Gazette€3.75 November 2006
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LAW SOCIETY Gazette€3.75 November 2006 COLLISION COURSE: Legal questions loom over Aer Lingus takeover bid INSIDE: MENTAL HEALTH ACT 2001 • FERGUS FINLAY ON CHILDREN’S RIGHTS • 16 PAGES OF JOBS LAW SOCIETY GAZETTE NOVEMBER 2006 CONTENTS On the cover LAW SOCIETY As Ryanair trains its guns on the newly-liberated Irish flag carrier, doubts have been raised about the legality of the invasion in terms of both Irish Gazette and European competition law November 2006 PIC: REX FEATURES/GAZETTE STUDIO Volume 100, number 9 Subscriptions: €57 REGULARS 4 President’s message 7 News 16 Rights-based child law Children’s rights are not being met by the current criminal justice system Mental health and involuntary 19 admissions 20 Viewpoint Barnardos chief Fergus Finlay makes the case for a 4 referendum on children’s rights 23 Letters 45 Practice doctor 46 People and places 49 Student spotlight Tales of adventure from Achill 50 Briefing 50 Council report 51 Committee report 52 Practice notes 19 54 Legislation update: 20 September – 17 October 2006 56 FirstLaw update 58 Eurlegal: state liability 63 Professional notices 68 Recruitment advertising More than 16 pages of job vacancies Editor: Mark McDermott. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 63. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Pamela 49 Cassidy, Tom Courtney, Eamonn Hall, Philip Joyce, Michael Kealey, Mary Keane, Patrick J McGonagle, Ken Murphy, Michael V O’Mahony, William Prentice. 2 www.lawsociety.ie LAW SOCIETY GAZETTE NOVEMBER 2006 PRESIDENT’S MESSAGE An eventful year in a time y the time you read this, my year will Relations Committee. have ended and the Law Society The Society believes these measures to be fair and presidency will have passed to my understands the necessity to ensure that the public successor, Philip Joyce. I wish him well should have the utmost confidence in the Society’s B and hope that he enjoys his term in complaints procedures. office. I would like to thank you all for the support The Society has requested certain measures to be that you have given the presidency during my term included in the bill. The foremost of these would in office. It has been very much appreciated. allow a solicitor to limit liability contractually with a The year has gone very quickly – a sure sign of client, subject to the mandatory professional activity and enjoyment. indemnity insurance cover of €2.5 million. As long ago as July 2005, the Society responded Such an amendment would not affect the small or to the preliminary report of the Competition less well-off client, who would still have the benefit of Authority on the legal profession. It now appears the statutory minimum cover of the solicitors’ that the final report of the authority will issue in professional indemnity insurance. It would, however, November 2006. allow the solicitor to compete in certain larger commercial transactions on an equal basis with Legal services ombudsman accountants and other professionals who already have In the meantime, the Minister for Justice introduced such a right. the Civil Law (Miscellaneous Provisions) Bill 2006 , in This and other matters have been requested by the February. The bill proposes to introduce a legal Society to be included in the bill – it is to be hoped services ombudsman and to increase lay membership that such are not overlooked or forgotten about by to a majority on the Complaints and Client government, as the measures suggested are practical The Law Society recently hosted a lunch for past presidents of the Society, pre-1990, and retired director general James J Ivers. Front (l to r) : Bruce St LENSMEN PIC: John Blake (President, 1977), Walter Beatty (1980), Moya Quinlan (1981), Michael Irvine (2006), William A Osborne (1975), Michael P Houlihan (1983) and Joseph L Dundon (1978). ( Back, l to r) : James J Ivers (Director General, 1973-1990), Philip Joyce (Senior Vice President 2006), Thomas D Shaw (1988), Anthony E Collins (1985), Laurence Cullen (1986), Maurice R Curran (1989) and Director General Ken Murphy 4 www.lawsociety.ie PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE NOVEMBER 2006 of change and would help the solicitor provide a better service to the client. Legal Costs Working Group The Legal Costs Working Group, chaired by Mr Paul Haran, reported last January. Extensive submissions were made to the working group and written and oral comment and suggestions have been made to the Implementation Group, chaired by Mr Desmond Miller. There is little doubt that, at the least, the manner of charging in litigation will be altered – however it appears that the notion of scale costs have been rejected, which is welcome news. PIC: LENSMEN The reform of legal costs will take a considerable time, during which the profession must remain vigilant regarding any proposals. During the year, purchase of the Benburb Street site was completed by the Society. I believe that this purchase will allow the Society to develop its facilities for members in an adjoining site. Blackhall Place is a landmark building in Dublin 7 and a headquarters that all solicitors can utilise and enjoy. Cork education centre It was a great pleasure to announce the Society’s new education centre in Cork. I am certain that the Cork facility will be a major attraction for those socially – the society we live and work in today. “I believe wishing to become solicitors. Usually the efforts of solicitors go unheralded – As president, I have presided over seven maybe that’s as it should be, but it does not devalue that all parchment ceremonies, which underlines the what has been achieved. solicitors can amount of young people entering the solicitors’ The Society serves the profession and does its profession. In the last year, approximately 1,800 very best for its members – it, too, does not get be very proud have received legal education in Blackhall Place. In appropriate recognition for its efforts. I personally of their addition to strong numbers, I believe we have a very would like to pay tribute to the staff in the Society, high calibre of entrants to the profession. who give of their utmost to the profession. efforts to The efforts of young solicitors in charitable I certainly would not wish my final message as enhance – events such as the Calcutta Run emphasises the president to pass without thanking all in the Society, social awareness of such practitioners and augurs from Ken Murphy downwards, for their efforts on both econom- well for the future. This is most heartening. It our behalf. ically and means that the profession will certainly play its role I would also like to thank those who serve on the in the legal, economic and social development of committees of the Society and, in particular, all socially – the our country. Council members – the contribution all have made society we is very much appreciated. ‘Law in the Community’ initiative It has been a great pleasure to meet with many of live and work I was particularly pleased that Council unanimously you during the year – that to me has been the most in today” adopted the ‘Law in the Community’ initiative to satisfying part of my year. I am most grateful to you assist groups who provide legal advice and assistance all for the hospitality and courtesy shown, not alone to those who are disadvantaged and marginalized in to me but also to my wife Anne and our children. the community. I believe that all solicitors can be very proud of Michael Irvine their efforts to enhance – both economically and President www.lawsociety.ie 5 ¡ ¢ £ £ ¤ ¥ ¦ § ¨ £ © ¥ ¥ ¡ £ £ ¦ ¡ ¤ ¦ ¡ ¥ ! 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' $ 5 # 5 % 5 9 & # $ % # $ $ & * ) 7 8 # # ' % 6 ' $ % # ' # ' # < # ! # # 7 ' > ) ' ' % % 7 ? @ A B C D E F G F H I I E J K G B K G F L L M E N G O P G N @ @ G Q J F R K @ F F S B N T P U E N V F D E J K G W X J Y C R K Z L ] L ] X [ \ P U E N V F M ` a ] L b c ] d ] e S ^ _ \ a ] L b c ] d L b g f H [ ` h h B R C R K i E j I I B K K Z R @ NEWS LAW SOCIETY GAZETTE NOVEMBER 2006 nation wide Send your news to: Law Society Gazette , Blackhall Place, Dublin 7, or email: [email protected] ■ CAVAN mark the retirement of Judge Memorial service O’Donnell as the judge assigned Practitioners throughout the to the Donegal district will be county and beyond were deeply held in Donegal Town later on saddened at the untimely passing in the month, to mark his decade of their local judge – the late or so on the bench in the area. Judge David Maughan, who had Meanwhile, an informative been the permanent judge in the CPD seminar was held recently area for the last four years. A on ‘Risk Management’, as well memorial service was arranged as an excellent review of the by the legal profession in his drink-driving legislation by honour in Ballyconnell, Leitrim solicitor, Kevin Kilrane. Attending the DSBA seminar, ‘Banking – Adding to your Bottom Line’, on coinciding with the court sitting.