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The Right to Light Has Been V Betts) LAW SOCIETY GAZETTE LAW Having your collar felt Jolly green giant #21st_century_courts Recent white-collar case law New energy efficiency rules An Australian court is has given criminal lawyers will have implications for all embracing social media in something to go on building-sector stakeholders the name of transparency • Vol 108 No 1 • Vol gaLAW SOCIETY ette€4.00 JAN/FEB 2014 JAN/FEB 2014 WINNER THE RIGHT TO LIGHT Law Society of Ireland Breaches could leave developers in the shade gaLAW SOCIETY ette law society gazette www.gazette.ie Jan/Feb 2014 president’s message 1 GETTING IT RIGHT t is hard to believe that two months have passed since I was appointed as president of the Society, but it has been a very busy time so far. Prior to my appointment, I had chaired the task force looking into the future of the Society in light of the Legal Services Regulation Bill. That task force reported to Ithe Council in July of last year and its report was adopted in full. Acting on the report’s recommendations, already the Society has taken steps to beef up its representational role. A programme has also begun to improve how the Society delivers services to its members, and a pilot scheme is under way to assist solicitors in competing for the provision of legal services on the web. The conclusion of the commitee stage of the Legal Services Regulation Bill by the Justice Committee will be on 12 February next. At It would be a the time of writing, we await sight of the draft amendments to be considered by the committee serious breach on that date. of citizens’ rights to Independence of the legal profession Pace of progress allow the Government is the cornerstone of a democracy. That Many people have been critical of the rate of ‘access to their independence is pretty much worthless progress of the bill and, indeed, many of the if a government, through its agencies or substantive issues that were to have been dealt legal advice in any way, can gain access to the files of with in the committee stage have been postponed citizens held by their lawyers. Over 50% to the report stage for consideration but, in fairness to the of the litigation in this country is conducted by or against minister, he has always maintained that the first draft of the bill the State, and it would be a serious breach of citizens’ was just that: a draft. If the minister is good to his word and rights ’to allow the Government access to their legal advice. has considered all of the sensible amendments put forward by Legal professional privilege is the right of the client, not the Law Society, it will, necessarily, have taken his department the entitlement of the lawyer, and it must be protected as a significant amount of time to accommodate many of the such. suggested improvements to the first draft. The minister had indicated at committee stage that he Whatever the pace of progress of this bill, it is far more is taking legal advice in relation to this matter and is open important to the profession and the public that the minister and to amendments in relation thereto. Any dilution of the his department get it right than that the Government is seen citizen’s entitlement to legal professional privilege will be to pass a bill quickly. There is too much at stake here for this strenuously resisted. matter to be rushed at any stage. Threat to independence Significant cause for concern Of similar concern is the expressed intention of the The transfer of staff, the setting up of the complaints-handling minister, which is not contained in the bill, to enable apparatus, the start-up costs of the regulatory authority, and ‘alternative business structures’ to be established in the the ongoing costs of complaints handling are matters that are legal profession within this jurisdiction. Independence of of significant cause for concern for the Society, and on which the legal profession is threatened by such structures, which detailed submissions have been made to the minister. would enable third parties to invest in law firms. He who In addition, a separate strong submission has been made pays the piper calls the tune, and there is untold conflict in relation to sections 15 and 17 of the bill, as drafted, which awaiting the new Legal Services Regulation Authority contains an attack on legal professional privilege. if third parties are allowed to invest in law firms. John P Shaw President 2 CONTENTS law society gazette www.gazette.ie Jan/Feb 2014 gaLAW SOCIETY ette • Vol 108 No 1 No 108 Vol • GAZETTE SOCIETY LAW Having your collar felt Recent white-collar case law has given criminal lawyers Jolly green giant something to go on New energy efficiency rules will have implications for all #21st_century_courts building-sector stakeholders An Australian court is embracing social media in the name of transparency 44 gaLAW SOCIETY ette€4.00 JAN/FEB 2014 cover story JAN/FEB 2014 2014 JAN/FEB 28 Blinded by the light How can you protect a right to light in the built environment? And what is a right to light? Terry O’Malley turns to the dark side WINNER THE RIGHT T Law Society of Ireland of Society Law O LIGHT Breaches could leave developers in the shade 22 features 32 Aid memoire 40 Collared! The Courts and Civil Law (Miscellaneous The dearth of sentencing in white-collar Provisions) Act 2013 addresses the need for crime has meant that practitioners have legal aid to the next-of-kin at inquests into had relatively little to go on when advising deaths occurring in circumstances where clients. But recent cases have changed all it appears that agents of the State are that. Dara Robinson points the finger implicated. Pádraig Cullinane explains 44 Memory man 36 Green light When he retired last December, The new Energy Efficiency Directive has Bandon-based solicitor Edward broad implications for all building-sector O’Driscoll was one of the longest-serving stakeholders and their legal advisors. practitioners in the country. Mark 32 Heather Murphy gives the green light McDermott met him at his office Law Society Gazette Volume 108, number 1 law society gazette Subscriptions: €60/€90 Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretaries: Catherine Kearney, Valerie Farrell All cheques should be made payable to: Law Society of Ireland. Printing: Turner’s Printing Company Ltd, Longford Editorial board: Michael Kealey (chairman), COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Mark McDermott (secretary), Mairéad Cashman, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] Paul Egan, Hilary Forde, Richard Hammond, Mary Keane, Aisling Kelly, Teri Kelly, Tracy Lyne, HAVE YOU MOVED? Members of the profession should send change-of-address details to: Patrick J McGonagle, Aisling Meehan, Heather IT Section, Blackhall Place, Dublin 7, or to: [email protected] Murphy, Ken Murphy, Andrew Sheridan law society gazette www.gazette.ie Jan/Feb 2014 CONTENTS 3 40 24 regulars 4 Frontline 48 Books 48 Book reviews: Consolidated Bankruptcy 7 News and Personal Insolvency Legislation and Banking Law 16 People 48 Reading room: updates from the Law Society Library 21 Comment 21 Letters 50 Briefing 22 Viewpoint: An Australian court is 50 Council report: 13 December 2013 making the most of social media 51 Practice notes 9 24 Viewpoint: Circuit Court examinerships 54 Legislation update: – are they the way forward for struggling 12 November 2013 – 9 January 2014 businesses? 56 One to watch: Inquiries Act 2013 57 Regulation 26 Analysis 58 Eurlegal: Copyright, technology, and 26 Human rights watch: Annual Human proportionality; recent developments in Rights Conference, 2013 European law 61 Professional notices 63 Recruitment advertising 64 Final verdict 21 Get more at Dislaimer FSC independently certified wood and paper products used by the Law Society Gazette The Law Society of Ireland can accept no come from ecologically managed forests. responsibility for the accuracy of contributed Visit: www.fsc.org www.lawsociety.ie articles or statements appearing in this magazine, Gazette readers can access back issues of the and any views or opinions expressed are not PEFC certifies that wood and paper products magazine as far back as Jan/Feb 1997, right necessarily those of the Law Society’s Council, used by the Law Society Gazette are sourced save where otherwise indicated. No responsibility by suppliers from sustainable, managed up to the current issue at www.gazette.ie. forests. Visit: www.pefc.org for loss or distress occasioned to any person acting You can also check out: or refraining from acting as a result of the material The Law Society Gazette is a full participating • Current news in this publication can be accepted by the authors, member of the Press Council of Ireland and contributors, editor or publishers. The editor M supports the Office of the Press Ombudsman. R • Forthcoming events, including the Law Society s e e reserves the right to make publishing decisions on cy in This scheme, in addition to defending the cle Magaz Annual Conference 2014 in Dromoland Castle, any advertisement or editorial article submitted to freedom of the press, offers readers a quick, fair and free method of dealing with Co Clare, on 25/26 April this magazine, and to refuse publication or to edit • Employment opportunities complaints that they may have in relation to ar- any editorial material as seems appropriate to him.
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