asked: what will happen to awarded to defamed parties in recent years, rising to social media users who have made defamatory as much as €10 million in 2010. statements? One would hope they will be brought to 7/8 Wilton Terrace, Dublin 2, Ireland court and ordered to issue a recantation. In this case, T: +353 (0)1 237 3700 F: +353 (0)1 678 7794 In 2015, Twitter was ordered in the High Court Get in touch [email protected] philiplee.ie by Mac Eocaidh J to disclose the identity of an the recantation of the mistaken allegation ought to anonymous Twitter user who had published a be given the same exposure as the original statement. Nicola McKenna, HR Manager Nobody can deny that sexual assault is a heinous [email protected] defamatory tweet about a whistleblower during an RTE ‘Primetime Investigates’ programme. Twitter crime which can affect victims for the rest of their complied with the court’s request and defamation lives. However, social media is not the right platform actions were brought against this Twitter user. The to fight it. Article 11 of the Universal Declaration of idea that social media provides immunity to the law Human Rights states that “everyone charged with a of defamation is erroneous, and has been clearly penal offence has the right to be presumed innocent contradicted in judicial decisions. until proved guilty according to law in a public trial at which he has had all the guarantees necessary for Defamatory statements regarding sexual assault his defence”. Sexual assault is a crime and thus the have rightly been treated with special care, as seen correct step is to inform the suitable authorities; in in 2012, when X Factor judge and Irish celebrity, Ireland, this is the Gardaí… not Mark Zuckerburg. Louis Walsh, was awarded €500,000 in Walsh v

The Eagle Gazette Volume 4 Issue 1 · 9 DEUS EX MACHINA Technocracy: A Case Study

ORLA MURNAGHAN JF LAW AND POLITICS

Science. Politics. Two polar opposites- one steeped methods upgraded the stagnant agrarian state, in unequivocal facts and grounded on empirical moulding it into an industrial powerhouse with such data, the other a myriad of varying opinions. Their overwhelmingly zealous prowess they made even external appearances are so starkly dissimilar that America quiver in apprehension. we often forget that the two words have a clear point Disillusioned by the Great Depression in the of convergence, where they inevitably overlap and thirties, “engineer” Howard Scott spearheaded intersect to produce a hybrid theory: technocracy. the technocratic movement in America. Founded While an infant in comparison to the antique in 1932, Technocracy Inc. aimed to rectify the democracy, technocracy’s origins can be traced wrongdoings of capitalism by preventing a wasteful back to the writings of Henri de Saint-Simon in and imbalanced economy. The cluster of scientists the nineteenth century. Though not well-known proposed replacing money with energy certificates to the average citizen, the concept is very simple: in metric units like joules, distributing said energy technocracy is, according to Merriam-Webster, equally among the population, and creating full “the management of society by technical experts.” employment. “The educated” would , of course, be in “Technical” in this context refers to highly-educated charge. The alternative movement quickly attracted individuals in scientific and engineering fields. many a disgruntled American, and at its apex, However, today this archetype has been somewhat boasted half a million members in California alone, loosened and unravelled to encompass lawyers, even sporting their own “uniform” and saluting economists, statisticians and even businessmen. Scott. However, the movement never fully flourished, Thousands of years ago, Plato, original critic of the collapsing dramatically after Scott was revealed to be Ecclesia, proposed an alternative form of rulership a failed wax salesman. This was twinned with the to Athenian democracy: the “philosopher kings”. movement’s unnerving proclivity towards fascism. The Guardians were the perfect candidates to guide Arguably the most important factor was the nation’s the masses with their learned wisdom. Yet his pupil smooth transition back to normality, with the end of Aristotle responded with the infamous question, the Great Depression and capitalism reclaiming its “Who will guard the Guardians?” dominance. People returned to the old reliable. The resurgence of its rival theory ensured technocracy It is a fair, and certainly perplexing, question. These remained nothing but a somnambulistic dream. technological experts are at the top of their games- Nonetheless, Technocracy Inc. has withstood the test they are their own highest authority. Is it right that of time and still endures today. we should vest so much power and faith in one exclusive societal niche, to allow them to orchestrate Italy has also had its flings with technocracy. One the strings of the state, and play proverbial God? Can poster child of Italian technocracy was Carlo Azeglio we be certain that these scholars have the capacity to Ciampi, who had an inexhaustible list of economic rule in the name of the common good? and academic credentials. The law graduate eventually took over the mantel as Governor of Bank of Italy in Perhaps we can turn to the fascinating legacy buried 1979. After a referendum to rewrite electorate laws, in history for guidance. On inspection we can even he was appointed Prime Minister in 1993 for his examine a fortifying link between technocracy non-partisan nature and expertise. His technocratic and socioeconomic morphism. Communism, cabinet enjoyed some successes- said laws were for example, had previously married itself to the indeed amended, and a budget was ushered in to alluring concept. Stalinist Russia has been dubbed address enormous public debt. Ciampi’s government the world’s first real technocracy, with notable was a temporary measure to keep a periled economy success. Interestingly, 89% of the Politburo was from collapsing until the 1994 general elections, comprised of engineers, with men appointed for and his policies were generally regarded as “fair”. their technological expertise to oversee the state However, due to its ephemeral nature, we can only amidst an era of transformation. The Soviet Union’s speculate how such technocratic governing would 10 · The Eagle Gazette Volume 4 Issue 1 have fared the long term. by its political fidelity. And this leads us to the next Two decades on from the Ciampi technocracy, in concern of technocracy- the primordial fear of the 2013 the Italian Monti government collapsed. After unknown. By nature, technocracies have no political the disasters of the Silvio Berlsuconi’s government in bias. But we are not robots, we are sentient humans. 2011, the temporary technocratic government was In the end, subjectivity cannot be cast aside like a rag introduced in order to revitalise an economy on its doll- everyone has preferences, and technocracy, not knees. Once the austerity measures kicked in, the matter how hard it maintains the illusion, can never be technocrats were kicked out. Italy was subjected to freed from this. With technocracies we walk blindly a rigid labour system, where jobs were either for into the dark, essentially giving creative control over life or accompanied by little rights. The failure to to irresolute people, who may exercise the freedom make the declining market more flexible and create to rewrite state laws based on statistics rather than alternative jobs, ensured that the government, led defined agendas. The traditional technocratic leader by the 64-year-old Turin University economics is framed as a calculating, pragmatic individual; but professor, was ousted by an alliance led by the certainly some degree of humanity and assiduity is Democratic Party. This is a classic manifestation of necessary to allow society to flourish too? one of technocracy’s biggest criticisms- the obvious On paper, technocracies sound quite enticing. lack of understanding between the rulers and the However the theory calls for a degree of introspection: ruled. These geniuses who lead do not necessarily are we really educated enough as meagre citizens to reflect the interests of the citizen. Can an aged make informed decisions? Well, it seems the answer economics professor place themselves in the shoes is yes. Looking at the evidence, in true analytical of the modern-day young mechanic or nurse, and fashion, it is blatantly obvious that, in the long-term, adapt to their needs? It certainly looks like too vast a technocracies are nothing but a fanciful ideology. chasm to bridge, which may result in an undesirable A “true” stabilised technocracy has never existed breakdown in communication. in an enduring sense- mainly because this ideology Thus rises the pertinent question: do technocracies thrives on austerity. To draw on a medical metaphor, risk birthing a new elite class in the sociological technocracies are the butterfly stitches of the political hierarchy- one where the intellectual rulers are those multiverse, momentarily patching up an economy’s who were fortunate and resourceful enough to receive wounds and holding it together in a dire crisis. Sore doctorates? The “traditional” politician, grounded in and tedious as they are, sewing temporary threads his grassroots, should be more favourably weighed and lacerating the taxpayers’ pockets, their severity in this respect. At least the mainstream politician’s ensures the state endures, at least until the heart of agenda is familiar to the public, clearly identified democracy can beat functionally again.

The Eagle Gazette Volume 4 Issue 1 · 11 Alumni Catch-Up: Mr. Ciarán Toland SC

Aisling Marren and Orla Murnaghan speak to Ciarán Toland SC

Tell us about your experience as a Trinity Law being a solicitor. I had worked for Arthur Cox in the student, and how has this changed in recent summer of my third year. While Arthur Cox was a years? great firm, I didn’t like the idea of not being able to design legal argument and put these ideas forward, It certainly has changed. The lectures weren’t and a barrister seemed like a more interesting career. compulsory, and there were certain ones where the lecturers were stunning, with men like William However when I took up working in Butterworths Binchy. I think probably the biggest thing with law and when I was doing Kings in the evenings, I got school graduates is that they lack the case law and involved in a political campaign in Europe. So I the skills for research, because it seems that Trinity entered a period in my life for two years where I was has moved away from an intensive study of case law. involved in that, as well as working in Butterworths. I spent a lot of time in England so I was flying back College is about developing social skills. Your club and forth a lot. and society life are crucial to your development. They made, I thought, more difference than one or For that period, and really the next couple of years, two percent in a degree. But I understand things are I began to think that maybe the Bar was something different today. Students are taken on by big firms that was too hard to succeed in. I thought, here’s a and there is much more intense competition. And job I can actually do well in, I got three promotions also with the economic environment people needed in about four years and at the very end I was offered to distinguish themselves more. So while I can a permanent promotion which would effectively understand the competitive pressures on students required me to relocate. And it just seemed like an today, there should be time where you aren’t killing appealing career, because in this profession you yourself with work and find the ideal balance. can achieve interesting things and actually not kill yourself. Let me give you an example. I applied for a job in a legal publisher and all the interviews for the job was But what enticed me to come back to the Bar, was only for a solicitor, for which I was not qualified at that there was a challenge there that I felt I had all. So I went in and I engaged with the publishers. shirked. It’s just part of my personality, and I felt that And I remember I got a phone call the next day. They its something unique that you can’t do anywhere weren’t able to offer me the job, however, they were else. I wanted to rely on my own wits for my own creating a job for me. And it was off the back of all my purposes. It doesn’t always work out like that but extra-curricular work, because I had run the Dublin certainly there’s a degree of freedom here that you branch of the Alliance party, been elected onto don’t have in any other job. committees, and overseen Balls. So what I’m saying You have undertaken a lot of voluntary work is that getting involved gives you an opportunity to over the course of your career, as well as learn outside the study of law, and it also enhances completing internships: are both necessary, in your CV. you opinion, or is one more beneficial than What inspired you to become a barrister as the other in terms of pursuing a particular opposed to a solicitor? career? I suppose the absolutely cynical answer for me I think discerning what you want to do, you should was that in the 2000’s you could go to the Inns as a have experience. I think you should absolutely do graduate students without your exams. But I’d always internships, and ideally shadow someone in the Bar wanted to be a barrister and had never considered too for a couple of weeks in July. Those are the type

12 · The Eagle Gazette Volume 4 Issue 1 of things that are necessary to get an understanding “Sunningdale for learners”. John Hume famously of what the job is about. Voluntary work at a later stood on the bridge in Strasbourg and commented stage will help with your CV. about standing between two different countries. The voluntary work I did, I didn’t do for career Whilst the identity of the Alsatians remained the reasons. Some barristers use their spare time to give same, their sovereignty had switched several times lectures and earn lots of money, some use it to write over the last couple of hundred years. But it doesn’t articles, some use it to relax! But if you do that, it’s matter what their sovereignty is, what matters in not a career path to success, or happiness. getting along with each other. What I did was what I love doing, which is politics. The European Union constantly obliged that. It The things I involved myself with were those that I was the model of the peace process we engaged in. considered essential to public life in the EU. Why? Because of the structure. Locking people into structures and forcing them to talk to each other, Why did you pursue European law as a that’s the whole point of the European community. speciality above any other discipline? Have recent European political developments, While I’ve always had an interest in European specifically Brexit, impacted on your field of politics, I didn’t strategically set out to be a European work? lawyer. But my political interest led me to a particular master. The master, unknown to me until I started Not really, it won’t for a while. In reality, Brexit is devilling for him, exclusively did EU law. Through still a matter for discussion. There won’t be a need him I started getting involved in cases that obviously for lots of legal advice until things, on the British involved EU law. side, begin to become a bit more concrete. Whether that happens depends on the Conservative Party. In terms of my career progression, I didn’t They have to, in a very short period of time, come systematically set out to do it, but it happened. The up with concrete proposals on Northern Ireland and Bar is a little bit like being an actor: you can be concrete proposals on money. typecast. But there’s something else as well, in terms of public service and my interest in current affairs If you’re leaving the EU, you must know how you’re that comes from growing up in the North in the leaving, whether you’re in the customs union and the eighties and nineties. I was heavily involved in the single market, or just the customs union, or neither. Alliance Party as a researcher in the talks process If you don’t know that, then you cannot begin when I was your age. negotiations on a trade relationship because your trade relationship depends on that. Putting Northern Ireland on the table is basically a way of forcing them to come to a defined decision as to whether or not they really are in favour of their “ stated position, which is out of the customs union and The Bar is a little bit out of the single market. They cannot be in favour of that and at the same time say they want a soft border. like being an actor: It is illogical. So what Ireland and Brussels are trying to do is flush them out and get them to say exactly you can be typecast. what it is that they’re looking for. The Conservative Party, now then, has to decide, as a Unionist party, whether it throws Northern For many people in the North, their identity, if it is Ireland under the bus or whether it throws its overall not to be that of a British nationalist in Ireland, is to negotiation strategy under the bus. Until the last few be that of an Irish nationalist, and these were thought weeks, I’d be pretty sure that nobody in there has to be exclusive identities. I think there many young prioritised Northern Ireland in their thoughts. It’s people who certainly were brought up between the only when they realised how hardball the Taoiseach traditions. What defined their experience best was and Brussels were going to play this, that they realised the label or the identity that had been subscribed to, they were going to get flushed out of the system. And was that of being a European. That helped in terms that’s going to be particularly contentious. of my interest. The settlement of 1998 was famously referred to as

The Eagle Gazette Volume 4 Issue 1 · 13 Erasmus Update: Studying in Atlanta, Georgia Donald Trump is a daily conversation topic. Emory is quite democratic however, Atlanta is very diverse CAOIMHE DALY and Georgia as a whole is Republican. In a recent talk JS LAW I attended at Emory – “The Trump Review: One Year On”, various organisations spoke about how resilient I am currently studying abroad in Emory University the American people are, how volunteers and in the heart of Atlanta, Georgia. I had arrived here lobbyists have reached new records in the amount in August, slightly disgruntled that my summer had of people who came out following the election in a been cut short. I was also slightly alarmed at the fearful bid to do whatever they can to restore their intense humidity that came with living in Atlanta country. in August, only to realise that the heat was here to stay. In our initial weeks in the city, Hurricane Irma In conclusion, studying at Emory has been a arrived. The city completely shut down for 2 days. wonderful experience. It has broadened my horizons Once Irma hit, we immediately lost power, and as immensely. I have truly loved getting to know the dusk began to set we were mildly content that we people of Atlanta and my classmates. It is a very could no longer do our readings. Our neighbour interesting time to live in the United States with so knocked on our door and invited us in for a game much change happening in the country. of monopoly in her slightly more lit and furnished house. We gratefully accepted her kind invitation and that was our first experience with the inherent kindness of the people of the South. The Social Section I am studying here for one semester, from August to December and I regret to say that my time here is coming to an end. Atlanta, Georgia is one of the most fascinating cities I have ever been in. It could be described as a slower-paced New-York. The city is Note from the Social Editor filled with mesmerising skyscrapers but everything We’ve had an amazing semester of social events moves at a much more bearable pace. Atlanta is this Michealmas term in Trinity. In particular, a city that is rife with culture and diversity. This is FLAC welcomed an array of distinguished unsurprising when you explore its history. Through speakers, including Professor Phil Scratan, who visits to Martin Luther King’s birth home and his gave an insightful talk on the notion of ‘Post- church, the Centre for Civil and Human Rights and truth’. The Law Soc Junior Mock Trial was a huge the Carter Centre; they all tell the tale of the journey success, with immense time and effort put in by Atlanta has embarked on. all contestants. Congratulations to Kate Kinsella Emory is equally beautiful and academic. Law school and Emma Young who were victorious in the in the US is a graduate degree, so I am currently final. TCLR and Politics Soc co-hosted a very doing graduate classes. I have focused the majority successful panel discussion on Brexit, featuring of my studies on transactional law, an area of the law guest speakers Gina Miller and David Kurten. which is not overly discussed in Trinity. Contract The annual FLAC & TCDSU sleep-out, in aid of Drafting and Negotiations have been thoroughly the Peter Mc Verry Trust, was a huge success. It’s enjoyable and a welcomed change from doctrinal amazing to see students so keen and willing to readings. The classes are more seminar based with raise awareness of the ever-increasing challenge 10-12 people in some classes. of homelessness in Ireland. On a personal note, the huge variety of social events has taken me Emory Law School is a very close knit community totally by surprise, and there really is something which makes it easy for any international students for everyone. I look forward to the social events to settle in. In terms of extra-curricular activities, in the New Year and wish everyone a wonderful there is a society for every aspect of law that you Christmas. could imagine; from Health Law to Entertainment law, every career facet is covered. In my opinion, it - Nadine would open up a realm of opportunities in Trinity if there was a wider range of Law societies available to students.

14 · The Eagle Gazette Volume 4 Issue 1 Perspectives on

Direct Provision Brazil highlighted the lack of personal resources, with Trinity FLAC and the fear experienced by many asylum seekers. She welcomed the new oversight measures and the On October 17th Trinity FLAC hosted a discussion expedited single application system, but sounded a of the ‘direct provision’ system of accommodating note of caution – since there are already over 3,000 asylum seekers in Ireland with Mr David Stanton legacy cases in the old system, ‘we’re running just to (Minister of State for Justice with special responsibility stand still’. for Equality, Immigration, and Integration), and Professor Patricia Brazil gave an overview of the Professor Patricia Brazil of the Law School. origins of direct provision from her perspective as Mr Stanton noted the new, consolidated decision- a legal practitioner. She questioned the logic of the making system which should speed up the process 2010 decision to implement the subsidiary protection of deciding asylum claims. It is hoped that under the regime, which is required under EU law, as a separate new system, claims will be decided within a year. procedure to the determination of refugee status, He said that the government is careful to ensure rather than deciding both questions in a single that those whose claims for asylum are rejected process. This has caused massive delays in assessing can be safely returned to their countries of origin. applications, greatly lengthening the process. This Mr Stanton welcomed the recent Supreme Court has contributed to the current situation, in which decision in NHV v Minister for Justice regarding some individuals have been in direct provision for the right of asylum seekers to work if they are left many months or years. in direct provision for a considerable period of time. A lively Question and Answer session followed, However, he noted that with the projected speeding during which students questioned Mr Stanton up of decision-making, this decision might become regarding the Government’s back-up plan if numbers moot. of asylum seekers continue to increase, the potential The Ombudsman and the Children’s Ombudsman use of compulsory purchase orders to obtain suitable are now permitted to take complaints from asylum properties for direct provision, and the presence seekers, and the Reception and Integration Agency of private companies in direct provision centres. now carries out independent inspections. He Perhaps foreshadowing the ‘Off Our Campus’ spoke of the increasing strain on centres in terms campaign by Aramark, one student asked whether private catering companies operating in direct provision centres were ‘profiteering’ at the expense of residents. Mr Stanton responded that under EU tendering laws the government selects the provider who can provide a service at the best price, and said that companies will not do this unless they can make a profit. However, he noted that residents are given food tokens which they can spend at the shop as an alternative to catered meals. Stanton also highlighted the role of centre managers in overseeing this. Throughout the discussion Mr Stanton repeatedly emphasised his desire to engage with ideas and suggestions for improving the direct provision system. The interest and engagement demonstrated by the attendees proved that students are passionate about the issue. It is to be hoped that this passion of numbers. The government is currently seeking will be channelled into concrete improvements to properties to develop as direct provision centres, the direct provision system. but is having difficulty locating them – a problem the Minister attributed in part to the controversy - Blánaid ní Bhraonáin around the direct provision system. Professor

The Eagle Gazette Volume 4 Issue 1 · 15 for the Trust until 12pm, when everyone began to Trinity FLAC/TCDSU settle down to sleep. Student Sleep Out for the Although it was a cold night, everyone was very thankful that it wasn’t raining. The next morning, Peter Mc Verry Trust participants again shook their buckets for a short On the November 2nd, Trinity FLAC, in association time, before clearing the way for the Med Day bucket with TCDSU, held their annual student sleep collectors. out under the front arch of Trinity College. Following the event, it was clear that most Approximately 40 students took part in the event, participants found the experience very sobering and which aimed to raise money for the Peter Mc difficult, but an extremely worthwhile and insightful Verry Trust homeless charity, while raising student one. Trinity FLAC is extremely grateful to all those awareness of homelessness. who took part and donated to the sleepout. The Participants gathered at front arch from 7pm, committee were delighted with the success of the shaking buckets and settling down for the evening. event and the funds raised for the Trust. Hopefully Trinity Senator David Norris came to the sleepout to the Trinity FLAC and TCDSU student sleepout will show his support. Senator and Law Professor Ivana continue for many years to come. Bacik and Fianna Fail T.D. Jim O’Callaghan were also - Caoilfhionn Sheil in attendance. Participants continued raising money

Masquerave 2017

The aptly named night of dance and merriment on the buses bound for Masquerave! With anthems with overtones of Halloween themed intrigue, sung and names exchanged all arrived at the castle ‘Masquerave’, took place this year on the 27th of in high spirits and ready to dance the night away. October. For those lucky enough to get their hands By god they danced! With DJs Kean Kavanagh, on a ticket they were most definitely not let down. Rob O’Donohoe and Rory Hughes fuelling the Dressed in their finest black tie, (or whatever they dancefloors in the main hall and dungeon, the could find that vaguely resembled black tie), they revellers did indeed revel. descended on the Pav for refreshment before taking If the dancefloor felt too like your monthly FlyeFit the hour and a half long bus down to the mystery session then there was plenty of space indoors to sit location, Charleville Castle in County Offaly, for the on comfortable armchairs and snuggle up to blazing event. fireplaces and discuss how we’d definitely win the For many events the bus journey can sap the fun out bid for the Rugby World Cup, (gone are the days of of the occasion. If anything, the opposite took place blissful optimism!). Alternatively you could stretch your legs outside and indulge in some freshly baked pizza kindly provided by Law Soc. Sadly, all good things must come to an end. This year, Masquerave was no different. On the bus home you could hear a pin drop. You could feel the exhaustion around you, but you could also feel the satisfaction at a great night. Bring on Masquerave 2018. - Diarmuid O’hUallachain

16 · The Eagle Gazette Volume 4 Issue 1 point of art by Sunstein. Just as the topics discussed TCLR Distinguished by Sunstein extended into subjects other than law, Speakers Series: Cass so did the attendees hail from a diverse range of disciplines. Sunstein With the conclusion of his speech, Sunstein moved On Friday, November 11th, Trinity College Law into a Q&A session. Members of the audience Review welcomed Professor Cass Sunstein to give a were able to probe some of the points made by talk at the GMB as part of its Distinguished Speakers Sunstein, and topical issues such as opt-out organ series. As pointed out by Professor David Kenny in transplantation were brought up. By the end of the his opening remarks, a man who is deemed by Glenn event, it was difficult to argue that all in attendance Beck to be “the most dangerous man in America” were not better off having been granted the fantastic is one who needs no introduction. Sunstein is well opportunity of hearing first-hand the thoughts of known to the American public as administrator of the one of the world’s leading legal voices. Office of Regulatory and Information Policy during - Eoin Forde the Obama Administration, although he is first and foremost a world-renowned academic scholar. Over the course of ninety minutes, Sunstein broke down Recent Developments in the more prominent findings from his decades of research and how they were implemented, and also Child Law, Trinity FLAC, engaged with the floor in a final Q&A segment. 26th October 2017 One of the most engaging aspects of Sunstein’s talk Trinity FLAC hosted an event on 26th October appeared less to be about the content, but more in the regarding recent developments in child law, at which delivery of it. Following a technical hitch which left Dr. Anne-Marie Hutchinson, OBE, QC, spoke about Sunstein without the use of a projector, he took up a the ‘in camera’ rule and Edel Quinn spoke about the more casual position on the podium and informed Guardian Ad Litem. the audience he would be taking the talk in an ex Dr. Hutchinson described the issue as a ‘balancing tempore fashion. It was this approachable style of act’. She acknowledged the importance of open Sunstein’s which made the talk even more fascinating courts, mentioning how a lack of public knowledge than if delivered by means of academic article meant a lack of public interest, which further resulted (although I’m sure his are as thought-provoking and in a lack of incentive for the government to initiate insightful as one could hope). Sunstein brought the policy change, even when desperately needed. audience into the topic at hand by means of dissecting Furthermore, the closed nature meant many families Beckett; establishing a connection between Waiting were entirely unfamiliar with the process, alienating for Godot and the Obama Administration’s method them from services for which they may have dire of applying behavioural economic principles is a need. However, the benefits of openness could only remarkable thing to achieve. be achieved by sacrificing an individual, and often Sunstein’s observations at a micro level with regard vulnerable, child’s right to privacy. human interaction and thought were met with nods Edel Quinn, Senior Legal and Policy Officer at the by most of the audience; most were aware of the reality Children’s Rights Alliance, discussed the upcoming of people not always operating rationally. However, it regulation of the Guardian Ad Litem and Child was the next aspect – employing these principles and Views Experts services in Ireland. In the case of applying them on a macro scale that made clear the Child Views Experts, who are used in private law importance of Sunstein’s findings. Indeed, it seemed proceedings, legislation provides that it must be paid that many administrative institutions were just as for by parents, which puts lower income families at a unaware of the power of the discussed default rule disadvantage. No particular qualification is needed, which formed the basis of much of Sunstein’s talk. there are no specific guidelines for when or when not The accessible format of Sunstein’s address allowed to use them. virtually everyone in attendance to grasp the Given this, we would imagine that a recent bill concepts being discussed. Taking such a broad range seeking to regulate guardian ad litem services would of topics – present bias, rational actor theory, loss be a good thing. However, Miss Quinn raised some aversion and others – and breaking them down in concerns. Firstly, she raised that it seems like the such a way that made each subsequent subject feel government’s priority was reducing costs, rather like the most natural progression, was taken to the than protecting children’s best interests or giving The Eagle Gazette Volume 4 Issue 1 · 17 their voices a platform. Tusla will act as a paymaster for the service, which creates a conflict of interest, as they will often also be taking the case to remove a child from their home. This reigns back the system which had evolved in Irish courts, where the guardian ad litem could cross examine both witnesses and Tusla representatives, and otherwise advocate for the child’s best interests. Following both incredibly informative speeches, the audience participated in an edifying questions and answers session. - Mary Murphy Blasphemy and the Irish Constitution with TCLR and Trinity FLAC the Catholic Archdiocese of Dublin and an expert in Canon Laws, outlined the Catholic stance on On the 4th of October, the Trinity College Law blasphemy, and distinguished the ‘simple invocative Review’s first Distinguished Speakers Series in blasphemy that takes place casually in every age’ collaboration with Trinity FLAC attracted an from its abusive form. In the early church, before the audience filling the Swift theatre. The focus of time of Constantine, blasphemy was usually linked the event was on Article 40.6.1(i) of the Irish with heresy and apostacy. However, blasphemy is Constitution concerning blasphemy. Four panellists not something which concerned canon law in this offered their varying opinions on the contentious country and hasn’t for many hundreds of years. matter of Blasphemy in the Irish Constitution. Dr Ali Selim, a professor of Arabic in the Department Chair of Atheist Ireland, Michael Nugent, criticized of Near and Middle Eastern Studies at Trinity College the controversial article of the Constitution, claiming Dublin and also the spokesperson of the Islamic that “it is both ridiculous and dangerous.” He set out Cultural Centre of Ireland, defended the Blasphemy the four dangers posed by this article - it silences laws in the Constitution, saying that thanks to the the media and causes it to self-censor; it incentivises Article in the Irish Constitution, “Ireland believes outrage; it treats religious beliefs as more valuable in freedom of expression but also guarantees and than secular beliefs and the laws are used to infringe protects respect with regards to others.” He believes on human rights across the world. Atheist Ireland the challenge is to exercise the right of freedom of suggested at the Constitutional Convention in 1996 expression in harmony with other rights. that the article be replaced by a positive statement Dr. Neville Cox, Professor of Law and Dean of about freedom of expression based on Article 10 of Graduate Studies in Trinity College Dublin was the European Convention of Human Rights. the final speaker of the evening. He said Article Reverend William Richardson, who is the Promoter 40.6.1(i) should be removed from the constitution. of Justice with the Dublin Metropolitan Tribunal of He demonstrated that the impact of the blasphemy laws in Ireland have been primarily symbolic. Cox ascertained that blasphemy laws always exist because they target speech, which from the standpoint of the soul of the nation is ‘simply unsayable.’ However, a blasphemy law cannot be justified in a nation whose public morality does not take the view that that speech is unsayable, as is the fact in Ireland’s case. The evening was closed by Editor in Chief of TCLR, Caoilfhionn Sheil - Caoilfhionn Sheil. 18 · The Eagle Gazette Volume 4 Issue 1 TCLR & TCD Politics Society Brexit Event

On November 21st, Trinity College Law Review (TCLR) and TCD Politics Society co-hosted a panel discussion on Brexit. The GMB chamber was packed with students, staff and other interested members of the public. TCLR was excited to welcome its high-profile first speaker, Gina Miller, the main litigant in the recent case R (Miller) v Secretary of State for Exiting the European Union. Miller, a British businesswoman and transparency campaigner who was involved in the Remain campaign, successfully challenged the Government’s authority to trigger Article 50, and thus the process of leaving the EU, without a London elite, and argued that increased immigration Parliamentary vote of approval. She said that the has strained public services and caused wages to fall. personal criticism heaped upon her by the media Kurten criticised the lack of tolerance shown to those discouraged other potential litigants, and that who complain about immigration: ‘they’re slurred, nobody ‘stepped in when they saw what I was going called bigots or racists’. through’. Stephen Donnelly T.D., the final speaker of the night. Miller explained her decision to take the case as a He identified Brexit as ‘a story of loss’ and criticised result of her concerns about the undermining of the ‘facile’ argument that the UK will be better off if it democracy. She alluded to the use of Henry VIII can make its own trade details. He pointed to higher powers and the proposed use of the royal prerogative, interest rates, jobs leaving the UK, and Northern and the dangerous precedents this would set: ‘it Ireland and Scotland being dragged out against their would have set us back 400 years’ will as negative consequences of Brexit. Taking an Miller said she was one of the few from the ‘Remain’ Irish perspective on Brexit, Donnelly laid out the bleak side to campaign outside London. Following visits consequences for Northern Ireland, including job to town hall meetings and seeing ‘how hurt people losses and loss of agricultural subsidies. He sounded were, how neglected they feel’, by February she a note of caution regarding the possibility of border was ‘convinced we were going to lose’. She tried to controls in the event of a hard Brexit, particularly persuade the Remain campaign to switch their since the UK has refused to give an undertaking that slogan to ‘Remain and Reform’. there will be no hard border. However, it was not all The second speaker was David Kurten, a UK doom and gloom for Ireland: he suggested that we Independence Party (UKIP) representative on the can push to mitigate the damage to our trade with London Assembly. Kurten first became involved the UK, while simultaneously taking greater steps in politics in 2012 as a result of his alarm at the into the rest of the EU marketplace. ‘Economically, proposed Transatlantic Trade and Investment we can turn Brexit into the best thing that has Partnership (TTIP). He noted that people from happened to this country in decades’. across the political spectrum were united against the Despite the drastically different views of the Investor-State Trade Dispute Settlement mechanism, panellists, the tone of the event remained cordial which allows international companies to sue states throughout. Gina Miller received a big laugh from in special tribunals, rather than in national courts. the audience when she noted, ‘One of my big wins He became convinced that the only way to stop TTIP was getting lawyers to work for nothing’. David was to leave the EU. Kurten also drew laughter with a vivid description of Kurten also addressed immigration, and picked up the notorious ‘Battle of the Thames’, a surreal naval on Miller’s point regarding the disconnect between confrontation between Brexiteers aboard a flotilla the London ‘bubble’ and the rest of the country. He of fishing boats and a yacht commandeered by Bob noted that deprived communities have ‘a different Geldof and other Remain campaigners. experience of immigration’ to professionals in the - Blánaid ní Bhraonáin

The Eagle Gazette Volume 4 Issue 1 · 19 why do we choose our trainees so carefully?...

...Because we’re not just choosing trainees if you’re looking for the very best legal training available in Ireland, consider this. Almost every graduate who joins us as a trainee remains with us after qualification. And the large majority of our partners originally began their own legal careers with the firm. So when we ask you to join us as a trainee, we’re seeing you as a future colleague. That’s why we invest so heavily in planning, resourcing and delivering our in-house training programme – and in continuing professional development post-qualification, right throughout your career with us. We want to enable your progress, because we know that’s the best way for us to enable ours. To find out more, contact our Graduate Recruiter Lisa McGoldrick at +353 1 511 1612 or email [email protected]. Summer Internship Programme 2018 – applications open early January.

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