2016 – 2017 Annual Report
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ANNUAL REPORT 2016/2017 MISSION STATEMENT “To provide leadership and representation on behalf of members of the independent Bar of Ireland, ensure the highest standards of ethical and professional conduct within the profession and to deliver valued and quality services for the benefit of members” CONTENTS ORGANISATION 4 Council of The Bar of Ireland 2016-2017 5 Committees 6 Chairman’s report 8 Director’s report 11 STRATEGIC OBJECTIVES 14 1. Library and Information Services 14 2. Membership Engagement and Benefits 18 3. Promotion, Policy and Public Affairs 22 4. Education and Training 36 5. Regulation 39 OPERATIONS 42 TREASURER’S REPORT 45 FINANCIAL ACCOUNTS 51 3 ORGANISATION Council of The Bar of Ireland Permanent Committees Professional Education and Pub lic Standing Libr ary Fina nce Practices Training Affairs Committee Committee Committee Committee Committee Committee Non-Permanent Committees Criminal and ADR and Young Bar Stat e Bar Arbitr ation LSRA Circuits Liaison Human Rights Wellness Personal Injuries Committ ee Committ ee Committ ee Committ ee Committee Committee Committee Committee 4 COUNCIL 2016-2017 Damien Colgan SC Thomas Creed SC Conor Dignam SC Mary Rose Gearty SC Patrick Leonard SC Seán Ó hUallacháin SC Paul McGarry SC (Chairman) Mícheál P. O'Higgins SC Seamus Breen BL Shane English BL Claire Hogan BL Grainne Larkin BL Darren Lehane BL Seamus Woulfe SC (Vice-Chairman) Tony McGillicuddy BL Maura McNally BL Joseph O'Sullivan BL Elaine Power BL Venetia Taylor BL Sara Moorhead SC (Treasurer) Co-optees Niamh Hyland SC Rachel Baldwin BL Ray Boland BL Aoife O'Leary BL 5 COMMITTEES 2016 – 2017 STANDING COMMITTEE Claire Hogan BL Ronan Murphy SC Ellen O'Callaghan BL Paul McGarry SC (Chairman) Darren Lehane BL Shane Murphy SC Joseph O'Sullivan BL Damien Colgan SC Tony McGillicuddy BL Micheál Ó Scanaill SC Venetia Taylor BL Mary Rose Gearty SC Maura McNally BL Ronnie Robbins SC Beatrice Vance BL Patrick Leonard SC George Maguire BL Seamus Breen BL Sara Moorhead SC Venetia Taylor BL Elizabeth Gormley BL ARBITRATION AND ADR Seán Ó hUallacháin SC Grainne Larkin BL COMMITTEE Mícheál P. O'Higgins SC FINANCE COMMITTEE Eoin Lawlor BL Patrick Leonard SC (Chairman) Seamus Woulfe SC Sara Moorhead SC (Chairman) Kathleen Leader BL Paul McGarry SC Claire Hogan BL Damien Colgan SC Darren Lehane BL David Dodd BL Grainne Larkin BL Thomas Creed SC Maura McNally BL Arran Dowling Hussey BL Tony McGillicuddy BL Paul McGarry SC Joseph O'Sullivan BL Marcus Keane BL Seán Ó hUallacháin SC Elaine Power BL Darren Lehane BL LIBRARY COMMITTEE Seamus Woulfe SC Venetia Taylor BL Padraig Lyons BL Seán Ó hUallacháin SC (Chairman) Seamus Breen BL Patrick Mair BL Robert Barron SC Darren Lehane BL CRIMINAL AND STATE BAR Katie Mann BL Dermot Kelly SC Venetia Taylor BL COMMITTEE William Martin-Smith BL Paul McGarry SC Damien Colgan SC (Chairman) Niall Ó hUiginn BL Sara Moorhead SC PROFESSIONAL PRACTICES Sara Moorhead SC Kate O'Donnell BL Seamus Woulfe SC COMMITTEE Mícheál P. O'Higgins SC Caitriona O'Reilly BL Rachel Baldwin BL Mícheál P. O'Higgins (Chairman) John Berry BL Joseph O'Sullivan BL Anne Bennett BL Thomas Creed SC Angela Collins BL Dylan Redmond BL Seamus Breen BL Conor Dignam SC Clara Connolly BL Louise Reilly BL Adrienne Cawley BL Sean Guerin SC Dean Kelly BL Anna Shanley BL Shane English BL Patrick McGrath SC Tony McGillicuddy BL Fergal Foley Sara Moorhead SC Jane McGowan BL 6 CIRCUITS LIAISON COMMITTEE David Fennelly BL Séamus Ó Coigligh BL LEGAL SERVICES REGULATORY Elaine Power BL (Chairman) Alison Fynes BL Liam O’Connell BL AUTHORITY COMMITTEE Tony McGillicuddy BL (Chairman) Damien Colgan SC Bláithín Gallagher BL Eoin O’Donnell BL Thomas Creed SC Thomas Creed SC Natalie McDonnell BL Seán O'Quigley BL Conor Dignam SC Clíona M. Boland BL Tony McGillicuddy BL Joseph O'Sullivan BL Patrick Leonard SC Karl Finnegan BL Niall Nolan BL Venetia Taylor BL Paul McGarry SC Tom Fitzpatrick BL Colin Smith BL Dylan West BL Sara Moorhead SC Gerard Groarke BL Fintan Valentine BL Seamus Woulfe SC Gareth Hayden BL EDUCATION AND TRAINING Seamus Breen BL David Kearney BL YOUNG BAR COMMITTEE COMMITTEE Claire Hogan BL Joseph O'Sullivan BL Patricia McCallum BL Claire Hogan BL (Chairman) Mary Rose Gearty SC (Chairman) Brendan Savage BL Vincent McKechnie BL Paul McGarry SC Conor Dignam SC Heather Nicholas BL Seán Ó hUallacháin SC Murray Johnson SC PUBLIC AFFAIRS COMMITTEE Grainne Larkin BL (Chairman) Aisling Wall BL Rachel Baldwin BL Paul McGarry SC Conor Dignam SC Aoife Beirne BL Ronan Munro SC Patrick Leonard SC HUMAN RIGHTS COMMITTEE Eve Bolster BL Lisa Daly BL Paul McGarry SC Conor Dignam SC (Chairman) Hannah Cahill BL Suzanne Dooner BL Seán Ó hUallacháin SC Michael Lynn SC Maeve Cox BL Conan Fegan BL David Allen BL Sunniva McDonagh SC Suzanne Dooner BL Alison Fynes BL Rachel Baldwin BL Paul McGarry SC Jennifer M. Good BL Hugh Good BL Emma Davey BL Claire Hogan BL Colm O'Dwyer SC Paul W.J. Hegarty BL Claire Hogan BL Darren Lehane BL Martina Baxter BL Tony McGillicuddy BL Tomás Keys BL Kevin Lenahan BL Patricia Brazil BL George Maguire BL Tony McGillicuddy BL Susan Lennox BL Diane Duggan BL Ellen O’Brien BL Eoin O'Donnell BL Cathy MacDaid BL Conan Fegan BL Ellen O’Callaghan BL Colin Smith BL Tony McGillicuddy BL 7 CHAIRMAN’S Moving in the right direction REPORT Looking back on my first year as Chairman, I feel a great sense of pride would be fully in force during 2017. Given the wide range of systems and honour to have presided over another year of service improvements and processes that have to be implemented by the LSRA for each of the for members. provisions of the Act to be implemented, it is unlikely in my view that the Act will be fully operational during 2017. Improvement in member services and benefits The Bar of Ireland always said that there were elements of the legislation The vast majority of members, as demonstrated through the regular that were welcome. The new costs regime is long overdue, and we regret member surveys undertaken, express high levels of satisfaction with the any further delays in getting that up and running. Similarly, the service improvements that have taken place across The Bar of Ireland provisions on regulation and discipline contain welcome elements. over the last two years. On the other hand, there is huge uncertainty about the cost of all of A useful benchmark for measuring the level of improvements is a look this. The provisions of the Act relating to business structures, multi- back to the results of the general membership survey undertaken by our disciplinary practices, partnerships and the like always seemed to us to Director in April 2015, which identified a range of areas of dissatisfaction make no sense in a market this size. among members, including support for young members, IT licence, We prepared submissions as part of the consultation process on these access to Library databases, provision of CPD, guidance on the and other issues, and it seems from the initial LSRA reports that our master/pupil relationship, support for women at the Bar, professional arguments are getting some traction. fees and membership subscriptions, and value for money. Significant progress has been made to address each of these concerns, and while Brexit opportunities there is no perfect outcome to satisfy every individual member’s In recent months, the Council has been engaged with Government expectation, there is a consensus that enormous strides in the right agencies and law firms about the potential opportunities for legal direction have been made. services in the wake of Brexit. We are glad to see that some of the ideas put forward will feature in attempts to attract global businesses to locate The year of the LSRA here. We recently hosted a major conference of the New York Bar, whose The legal landscape in Ireland continues to shift. In the past year, the delegates were full of praise for our legal system and judiciary. Legal Services Regulatory Authority (LSRA) has begun operation. Parts 1 and 2 of the Act came into operation last October. An interim CEO Supporting the judiciary was appointed and the previous Minister for Justice stated that the Act The judicial system in this State continues to be chronically 8 underfunded. The fact that we have the lowest number of judges per Legal proceedings involving the Council capita in the OECD, and the fact that those judges have not been I am pleased to report that two sets of proceedings against the Council adequately resourced, whether through the provision of researchers, concluded during the past year. In one, a former High Court judge registrars or support staff, remains problematic. brought a challenge to the refusal of the Minister for Justice to include What is more worrying is that some representatives seem to think his name on the criminal legal aid panel. Certain reliefs were claimed that it is better to spend money on a system for the appointment of against the Council. Although the application against the Minister people to an elaborate, expensive quango, simply to decide which succeeded, the High Court ruled that no relief should be granted judges should be recommended for appointment, than to devote against the Council. The Minister’s appeal also failed. The Council was more resources to the maintenance of high standards in the judiciary. awarded its costs. Despite all this, our judges continue to be held in very high regard. A member had also brought plenary actions against the Council and This is because their independence is unimpeachable.