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Download Bar Review Volume 22 THE BAR Volume 22 Number 5 RJournal of TEhe Bar of IVreland IEW November 2017 Implementing the Victims' Directive: a prosecutor's perspective CONTENTS The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5166 Fax: +353 (0)1 817 5150 Email: [email protected] Web: www.lawlibrary.ie EDITORIAL BOARD 133 Editor Eilis Brennan BL Gerry Durcan SC Brian Kennedy SC Patrick Leonard SC Paul Anthony McDermott SC Sara Moorhead SC Brian Murray SC James O'Reilly SC Mary O'Toole, SC 124 Mark Sanfey SC Claire Bruton BL Claire Hogan BL Mark O'Connell BL Ciara Murphy, Director Shirley Coulter, Director, Comms and Policy Vanessa Curley, Law Library Deirdre Lambe, Law Library Rose Fisher, Events and Administration Manager Tom Cullen, Publisher Paul O'Grady, Publisher PUBLISHERS 143 Published on behalf of The Bar of Ireland by Think Media Ltd Editorial: Ann-Marie Hardiman Paul O’Grady 127 Colm Quinn Design: Tony Byrne Tom Cullen Eimear Moroney Advertising: Paul O’Grady Message from the Chairman 120 LEGAL UPDATE XXIX Commercial matters and news items relating Editor's note 121 Feature 127 to The Bar Review should be addressed to: Protecting children's rights Paul O’Grady The Bar Review News 121 Think Media Ltd The Denham Fellowship Law in practice The Malthouse, Visit from Texan delegation A benchmark for bullying claims 129 537 NCR, Dublin DO1 R5X8 Tel: +353 (0)1 856 1166 John Philpot Curran commemoration The hidden persuaders and the inner 133 Fax: +353 (0)1 856 1169 nature of tort action Email: [email protected] Web: www.thinkmedia.ie Business news 123 Implementing the Victims' 138 Professional pension advice Directive: a prosecutor's perspective www.lawlibrary.ie Interview 124 Closing argument 143 Views expressed by contributors or The lawyer at the centre From wellness to resilience correspondents are not necessarily those of The Bar of Ireland or the publisher and neither The Bar of Ireland nor the publisher accept any Papers and editorial items should be addressed to: responsibility for them. Rose Fisher at: [email protected] THE BAR REVIEW : Volume 22; Number 5 – November 2017 119 MESSAGE FROM THE CHAIRMAN Much to do The Council has a busy year ahead working for members and dealing with the impact of new regulations. Welcome back to the new legal year and a particularly warm welcome to our 89 Investing in member facilities new members, who came into membership of the Law Library in October. It was Last year’s Council undertook a lot of work to decide the approach to be taken my privilege to welcome all our new colleagues during orientation day. by The Bar of Ireland to ensure that both the administration and individual Council of The Bar of Ireland has a busy year ahead. The first meeting of the new members can comply with the new General Data Protection Regulation (GDPR), Council took place in September, where a number of key areas of priority were due to come into force in mid May 2018. Communications to assist members in identified. understanding the need to comply with the provisions of the GDPR will continue. Significant investment in our IT infrastructure has been necessary and we are on Engagement with the LSRA schedule to meet the May 2018 deadline. Engagement with the Legal Services Regulatory Authority (LSRA) will continue Opportunities to maximise the use of our property assets for the benefit of throughout the year ahead to ensure that the provisions of the legislation are members continued over the long vacation. The old Sky Bar on the third floor of implemented as smoothly as possible. The LSRA has recently appointed a the Church Street premises has been refurbished, providing an additional 27 seats permanent CEO, Mr Brian Doherty, who took up his position in mid September for members, together with a new modern café that overlooks Church Street. 2017. The Council has repeatedly expressed concern at the slow pace of progress Pressure on seating is an ongoing issue and the Council aims to ensure that we to get the new office of legal costs adjudication established, and we continue to can increase seating wherever possible. Over the last two years, we have been make representations in that regard. able to put an additional 47 assigned seats into the Church Street building, and these comfortably sit alongside the 93 offices, which are now approaching full Supporting junior and circuit members occupancy. Supporting junior members of the profession and members who practise primarily Finally, I wish to commend the former Vice Chair of the Council, Séamus Woulfe on circuit is another key priority for the Council. The survey of circuit practitioners SC (now Attorney General: read an interview with him on page 124) and our undertaken earlier this year produced a comprehensive agenda to engage with current Vice Chair, Mary Rose Gearty SC, for their work in launching the new the Courts Service on matters of concern to members, one of the primary users Consult a Colleague helpline. This is a new service for members to access a panel of the facilities of the Courts Service on a daily basis. The Council made a of trained volunteer members who will be available to provide support and submission to the Courts Service in relation to the development of its strategic guidance for any member who is experiencing challenges in their professional plan for the next three years and took the opportunity to highlight the issues life. Further information on the initiative is included in this raised by members on circuit. Jack Nicholas BL has agreed to chair the Circuit publication. Liaison Committee over the year ahead, building on the sterling work carried out by Elaine Power BL. The Young Bar Committee (YBC), under the leadership of Venetia Taylor BL, also has a full agenda over the year ahead to support and represent the views of our younger members. One-third of members of the Law Library are in practice for less than seven years and the Council is determined to do all that it can to support the endeavours of the YBC. Professional fees The Criminal State Bar Committee is anticipating that formal negotiations on professional fee matters will commence shortly now that the successor to the Lansdowne Road Agreement has been passed by the public service unions. This was the commitment given by the Department of Public Expenditure and Reform in consideration of the comprehensive submission made by the Council in March 2016, which called for a reversal of the deep cuts to professional fees applied during the period 2008-2014. In relation to civil legal aid, a submission on Paul McGarry SC matters arising in that area has yet to be completed and submitted, and will be Chairman, prioritised by the new Civil State Bar Committee for this term. Council of The Bar of Ireland 120 THE BAR REVIEW : Volume 22; Number 5 – November 2017 EDITOR’S NOTE NEWS Insight and John Philpot Curran commemoration On Friday October 13, 2017, The Bar of Ireland and The Honorable Society of information King's Inns held a commemoration dinner to celebrate the 200th anniversary of the death of John Philpot Curran (1750-1817) in The Honorable Society of From the workings of the AG's office to King's Inns. Over 100 guests were in attendance to celebrate the life and work the Victims' Directive, this edition contains of John Philpot Curran, including Attorney General Séamus Woulfe SC, senior members of the judiciary and members of The Bar of Ireland. A wreath laying interesting and important information. ceremony was also held on Saturday October 14 at the In our first edition of the new legal year, our focus is on the new Attorney gravestone of John Philpot General, Séamus Woulfe. In our exclusive interview, we carry a unique Curran in Glasnevin insight into the daily life of the chief law officer of the State as he shares Cemetery. his perspectives on the challenges facing his office in the era of 'new Turlough O’Donnell SC, Jane politics' and Brexit. McGowan BL and Amy Damages awards are always squarely in the spotlight when any discussion Deane BL read excerpts from turns to rocketing insurance premiums. In this edition, an experienced High John Philpot Curran's Court judge debunks the myth that this is as a result of inflated court speeches including 'Speech Liam McCollum QC, Chairman of the Bar of awards. Mr Justice Kevin Cross drills down into the facts and figures, and on the Right of Election of Northern Ireland, and Mary Rose Gearty SC, laid concludes that awards have fallen, not risen, over the past number of years. Lord Mayor of the City of a wreath at John Philpot Curran's grave in This time of year has its share of stresses for anyone who is self-employed. Dublin' (1790). Glasnevin Cemetery. Taxes must be paid, pensions fed and in a profession that relies on projecting confidence and certainty, we frequently fail to fully recognise the extent to which stress weighs on our daily lives. Our closing argument discusses recent initiatives taken by the Council of The Bar of Ireland to encourage all members to avail of measures to improve our physical and mental health. The Victims' Directive has had major ramifications for practice in criminal courts. The aim of the Directive is to focus on the rights of an injured party at every stage of the criminal process. We get the lowdown from the perspective of the Office of the DPP on how the Directive is having an impact in practice.
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