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Kathryn Culhane-Tipper talks about potential regulation of crypto- currencies

INSIDE THIS ISSUE

Scott Murphy talks about the Legalisation of Israeli Apartheid

Interviews with Anthony Whelan, Gavin McLoughlin, Aoife O’Reilly and Darragh Hyland

Social Section: Caoilainn McDaid talks about Trinity FLAC and TCDSU Student Sleep-out for the Peter McVerry Trust

The Eagle Gazette Volume 5 Issue 1 · 1 Foreword This is the fifth volume of The Eagle, and the fifth editorial board for their industrious work. I’d also year that free copies of it will appear in the Arts like to thank Dr. David Fennelly of the Law School Block, which means it’s been around for the duration for connecting us with alumni, Ivan Rakhmanin of our time in college. Whether for insight on current for his photography work and help with our blog, political issues, guidance on future career options, or and Sulla Martes for designing the issue. Finally, a glossy high quality photos of you and your friends massive thank you of course to Allen & Overy for at memorable college events, we hope you’ve had their generous sponsorship and continued support. some use for it! All the past editors have added their On behalf of the editorial board, I welcome you to own touch to the publication, leaving a legacy with Volume 5 Issue 1 of The Eagle: Trinity Law Gazette! little room for improvement. This year, I focused on maintaining the more recently established Eagle blog, featuring original content and information on Mary Murphy how to get involved with us, as well as adding to it soft copies of all The Eagle issues to date. We’re also delighted to have our first environmentally friendly edition of The Eagle. Thanks to Grehan printers, Volume 5 Issue 1 is printed on 100% recycled paper, and using vegetable based inks. It’s certainly something we hope to make a tradition! I’d like to thank all contributors to this issue, and the deputy editor Caoimhe Daly, as well as the rest of the

Contents

Editor in Chief Virtual Currencies – Time to Regulate the Self-Regulating? 3 Mary Murphy The Nation-State Law: The Legalisation of Israeli Apartheid? 4 Why Criminalising the Homeless is Not the Answer 5 Deputy Editor A Note on Recent Breaches of the Caoimhe Daly UN Convention Relating to the Status of Refugees 7 Interview with Anthony Whelan 8 Editorial Board Interview with Gavin McLoughlin 10 Feargus Campbell “The Youth Quake” – Changing Ireland Vote by Vote 11 Tasin Islam Thea Lawler Interview with Aoife O’Reilly 12 Robyn Maher The Implications of the Caoilainn McDaid Childcare Crisis on Constitutional Rights 14 Lucy Mockler Interview with Darragh Hyland 15 Ciaran Moore Surrogacy in Ireland 16 Olivia Moore Studying Law Abroad: Notes from Suzanne Flynn 17 Orla Murnaghan Interview with Kevin FitzPatrick 18 Kate Nolan The Social Section 20 Kevin Seery James Watson

Photography Ivan Rakhmanin All the opinions expressed are that of the authors and not of The Eagle. Design Sulla Montes

2 · The Eagle Gazette Volume 4 Issue 1 Virtual Currencies – Time to Regulate the Self-Regulating? cryptocurrencies. The legal concept of currency is inherently tied to the idea of a legal framework for the KATHRYN CULHANE-TIPPER purposes of issuing banknotes and coins. Secondly, JS LAW the State’s power to regulate the monetary system is seen as a key feature of legal currency. The nature of Bitcoin contradicts this traditional understanding of Virtual currencies, also known as cryptocurrencies, currency. have grown in prominence in recent years. Ireland Criticism of Bitcoin has centred on it being acquired its first Bitcoin ATM in Dublin on March considered as a financial instrument, rather than a 13th 2014, and its first native cryptocurrency, the sui generis currency, and its unique nature wherein it “Gaelcoin”. These measures reflect the emergence of can be viewed as both a commodity and a currency. what is known as a “bitcoin bubble”. Bitcoin currencies Arguably, since fiat currency derives its value from are digital representations of value that are not government regulation rather than the backing of a recognised as legal tender and remain unregulated tangible commodity, it is devoid of an intrinsic value in Ireland. However, such self-regulating currencies just like cryptocurrencies. However, until virtual have proved popular with investors and as of 2018, currencies are protected under Irish legislation there are 1,623 currencies available online. and international instrument, Irish consumers are This popularity has not gone unnoticed; two recent left without a legal safety net. Concerns have also publications on cryptocurrencies indicate a desire been voiced regarding the absolutely devastating by the Government and Central Bank to adopt a effect it has on the environment, with ‘mining’ constructive approach to this area. The Department cryptocurrency having more than twice the energy of Finance, in its discussion paper “Virtual cost of mining copper or gold. Currencies and Blockchain Technology”, noted the This immense vulnerability associated with virtual opportunity to equip Ireland with a competitive currencies is demonstrated by the fact that Irish advantage in securing Foreign Direct Investment consumers who use them to pay for goods and in distributed ledger technology companies, which services are not currently protected by many EU is aligned with Ireland’s IFS 2020 strategy to foster laws. Specifically, virtual currencies do not fall opportunities in international financial services. within the ambit of protection guaranteed by current Furthermore, the Central Bank’s Director of Policy provisions, namely; the Consumer Protection Act and Risk argued that despite the risks, it is important 2007, the European Communities (Unfair Terms to consider regulation so the potential benefits can in Consumer Contracts) Regulations 1995, and the be assessed. Sales of Goods and Supply of Services Act 1980. Virtual currencies, such as Bitcoin, currently exist This opens up the possibility for virtual retailers and in a legally grey area. Virtual currencies are not hackers to take advantage of this vulnerability with compatible with statutory definitions of currency, little legal consequence. The Irish Government has nor has the Oireachtas legislated for practical made it clear that the introduction of regulation of controls to be implemented to regulate the purchase cryptocurrencies in Ireland will be driven by the and use of Bitcoins. Regulators such as the European Irish Central Bank and developments at EU level. Parliament and the International Monetary Fund In this regard, Ireland will be required to amend [IMF] have raised concerns about Bitcoin ever existing anti-money laundering regulations by since its initial growth. The lack of protection for January 2020, in light of the Fifth EU Anti-Money cryptocurrency users renders this a risky venture for Laundering Directive. potential customers. Arguably, if we view virtual currencies through the The aims of the regulatory bodies to bring Bitcoin lens of sui generis currencies, they could potentially be within the prerogative of oversight applied to regulated under Irish foreign currencies regulation. traditional financial bodies presents several This approach could provide a happy medium functional and political challenges. First, the insofar as it would be regulated, but not subject difficulties encountered in regulating and enforcing to the regulatory burden of a domestic currency. Bitcoin are reflective of the way society views However, if virtual currencies were viewed as a

The Eagle Gazette Volume 5 Issue 1 · 3 foreign currency then actions by the State to regulate them would be deemed as ultra vires. Additionally, this approach would recognise virtual currencies being regulated by the community rather than a centralised body and would see state acceptance of self-regulation, which could potentially create future problems. There is little doubt that virtual currencies are here to stay, and regulation is essential to gain a competitive advantage in this area. It remains to be seen what will happen going forward.

The Nation-State Law: The Legalisation of Israeli Apartheid?

SCOTT MURPHY Palestinians who became refugees during the Nakba SF LAW AND POLITICS fled to the Palestinian-controlled West Bank or Gaza; others fled to neighbouring countries while some remained in Israel. In the years following these events, the Israeli government implemented Few pieces of legislation have grabbed the world’s numerous laws giving different legal status and rights attention recently more than Israel’s Nation-State to people depending on their race. The most widely Law. Officially titled ‘Basic Law: Israel as the Nation- known example is the Law of Return, which offered State of the Jewish People’, the legislation passed Israeli citizenship to any Jew who immigrated to through Israel’s national parliament, the Knesset, Israel. Meanwhile, the Absentees’ Property Law in July of this year. While Israeli Prime Minister of 1952 legalized State confiscation of previously Benjamin Netanyahu lauded the bill as “a defining refugee-owned land during the Nakba. At the moment in the history of the State”, Palestinian same time, the Israeli Nationality Law of 1952 took activists across the world identified it as legalising citizenship away from these very same refugees. The apartheid. Israeli government’s aim of creating a Jewish State The Nation-State Law has three main objectives. for the Jewish people was certainly underway. Firstly, it declares Hebrew as the only official language The mass exodus of Palestinian refugees from Israel of Israel, demoting the Arabic language to merely has created significant humanitarian problems for having ‘special status’. Secondly, it declares that only the areas to which they fled. The case of Gaza is one Jewish people have the right to self-determination such example. Consisting of an area just half the in Israel, denying this right to the twenty percent of size of County Louth, Gaza is home to almost two Israeli citizens who are Arabs. However, the final and million people, half of whom are children. With the most controversial aspect of this legislation is that it Israeli military controlling the borders around Gaza, proposes that Jewish-only communities should be it is almost impossible for ordinary people to move set up across Israel with the aim of strengthening in and out of the area. For these reasons, Gaza is Jewish culture. regularly referred to as the world’s largest open-air The significance of this law cannot be comprehended prison. A study released this October carried out by without first analysing the key social, political and the apolitical non-profit body, RAND Corporation, legal aspects of the Israeli State’s modern history. revealed that a shocking 97% of water in Gaza is It was founded on 15th May 1948, following the not safe for drinking. Accounting for this issue and expiration of Britain’s formal control of the area. similar problems in the area, the United Nations Shortly after this came the Nakba, literally translated (UN) has estimated that Gaza will be uninhabitable as the ‘catastrophe’, when over 700,000 Palestinians by the year 2020. were either forced to leave their homes by the Returning to the Nation-State Law, it is important to Israeli military or fled from fear of persecution. An address the claims by pro-Palestinian activists that estimated 500 Palestinian villages were destroyed Israel is an apartheid state. The word ‘apartheid’ during the Nakba. was originally used to describe the institutionalised

4 · The Eagle Gazette Volume 4 Issue 1 racial segregation that resulted in the oppression Why Criminalising the of South Africa’s black population by the South African State, whilst simultaneously privileging the Homeless is Not the Answer country’s white population. The UN’s definition of apartheid was adopted by the 2002 Rome Statute of GARETH FOYNES the International Criminal Court and is defined as JS LAW “Inhumane acts … committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other In various jurisdictions, with Hungary being the most racial group or groups and committed with the recent example to capture international attention, it intention of maintaining that regime.” has now become illegal for homeless people to stay Palestinian activists have called attention to the legal on the streets. Proponents of such law justify it as and social discrimination aforementioned, as well a means of reducing the number of people that are as other factors such as the existence of separate homeless, which presently stands at 100 million. This roads for Palestinians in the West Bank, as evidence is not only a vulgar approach, but also an illogical of Israel being an apartheid state. This analogy has one. It means that those who are most in need of help been endorsed by notable figures such as the South are least likely to obtain it. This in turn exacerbates African anti-apartheid campaigner Desmond Tutu the suffering of those affected by this problem. and leading Israeli historian Ilan Pappé. The methods various governments are Support for Palestinian rights in Ireland is high. utilising include implementing policies which prevent Senator Frances Black’s bill to ban the importation of homeless people from obtaining the necessities for goods from areas controlled illegally by Israel, most survival or schemes that force homeless people to notably the West Bank, passed through the Seanad leave the, usually urban, area. Not only does this in July of this year. Support for the BDS campaign place increased demand on services outside of the (Boycott, Divestment, Sanctions) which aims to excluded area to support the homeless, it also fails pressure Israel to stop the discrimination against the to tackle the root causes of homelessness, such as Palestinian people and to withdraw from the West domestic violence or unfair rent rates. Bank, is also high. BDS actions vary from refusing Further, some countries have introduced punitive to play against Israel’s football team to withdrawing measures such as fines against the homeless for investment from Israeli companies. The BDS begging or ‘loitering’, when they cannot even afford campaign is notably backed by Trinity’s student basic essential services. This practice has been body following a referendum held in March, 2018. reported in America for example, by the National The description of Israel as an apartheid state is Coalition for the Homeless. Such a sanction certainly a compelling one. With Israeli forces highlights how irrational and impractical this having killed about 150 Palestinian protesters so approach is for policymakers who genuinely want far this year, Israeli oppression of the Palestinian to tackle homelessness. Moreover, this method people is unlikely to stop any time soon without may likely exacerbate the homelessness crisis, as a significant international pressure. Calls to boycott criminal record makes it even more difficult to get a the Eurovision Song Contest in 2019, which will be home or a job. hosted in Israel, and the passage of Frances Black’s Rather than this draconian approach, we must Occupied Territories Bill, ensures that that this issue find a solution which does not breach the basic will continue to be highly relevant in Ireland and constitutional rights provided to all citizens. across the world in the coming years.

The Eagle Gazette Volume 5 Issue 1 · 5 6 · The Eagle Gazette Volume 4 Issue 1

050040_A&O_resize_210x297.indd 1 06/09/2018 10:12 A Note on Recent Breaches of Human Rights, in Hirsi Jamaa v Italy, its first judgment on the interception of migrants at sea, of the UN Convention held that Italy violated a number of provisions of Relating to the Status of the Convention by preventing refugees travelling in boats from Libya from seeking asylum. Yet by the Refugees time this case was decided, it was already too late for many of those on board. Italy has recently been accused of funding the Libyan coastguard in order EUNICE COLLINS to prevent refugees from reaching Europe, which SS LAW calls into question the extent to which supranational courts can really enforce the Convention in practice. The Guardian has reported that the newly-elected Despite the UN Convention Relating to the Status Italian Interior Minister, Matteo Salvini, ordered of Refugees (“the Convention’), under which the refugees to be moved out of the small Italian town signatories commit to protecting certain defined of Riace, celebrated as a model of integration around rights of persons granted asylum, political and the world, following the house arrest of the town’s financial concerns are leaving many vulnerable Mayor. This reveals that politics is as important for people without protection. refugee protection as the law. There is also a need for procedural protections and time management to Professor Kowalik of the University of Massachusetts avoid the type of delays seen in the Irish system of Lowell notes that being “considered illegal has not Direct Provision. stopped [refugees] from coming to the country; it has only stopped them from being protected within the Dr. Andrew Shacknove of Oxford University notes law.” This is regrettably true with regard to the recent that a surge in the number of refugees could prevent policy in the U.S. of separating asylum seekers and states from working towards permanent resettlement their children, reflecting the rebranding of ‘family for refugees, “financially exhaust relief programs,” unity’ as ‘chain migration’. A similar problem arises and decrease support for refugees within host from former U.S. Attorney General Jeff Sessions’ countries. However, the European and U.S. systems recent decision - pursuant to his authority under outlined above fail to adequately assess asylum the Immigration and Nationality Act to certify claims in a safe, fair and respectful manner. It is clear and review immigration cases - to reverse a ruling that political commitment to treating asylum seekers that granted refugee status to people fleeing from fairly is as important as legal protections, if not more domestic abuse in countries where the state did not so. A greater political commitment to protecting protect these victims. refugees is crucial in order to ensure the safety of people fleeing from war and persecution. However, legal protections on their own are not enough to protect refugees. The European Court

The Eagle Gazette Volume 5 Issue 1 · 7

050040_A&O_resize_210x297.indd 1 06/09/2018 10:12 Interview with Anthony Whelan Director for Electronic Communications Networks & Services at the European Commission, by Kevin Seery Why did you initially choose to study law, and where did you envision yourself going after you graduated? I hesitated a lot in my final years in school right up until filling out the CAO as whether to do law or architecture. I think the reason I was interested in either of those disciplines is that they both involved analytical thinking, but are simultaneously very hands on in their practice. I ultimately settled on law, and I’ve never looked back When I was thinking about what I would do after my law degree, I didn’t have a lot of information about my different options, I imagined myself in the two mainstream professions, and preferred the option of my hat in the ring. Ultimately it worked out and he a barrister as I have always liked a good combative asked me to join him. exchange be it in writing or orally. It was a relatively unplanned move, and what I would However, I was not aware at the time of the draw from it is that you should never be too rigid importance of analytical expert opinion work when in your career planning, opportunity may come up you’re a barrister – although I think that may have and it can be great to capitalise upon them. I’ve never changed over the years with developing of expertise regretted making this career move as it was interesting in solicitors – , nor did I know about the options to to move to another country I wouldn’t have ended be an in house lawyer in various lines of business or up living in otherwise, and it also opened up many public service. other doors most in other European Institutions. One thing any young lawyer should be aware of from Your current role is the Director for Electronic the early days is that a law degree opens multiple Communications Networks and Services, can you doors and not just the most obvious ones in the speak a little about what your current job entails? profession. Director for Electronic Communications Networks You’ve enjoyed a rather unique career trajectory, and Services is a long and obscure title for what most initially qualifying as a barrister, then going on people still call telecoms. My department, versus to lecture in Trinity, before pivoting in a more other technology based departments in the European EU orientated direction, taking up a job as a legal Commission, is rather unique as broadband secretary in the Chambers of an Advocate General networks are physical, and like any infrastructure at the European Court of Justice. Can you speak a they are rooted in the place they are installed, so little on how this pivot occurred and what inspired just because you have it in Dublin doesn’t mean you you to pursue a career in the legal system of the have it in Clonakilty. We work towards creating a European Union? common European framework in this area in order Well in a way it did come out of nowhere. I had that competition to deploy networks can function always been quite interested in European Law while in a broadly similar rulebook across the EU. This studying it and during my academic career, and I includes things like providing players like Vodafone had done some teaching and writing in the area or Sky access to the Eir Network in Ireland as it is particularly surrounding the interface between EU built to be dominant across the country. Building this Law and Irish Constitutional, and Public law framework also extends to more cross-border things such as our ten-year campaign to reform roaming So when Nial Fennelly was appointed to Advocate charges which we finally closed in summer of last General for the European Court of Justice and word year. This also extends to relatively new issues like went round that he would be putting together a net neutrality, ensuring those who run the networks cabinet, I decided, a bit opportunistically, to throw 8 · The Eagle Gazette Volume 4 Issue 1 which are so vital to the online economy do so in and operate legally across the entirety of the EU far an even-handed way and don’t favour their own more easily if they have a common rule base against services, for example they don’t try maintain their which to develop compliance of their services. own mobile phone revenues by blocking competing Finally, you’ve worked in a number of EU online voice communication services. Institutions in a legal role, what advice would you On an individual level, this entails sitting in on give to a law student who would ultimately like to legislative activity such as discussions in the pursue a career in the EU Law framework? European Council and Parliament, and also I think it is worth noting from the outset that I secondary regulatory activity such as supervising actually felt rather well prepared for my roles in the the draft decision making of national regulators such EU Institutions from my four years study in Trinity as ComReg, and influencing their decisions in areas plus my three or four years on Trinity staff. I believe such as allocation of radio frequencies for services Trinity College law school is a relatively multicultural like 5G communication. We also ensure they are environment in itself, and courses such as Law and compliant with European consumer protection rules German and Law and French provide a good basis in the telecommunications area, such as for example for seeking a role in EU Institutions. your right to switch operator and bring your number with you. Other than that, one thing I would suggest, be it through Erasmus or postgraduate studies, is to In your role as Director for Electronic take the opportunity to study in another cultural Communications Networks and Services, you’re environment. Even though much international creating a regulatory environment to facilitate the study these days is now done in English, and by the EU’s goal of creating a Digital Single Market. Can way much business done within the commission is you speak a bit on what the Digital Single Market done in English and I don’t think that will change is and why it is something the EU is pursuing? with Brexit, simply rubbing up against people The Digital Single Market, like any single market, with somewhat different cultural baggage and is designed in such a way to make sure that the expectations is a good preparatory step in itself to framework of rules for online economic activity work in a multicultural institution. are set on a common European basis, while also On a more pragmatic note there are avenues of study reflecting social concerns important to European that can prepare you if it’s the EU institutions that citizens. Having a common set of rules has facilitated attract you. There’s a little bit of an old chestnut that a number of advantageous EU programs, such as the the College of Europe in Bruges is the preparatory earlier mentioned reform for roaming charges, and school for the European Commission, and I have Net neutrality regulations. plenty of colleagues who went there, so like most I think having a common regulatory framework clichés there is a little bit of truth in it, but it is by no is particularly important for the online economy means the obligatory path. There are very respectable because it is so immaterial. When dealing with online EU Law Courses at undergraduate and postgraduate services they can be deployed across some, if not all, level throughout Europe including in Ireland. member states almost immediately. They can expand

The Eagle Gazette Volume 5 Issue 1 · 9 Interview with doesn’t, and I carried that over to into the Gavin McLoughlin more hectic daily paper Business News Editor for The Independent, environment. Graduated from Law and Political Science in 2013, by James Watson You studied law and Why study law and not journalism from the outset? political science, however you are the I always wanted to do Journalism. I chose Law for business news editor two reasons. In 2009 there was a lot of fear about the for the Independent. future of journalism and where it was going to go. It Where did the switch was seen as precarious employment. I was interested from politics to in the law, so I thought if journalism didn’t work out business happen? that would be something to fall back on. The second reason was in the event that I did manage to get into It was a bit of a fluke to be honest. I didn’t even journalism after the four years, I thought law would study business for the Leaving Cert. I always saw give me a lot of skills that would come in handy; myself getting into political journalism or sport, critical thinking and analysis in particular. I ended it just happened that business news was where up doing a masters in journalism in DCU. an opportunity came up. The Independent had a programme called the ‘Cadetship’ programme and Do you have any particular highlights from your two places came up for Cadets in business news. time in Trinity? They approached me, I met the business editor at the The Law School Cabaret, for sure. That was always time and I managed to get a job. It wasn’t where I good fun, I found myself up on stage a few times for thought I’d end up but when the opportunity came that. You also meet a lot of interesting people, my up I had to jump at it. I’ve stuck with it ever since. class were always talking about different things and Do you think your law degree from Trinity gave I found that engaging with the people around me, you the skills you need to succeed as business news my classmates in particular, was very intellectually editor? stimulating and definitely helped to hone my critical thinking skills. Definitely. It’s a bit of a cliché but a lot of the Leaving Cert is about learning stuff off by heart, trying to You’ve had a very storied career since graduating predict what is going to come up and tailoring in 2013, could you describe the route you took your study towards that, whereas I definitely think from then until now? Trinity helped to develop my critical thinking; Law I started out on the Cadet Programme in the Irish in particular more than Political Science. Studying Independent. The daily paper and the Sunday paper law makes you flexible, you have to be able to argue are two different beasts. I did six months on the daily from either side of the facts you’re given. That’s really and six months on the Sunday paper for my cadetship. given me the edge in my career. After that, thankfully, they decided to keep me on. What advice would you give to someone who I spent three years at the Sunday Independent. The doesn’t want to go down the “traditional route” Sunday Independent was great because there’s only after their Law degree? one paper a week so there is time to think about things and to get out and meet people. That’s where Once you know what field you want to be in, think all of the best stories come from, getting out and about what your entry route is into that profession. It meeting people. Stories are about relationships with may be that you have to do further study, you might people and when you’re working for a Sunday paper have to go into a graduate programme. The key is you have time to build those relationships. The figuring out your entry route, how you’re going deadlines aren’t the same as the daily paper. I wrote to get in. It’s no harm if you get a chance to meet for the Sunday Independent for three years and that someone working in the industry you want and chat helped me to get into the habit of developing sources to them. I would encourage people to seek advice and good journalistic practices. Then, a job came from someone in your target industry and to take up in the daily paper as Business News Editor, which their advice on board. Events like GradLink, run by I got. I’ve been doing that for six months now. The the Law School, are a great opportunity and they pace of life is a little bit quicker but that time I spent give students the chance to meet people in different at the Sunday paper gave me a good base of contacts, industries. let me observe things and see what works and what

10 · The Eagle Gazette Volume 4 Issue 1 “The Youth Quake” – Changing Ireland Vote by Vote

OLIVIA MOORE JF LAW AND POLITICS

One of the defining features of the Irish government Recession, demanding politicians to take heed. But and legal system is our use of referenda to amend the even since 2002, the Irish National Election Study Constitution. Some view it as tedious, impracticable (INES) shows that the national trend of turnout and even idiotic to provide direct participation to the amongst young voters is on the rise. Schemes like presumably “uninformed” public in matters usually the European Youth Parliament and Model United delegated to the government. However, most view Nations, political youth wings, youth conferences it as a way in which citizen control over their own and youth organisations could be a factor, as they destinies is heightened, further enabling expression encourage deliberation, debate and discussion with of personal beliefs and views. One cohort who have a view to politically educate young people. Also, really come to understand and utilise referenda to universities in particular are hotspots for political their advantage is the under twenty-five age group. action, fostering involvement through societies and In regard to the recent referendum on the Eighth a range of events. A final factor worth noting is that Amendment, the data overwhelmingly shows that social media makes it easier for political ideas to young people came out in large numbers to support spread, and for people to examine the issues facing whichever cause they believed in. However, it is society. No better example can be provided than the obvious that the victory of the pro-choice side was, “Take Back Trinity” campaign which took place here in the words of Paul Murphy TD, “driven by young on home soil. people and women”, demonstrating Ireland’s drift It is evident that young people appreciate the “from social conservatism to progressive liberalism”. importance of the referendum and the direct power In a 66.4 percent Yes majority, according to exit polls, it gives us. It enables us to go beyond simply picking almost ninety per cent of voters under the age of and choosing our representatives in Dáil Éireann. twenty-five voted in favour of the repeal of the Eighth We ourselves, somewhat independently of authority, Amendment. It seems a hunger for progression is can decide what we require our set of authoritative stirring among the Irish youth. Furthermore, this codes to state. Young Irish people can, have and will appears to be a recent phenomenon, as although there change the law of our land to shape the Ireland that was a much higher than average youth vote in the we want to see in the future. This spirit of political 50.28 percent Yes vote to remove the constitutional change is rarely more powerful than that amongst prohibition on divorce in 1995, it was even more the young people of Ireland today. prevalent in the 62.1 percent Yes vote to extend civil marriage rights to same-sex couples in 2015. In this referendum voters between the ages of eighteen to twenty-four registered 84 percent for the Yes side of the referendum. This is further confirmed in the result of the referendum on blasphemy, in which 69 percent of voters backed the proposal to remove the reference to blasphemy from the Constitution. Again a large portion of young voters supporting this cause. A definite sway towards progressive ideals can be identified in the increasing votes favouring liberal policies. Liberalisation in Ireland is stronger than it has ever been before, leaving the long-held teachings of the Catholic Church in its wake. How has this come about? After the 2015 referendum, it was clear that a new politicised generation had arisen out of the ashes of the Great

The Eagle Gazette Volume 5 Issue 1 · 11 Interview with Economics and did an LLM (Masters in Law). I had really wanted to go to London, and lots of other Aoife O’Reilly people in my year were doing the same. I was lucky a trainee at Allen & Overy and alumnus of TCD enough to get some funding, so it ended up being an Law, by Kate Nolan easy decision. After that I stayed in London and got a job as a paralegal with Matrix Chambers. I then Why did you decide to study law? decided that I wanted to practice in the UK, so I did the GDL modules I needed to do (English Land Law I don’t really remember why I decided to study law, and Public Law) and applied for training contracts but pretty early on in secondary school I knew that in London. law would be the only thing on my CAO form. I was always interested in current affairs and politics, so Why did you decide to work at an international I think that studying law appealed to me because I commercial law firm such as Allen & Overy knew I’d be studying lots of interesting societal issues compared to other domestic commercial law from a legal perspective. I was also a big fan of Ally firms? McBeal and The Good Wife, so that may have had a It was a tough decision, and I had done some role to play… internships at some great firms in Dublin, which I’d What was your favourite aspect of studying law? really enjoyed. I think my decision may have been partially influenced by the fact that I was already I thoroughly enjoyed studying law. While lots of living in London at the time. I was really enjoying people think it is too academic and not practical living there, and I could see that while Dublin was enough, I think my favourite aspect of studying law getting more and more international, London was actually reading big constitutional law cases, like really was a massive international city. I was really TD v Minister of Education and Sinnott v Minister impressed by Allen & Overy’s training programme for Education, and seeing how judges can come to and its international outlook-- the opportunities such different conclusions on what the law actually to do secondments in international offices around means. And I enjoyed the fact that you were then the world as a trainee is testament to this. I also felt asked to write essays where you had to justify what that I would get exposure to different markets and you would have decided. It really is an excellent areas of law at A&O. For example, in my first seat discipline for developing critical thinking skills. I was involved in lots of project financing projects What was your least favourite aspect of studying in Africa, supported by development banks and law? institutions. I’m not sure I would have worked on a The reading lists! They could be fairly unwieldy. I similar deal in an Irish commercial firm. I was also used to split the reading lists with a few friends and very much drawn to Allen & Overy because the pro we would all take notes on our various assigned bono projects that their lawyers, including trainees, readings that we would then share with each other, get involved in are really impressive. I really enjoyed but even getting through my ¼ often felt like an studying subjects like human rights law when at impossible task in the weeks leading up to exams. university, so being able to do human rights research and take part in various access to justice projects as If you could give your first-year self one piece of an A&O trainee has been great, and not something advice, what would it be? I’m sure the domestic firms are offering just yet. I would tell myself not to be worried about the fact What area of law do you most enjoy working with that the grade I received for my first essay was pretty in Allen & Overy and why? poor. I, like all first year law students at Trinity, had been used to doing well in school and getting good I think litigation has been my favourite area of law marks, so I was definitely a bit disappointed to get so far. We advise on a whole range of commercial my first piece of work back. However, studying law is and regulatory issues, so I am constantly being a bit like learning a new language or skill. It is craft, asked to research niche areas of law, often with a and it certainly took me a year to get my head around international element. I always enjoyed reading the what lecturers were looking for, but I got there in the law and researching legal points when at university, end. so I really enjoy the legal research element of the job at A&O. At the same time as doing research, I will What did you do after graduation (further study, usually be assisting with the preparation of cases for FE-1s, travel etc?) courts and arbitrations as well, so my day is always After graduation I went to the London School of very varied.

12 · The Eagle Gazette Volume 4 Issue 1 Credit: John Reynolds http://www.clickclickclick.net/ What advice would you give to a law student chances are the client is going to want it done at 9am currently unsure of their career plans after they in their time zone! Often it will be my job to arrange graduate? meetings, so trying to navigate various time zones My advice would be to not worry too much about when you throw daylight savings into the mix can being unsure. I certainly didn’t know what I wanted be difficult! to do when I graduated. There can be a tendency to Do you think that Brexit will have an impact on the think that it is end of the world if you don’t have a workload of international law firms, in particular training contract in your back pocket by the time you those specialising in transactions between the UK get to graduation, but I completely disagree. Training and the EU? contracts are big commitments, so it is no issue if Yes – Brexit will definitely have an impact, but I, like you need to take some time to decide what is right everyone else it seems, have no idea what impact it for you. There is a wealth of information out there on will have. I think it will generate a lot of extremely careers websites and there are constantly interesting interesting advisory work for UK firms in the short people visiting Trinity and careers events being held, to medium term anyway. After that, it will depend so try to be proactive and inform yourself about what on how commercial entities decide to continue to your options are, but I wouldn’t be concerned if you conduct business. UK law is commonly chosen aren’t sure about what you ultimately want to do now. to govern international commercial contracts. I didn’t start my training contract at A&O until I was Assuming that UK law continues to be popular 25, and I’m so glad that I gave myself the time to do with businesses, then international firms in the UK further study and take up other interesting legal jobs. should still have plenty to do going forward. If you are certain that you want to be a solicitor or a barrister when you graduate, then that is great. But If you hadn’t chosen to study law, what career if you aren’t then it is definitely not worth stressing would you have pursued? about. I think I would have become a maths teacher. Maths What are the particular challenges associated with was my favourite subject in school, and I really working in an international law firm? liked giving maths grinds when studying at Trinity, including as a tutor with the Voluntary Tuition I guess the time zone differences can be challenging. Programme (VTP). I always found it so rewarding If you are trying to get a deal done in Turkey, for when students who used to hate maths started to example, it may mean that you’ve got a pretty early enjoy it. start on the day a deal is signing or closing, because

The Eagle Gazette Volume 5 Issue 1 · 13 The Implications of the Childcare the state is effectively disincentivising couples from Crisis on Constitutional Rights having children, thereby breaching its constitutional promise. In fact, one may argue that the government is more interested in fulfilling their promise to THEA LAWLER “endeavour to ensure that mothers shall not be SS LAW AND BUSINESS obliged by economic necessity to engage in labour to the neglect of their duties in the home” in Article 41.2. This provision is based around the archaic Supporting parents with young children may be more notion that women should not be working, or rather than simply a question of fair policy on the part of the that they should only be working in the home. The state, but rather an issue of upholding constitutional government is inadvertently reinforcing detrimental obligations. Basking in what some may call the return gender roles by not providing parents with adequate of the boom era, the government’s 2018 budget aims support. to solve what is, arguably, one of the biggest social The childcare crisis does not just affect caregivers but issues in the country-- that of affordable childcare. also affects children themselves. If the government Whereas other countries enjoy heavily subsidised fails to adequately fund parents in financial difficulties childcare, the costs in Ireland are some of the highest then those burdens are imposed on children - in Europe, with Dublin parents paying on average children are the ones who feel the impact of not €600 per month. Parents of children between the ages having enough food at home, not having sufficient of 24 weeks and 36 months can currently avail of the school supplies and not receiving adequate care. €20 weekly universal childcare payment. However According to Barnardos, 1 in 7 children in Ireland under the Early Childhood Care and Education are lost in poverty, homelessness and neglect. It is the Scheme, only those on net incomes of €22,700 government’s responsibility to combat this crisis. In or less can qualify for the full subsidy of €200 per Article 40.3.1 of the Constitution, the state guarantees week. Under the 2018 budget, this cut-off will rise to that it will respect, vindicate and defend the personal €26,000 in an effort to “poverty proof” the scheme. rights of every citizen, and this provision includes Next year, when the changes are put into force, 7,500 children. And surely children are most dependent children will qualify for the scheme for the first on the state’s care, due to their inherent vulnerability time, while an additional 40,000 will receive better and need for protection. It is not simply a question subsidies from the government. This represents an of waiting until children reach adulthood so they can attempt at a much-needed solution to the issue of work, contribute to society and fund their lives. The expensive childcare. This issue, though seemingly long-term psychological consequences of poverty benign, in actuality has huge social ramifications for in childhood are well-known, and a failure to give women’s rights and for the poverty line which cannot children proper educational support will leave them be ignored. with lifelong disadvantages in terms of literacy and The escalating childcare costs have serious numeracy. If the state does not support children ramifications for the rights of women today - the now, then in 20 years’ time, they will be faced with a high expense of childcare means that for many much more problematic issue. Such support can be parents, it is simply not a financially viable option. most effectively given by subsidising childcare and Hence, the solution seems to be that one parent will primary education. Whilst the improvements to the stay at home whilst the other goes out to works, budget demonstrate a positive attitude, in reality it’s and because of the gender stereotypes embedded only a drop in the well with regards to the bigger in our society, the stay-at-home role usually falls issue. to the mother. The extremely high costs of having The government bears a sizeable responsibility to children, and the government’s unwillingness to help make affordable childcare a reality for parents. assist financially, is effectively depriving women of This obligation is based on its role in combating social choice. They cannot “have it all” - they must choose issues such as poverty and inequality, but it also has between having children and having a career. It may its roots in economics. Today’s generation of children be argued that such an onerous decision breaches will be tomorrow’s generation of workers. If the state their constitutional rights. In Article 41.1.1 of the expects an educated and efficient workforce for the Constitution, the state binds itself to protecting the future then it is imperative they make the financial family as it is the “natural primary and fundamental investment now. If they want to reap the rewards unit group of society”. However, by not adequately in 20 years, they must sow the seeds today. The supporting parents by providing affordable childcare, simplest and most effective way this can be achieved

14 · The Eagle Gazette Volume 4 Issue 1 is by providing affordable childcare. This is a duty commute to and from the office! In New York, it the government must discharge to be economically really feels like we are on the frontline, representing efficient and to uphold the constitutional rights of its both the firm, and the country more generally. citizens. Deal origination is very exciting, and I really enjoy discussing potential ideas with the team. I have learned about the value we can bring to US clients Interview with who are considering using Ireland as a base from Darragh Hyland which to access the European market, and because Trinity LLB, 2013 this seat is both a corporate and a banking seat, I have been exposed to a variety of exciting transactions. Why Law? I studied Law in college because it felt like a good fit. I played a lot of sport growing up and I always Surrogacy in Ireland enjoyed competing and challenging myself. I had a strong interest in English and public speaking in secondary school. I did the internship in McCann NATHAN O’REGAN FitzGerald in the summer of my third year and I SF LAW AND POLITICS experienced first-hand what a typical day could look like in McCann FitzGerald. I also interned in another large professional services firms. Having Surrogacy is seldom discussed in Ireland and at compared experiences I felt confident that a career present we have no law governing the practice, Under in a fast-paced and challenging legal environment current Irish law, a woman who gives birth to a child would ultimately suit me best. By that stage, I was is considered to be the legal mother of that child. If fortunate to have a traineeship offer from McCann they happen to be single, they are considered the sole FitzGerald and I had no hesitation in accepting it. parent and guardian of said child. If they are married to a man, the husband is considered the father unless Why McCann FitzGerald? proven otherwise by DNA evidence. During my internship, I was struck by the deeply This has been upheld by the Supreme Court. In the committed and professional approach to work in 2013 case of MR and DR v An t-Ard Chláratheoir, a McCann FitzGerald. You could sense that important couple donated their embryo to the woman’s sister so and innovative projects were being undertaken and that she could act as a surrogate. Following the birth of it was a privilege to be involved as an intern. The firm twins, the donating woman wished to be recognised was very welcoming and supportive too. Colleagues as the legal mother of the surrogate twins. The Court were also friends, and I was convinced that McCann held that, as surrogacy wasn’t recognised under Irish FitzGerald would be the best place at which to learn law, only the birth mother could be registered as the and progress. legal mother of the twins. This is despite the fact that, genetically, the twins were the children of those who donated the embryo. Irish family law provides a few ways to gain guardianship of children. One way is that if someone is married or in a civil partnership with the parent of the child concerned, or has been cohabiting with the parent for more than three years, they may be eligible to apply for guardianship. Other conditions such as demonstrating a shared parental responsibility for the child’s day-to-day care and consent from all the guardians of the child may also be required, but the Court has discretion in deciding what is in the child’s best interest. Life as a Trainee in New York It is evident that some form of legislation regarding I have had an amazing time in New York so far – it surrogacy is needed to clear up this grey area in really has been such a whirlwind! I thought crossing Irish family law. Many reports have called for this the Samuel Beckett bridge at 9 am in the morning citing legal, ethical and social concerns regarding was tough, but now I navigate Times Square on my this matter. In 2017, the Government approved the The Eagle Gazette Volume 5 Issue 1 · 15 General Scheme of Assisted Human Reproduction donation, assisted human reproduction and (AHR) Bill. This was a huge milestone for surrogacy research, posthumous assisted reproduction, pre- law in Ireland. implantation genetic diagnosis of embryos and This proposed legislation would allow for altruistic embryo and stem cell research. I look forward to surrogacy in Ireland but expressly prohibits seeing how this Bill will be debated and amended in commercial surrogacy, similar to the law in the the Houses of the Oireachtas, and we can hope that United Kingdom. Furthermore, the Bill requires that one day Irish families will have surrogacy as a safe the surrogacy be gestational which means that the and legal option here in Ireland. surrogate’s egg cannot be used to form the embryo. The Bill also proposes that a regulatory body be set up to authorise all surrogacy agreements and oversee Studying Law Abroad: Notes the consent of all parties involved in the agreement. from Suzanne Flynn The prohibition on commercial surrogacy has received some criticism, but I believe it facilitates SUZANNE FLYNN all couples having an equal chance to utilise JS LAW AND GERMAN AHR options regardless of their socio-economic background, and prevents financially vulnerable women being pressured into becoming surrogates. It is not often that a student of Law begins to miss In my opinion, having a Regulatory Authority to studying case law and the common law system, but it oversee the process will lend a degree of efficiency is safe to say that after an intensive immersion in the and legitimacy. Furthermore, the requirement for Civil Law System, researching case law is something the surrogacy to be gestational is appropriate. By that is very sorely missed. The German Legal System requiring a ‘genetic gap’ between the surrogate and is as one might expect, typically German, with the embryo, it eliminates many grey areas as to who rigid structures and very specific laws. The codified the ‘biological’ parent of the child is. If neither of the system encourages clear definitions and thorough intended parents can donate the gametes required clarifications and therefore requires intensive study for the embryo, the Bill does allow for donors. I also to become well versed in each area of the law. The believe the provision offering counselling to potential same of course can be said for the common law, surrogates is a worthwhile inclusion in the Bill as it although those cases are generally more vivid and would help to ensure that the parties involved can easier to remember. give fully informed consent to participating in the What struck me initially when I began to attend process. Overall, I believe this Bill is an incredibly lectures in Eberhard Karls Universität Tübingen, positive development in this area. was the profound eagerness of the students to That being said, I have a number of reservations about answer questions and contribute actively to the and criticisms of the Bill. The first is regarding the class. Lecturers employ the Socratic method and restriction of the women who may act as a surrogate, encourage participation very enthusiastically. It was specifically that they must be between the ages of 25 somewhat frightening to experience this, as it is and 47 and have previously given birth to a child. no secret that most Irish law students would much Surely if a woman is deemed eligible to give birth by rather not draw attention to themselves in lectures. a medical practitioner she should be allowed to act The philosophy of the law is constantly questioned as a surrogate regardless of her age or inexperience. by first-year students, who cannot wait to dive into Moreover, the language of the Bill seems to erase the BGB – Bürgerliches Gesetz Buch (Civil Law the existence and needs of LGBT people. It makes Code Book). Their questions become more specific frequent reference to the surrogate and her husband and bizarre as they ask how the law would apply and fails to mention same-sex couples anywhere. in certain instances. However, their enthusiasm is This clearly problematic considering that surrogacy something that I can learn from, as it is clear they is one of the only options for same-sex couples to get more out of the classes by actively participating. have a child. It should prove interesting to see how As an Erasmus student, an advantage of studying these issues will play out during the debates in the abroad is to meet people from all over the world as Dáil and Seanad. well as students from the host country. I am lucky Nonetheless, this Bill will hopefully prove a major enough to be in the company of a number of Italian step forward in the area of surrogacy, as well as students, all of whom enthuse about Ecclesiastical a range of others such as gamete and embryo Law while downing Espresso shots all through

16 · The Eagle Gazette Volume 4 Issue 1 Interview with Kevin FitzPatrick The Eagle’s Robyn Maher talked to recent Trinity Law Graduate Kevin FitzPatrick about his experience at King’s Inns How has your experience at King’s Inns lived up to your expectations so far? So far it’s absolutely exceeded expectations in pretty much every way. In terms of my general experience, it has been incredibly enjoyable so far. It’s not in fact too academic; it’s much more practice oriented, so lectures. Comparing legal systems in each respective it’s a lot less of just learning loads of statutes and country with other Erasmus students is beneficial case law and more teaching you how to be good both socially and intellectually, as my interest in the barrister, which I’m finding really interesting. With legal systems of the world grows. regards the people I expected there to be a fair few The language is the most challenging component insufferable ‘barrister’ types but all of the staff down of studying law abroad for me. As part of the Law the Inns are tremendous, my year group is lovely and and German degree programme, we are required the practising barristers I’ve come into contact with to spend a full year abroad in a German university so far have been really willing to help. The workload studying Law purely through German. The German itself is quite demanding to be honest, but I’m getting language itself is not the easiest to learn, and the used to it and it’s nothing that can’t be done by putting German legal language is particularly challenging, in the hours. but after just month of lectures, it has become easier The extra curriculars, such as dining, have been such and hopefully will continue to become more so. a great experience as well. There’s such a buzz for big One of the most interesting things about studying dining nights and it’s great fun getting to dress up in Law abroad for me is studying EU Law from a your robes and have a fancy 3 course meal with your German perspective. Given the political climate and class, and with wine! Germany’s role in the EU, the lectures are compelling What does your time at Kings Inns actually entail and invite students to do further research. The on a day to day basis? same goes for Human Rights Law, in which the evolvement of human rights is discussed at length, I’m doing the full-time course. On Mondays, we do with Germany’s role in the first and second World court visits in the morning and then in the afternoon Wars playing a part in the conversation. you have Irish classes-- don’t worry, there’s no exam!- - and then either ethics or conveyancing depending As a law student, I could not further recommend the on the week. The rest of the week will be focused Erasmus experience. Gaining a valuable insight into around one topic, such as negotiating, drafting, the legal systems of other countries is an extremely sentencing and so on. There’s an earlier and a later beneficial aspect of my degree that I know will serve group, with the early group in class from 09:00-10:45 me well as I continue my studies. and 13:30-15:15, the late group in from 11:00-12:45 and 15:30-17:15. You’ll generally have a good bit of reading to do during the break in the middle of the day, which is usually necessary to get the most out of the class-- and this time they mean it, it’s not like seminars. You actually really have to do the reading. The classes themselves are very interactive. They’re done in small class groups and involve a lot of participation. You also have to attend 5 dinings a semester, with the ‘benchers’, that is the members of the Superior Courts and Bar Council, in the marvellous dining hall. Traditionally, this was when you learned the law by talking to judges and barristers, but nowadays

The Eagle Gazette Volume 5 Issue 1 · 17 entrance exams you can defer your place should you want to work for a year first and then you can work part-time during the year. So financially, it’s not as terrible as people make it seem. Again I do live at home though, so for those not from Dublin there is obviously an added cost. There is the option to do the 2 year part-time course, which would allow you to work during the week and then attend classes in the evenings and on weekends. This is much more financially feasible but obviously takes longer to complete and requires just as much perseverance having to devote your free time to studying. The other financial worry again comes into play with devilling during your year-long unpaid pupilage. Traditionally you couldn’t work alongside this, but the Bar have eased up in this regard. However devilling is a full-time ‘job’, and an unpaid one, and working weekends would be seriously demanding. But not there’s not so much learning involved. Nevertheless, everyone who goes to the Inns goes on to practise it is a really interesting tradition and an entirely and there are plenty of other great opportunities that unique experience. The food and wine are excellent the B.L Degree can create. Also it’s not like barristers as well. do badly in the long run either. Sure, the lack of earnings in the short term is a concern, but you don’t Would you recommend getting any specific or hear of too many barristers going hungry. particular experience before starting at the Kings Inns? Overall, deferring or opting for the 2-year part time course are good options to help you cover the fees. Personally, I finished my finals in May of 2018, took a break and then studied for the entrance exams What qualities do you think are important to which are over 5 days in August. I passed and started possess when studying at the Kings Inns? in October. Some people have worked for a number This might sound strange - but friendliness, for one. of years, or decades, in various different fields before The people in your class at the Inns will become they decide to go to the Inns, so in that regard a law your colleagues at the Bar and will help you make degree from Trinity is enough experience. Partaking connections. You’ll get a lot of cases based on your in activities like moot courts and mock trials while reputation while practising, so making connections at College is definitely helpful, as we have to do is definitely important. Further, the course is a oral exams in advocacy. Yet that is by no means a lot easier if you can help each other through the requirement as you’ll be learning from the best at the workload. Again the course itself isn’t too academic Inns anyway. so putting in the hours is more important than A great concern for many about Kings Inns is intellect. Being able to do your research will make accessibility and the fees. Is it possible to balance you a good barrister, so it’s not entirely necessary to working alongside studying there? be a social butterfly; hard work will get you far and help build a good reputation in any profession. The financial element can be quite a deterrent. I live at home in Dublin, which is obviously a massive Public speaking is undoubtedly helpful and you really benefit. I do work part-time on the weekends and need to be able to contribute in class. Even being up other people will work in the morning before class for getting a drink after class, getting to know all of and/or on the lunch-break and/or after class. The the people in your year, making the most of your course alone can be quite exhausting at times, so dinings and not being afraid to ring up people to working alongside can be quite draining, but it’s devil with and generally embarrass yourself would not impossible. In fact, most of the people in the honestly be the important qualities to have. year do work alongside studying in some shape or Your knowledge of the law from a Trinity law degree form. There are some scholarships available as well and studying for the entrance exams is more than but only for a handful of students. If you pass the enough to get you through the Inns in that regard,

18 · The Eagle Gazette Volume 4 Issue 1 the rest is just getting comfortable speaking in front of people, and there’s no particular rush with that. The Social Section What would you say to those who are perhaps unsure if the Kings Inns is for them? Ask yourself: why did you choose to do a law degree Trinity FLAC and TCDSU and what do you want out of your career? The Inns is really enjoyable and you experience so many unique Student Sleep-out for the things and learn a multitude of great skills. The Peter McVerry Trust career options that it creates are, in my opinion, more On October 18th, Trinity FLAC in association with rewarding than a grad contract. Outside of the Bar TCDSU held their fourth annual Sleep-out in aid of itself, the Inns is a great to way to get a professional the Peter McVerry Trust. Over 20 participants slept legal qualification in a year if you want to end up in front of Trinity’s Front Arch in an event that had working in, for example, academia or within the EU. the dual aim of raising funds for the Peter McVerry The Bar itself then is obviously the logical career Trust while also allowing participants an opportunity choice. If you actually want to make a difference to show solidarity with the homeless community in people’s lives or eventually get on the Supreme and to deepen their understanding of the challenges Court, or even work a job that’s not just paperwork faced by rough sleepers. 9am-7pm. Bar work is constantly challenging; there The event started at 6pm, with participants gathering is always something new around the corner and at Front Arch before dispersing around the college realistically is what you probably imagined yourself and to Grafton Street with buckets, to collect much- doing when you signed up for law. Obviously, the needed money for the Peter McVerry Trust. The financial concerns are fair but for many it should Lord Mayor of Dublin Nial Ring came down on the be possible to work around them. The Inns is such a night to show his support, and we were joined briefly fantastic opportunity and if you’re not the office job by Trinity Senator David Norris as well. The bucket- type or you’d rather be self-employed, you should shaking continued until after 11pm, at which point really consider it. people began to settle down for the evening. It was a cold night, although thankfully the rain held off and everyone remained dry. It was clear that participants found the experience of sleeping out to be a sobering and challenging one, and that everyone recognised how fortunate they were being able to return home to a hot shower and a comfortable bed after their experience. Lord Mayor Nial Ring invited the Sleep-out participants and organisers to a reception in the Mansion House the following week. At this event, participants were given a tour of the Mansion House and had the opportunity to talk to the Lord Mayor as well as a representative from the Peter McVerry Trust. Trinity FLAC and the TCDSU are very grateful to all those who participated in or donated to the Sleep- out. With the housing and homelessness crisis that is currently gripping this country, nobody needs to be reminded of the importance of the work done by charities such as the Peter McVerry Trust each and every day, and we were glad to be able to show our support for this incredibly worthwhile charity. By Caoilainn McDaid

The Eagle Gazette Volume 5 Issue 1 · 19 Ruth Negga Talk a producer and do more work behind the cameras. Wherever the future holds, there is no doubt On Friday, October 19th, LawSoc welcomed Oscar- that Negga will face it with the same infectious nominated actor and Trinity alumnus Ruth Negga to enthusiasm which made her talk so enjoyable for all give a captivating talk at Regent House. Negga has had in attendance. Be it on the big screen or on the stage, an illustrious and varied career, from starring in TV Negga will continue telling stories that matter. shows such as ‘Love/Hate’ and ‘Agents of S.H.I.E.L.D.’ By Feargus Campbell to her portrayal of the eponymous character in the recent production of Hamlet at the Gate Theatre. Negga took time out of her busy schedule to discuss her life and career, providing the audience with a LawSoc Masquerave fascinating insight into the world of acting, before The brightly-lit Pav shone like a beacon against a giving those in attendance the opportunity to ask backdrop of inky darkness, its light flooding across further questions in a Q&A session. Trinity’s rugby pitch. Excited chatter echoed all From the moment that she began speaking, Negga’s around, charging the air around us with electricity. sheer passion for the craft of acting was evident. She Gowns sashaying, brogues clacking rhythmically on eloquently described how her career as an actor was the pavement, bags of cans, and masks, of all shapes, a vocation and how she was drawn to it by seeing sizes and colours. LawSoc’s annually Masquerave was the importance that lies in the art of storytelling. upon us. Tonight was all about escapism: a chance to This was a recurring element of the talk, as Negga leave the law books aside, to get out of the city and to frequently brought up the significant impact telling have an unforgettable time. stories can have on the world. One such example of The double-decker buses soon eased up to Nassau this is the movie Loving, a powerful portrayal of the Street. More excited yelps as dozens of students lined famous 1967 U.S. Supreme Court case of Loving v up haphazardly to secure a seat. The bus was singing Virginia, challenging the constitutionality of laws with energy-- quite literally. Everything from Irish prohibiting interracial marriage. Negga spoke with country music to cringey pop hits, even a “Happy typical Irish modesty about being nominated for an Birthday” got a rendition along the way. By the time Academy Award for her performance in this film, but we arrived at Location X an hour later, I was laughing she did express how honoured she was to have been so hard my eyeliner was beginning to smudge. involved in the telling of this remarkable story. She also detailed how she prepared for this role, such as Our secret destination was actually a not-so-secret how she was given access to unreleased documentary destination: as predicted, Charleville Castle loomed footage of Richard and Mildred Loving to use as ahead of us as the bus meandered through the Offaly reference material. countryside. Pulling through the wrought-iron gates, I gasped involuntarily. I had forgotten just how Negga then briefly discussed life in Ireland, beautiful it was. Grey stone and domineering turrets, commenting on how much Ireland has changed leafy surroundings, all illuminated by scintillating politically and socially since she grew up here. She purple and indigo spotlights. explained that she was delighted to be back in Trinity College and how she had many fond memories of Once in the ballroom I was plunged into darkness, her time here. A highlight of the talk was Negga’s surrounded by a sea of strangers in masks. But then revelation that she had never bothered to visit the the lights began to flicker and the music erupted, a Book of Kells during her time studying at the college, euphoric burst of sounds as Dua Lipa’s “New Rules” although she promised that she’d get around to it hit its iconic chorus. Effervescent spectrums of colour soon. She then offered some wise advice to Trinity danced across us. I looked up at the overwhelming students: “dig in and own your space”. architecture of the ballroom, illuminated by shades of magenta. The intricate carvings and imprints The Q&A section of the talk allowed for some on the walls, a domed ceiling that simultaneously thought-provoking questions, leading to Negga inspired wanderlust and made me feel incredibly discussing the challenges of portraying Hamlet in small. the Gate Theatre, and her plans for the future. Her next project is a film called ‘Passing’, which delves People moved in synchronicity to the thundering into the themes of racism and gender inequality in rhythm of music, hands waving everywhere. It America in the 1920s. It promises to be a riveting became like a strange game of hide and seek, as watch. She also mentioned her aspiration to become I pivoted my way through everyone, scrutinising

20 · The Eagle Gazette Volume 4 Issue 1 each person to see if I recognised the face under the mask. The music alternated between hits of cheesy Talk on Friends of the goodness like Madonna’s “Hung Up” and raving Irish Environment v Fingal tunes, catering to the tastes of all in the audience. It was as if I was spinning between two worlds, that of County Council your archetypical Trinity law student, and a utopian On 17 October TCD FLAC, in collaboration with Elysium of dance, laughter, colour and high fashion. TCD LawSoc and TCD Environmental Society, hosted Eventually, I needed to catch my breath. I descended a talk on the Friends of the Irish Environment v Fingal the grand staircase and exited the castle. In a moment County Council case. The speakers at this event were of relative peace, I was enthralled by everything John Kenny BL, a specialist environmental lawyer around me: the skies and glittering stars, the tall who represents Friends of the Irish Environment, trees and olfactory delights of cigarettes, cologne Orla Kelleher, a UCD PhD candidate whose research and pizza. Pizza. To my left, the glorious pizza van, area is climate change law, Professor Peter Thorne, masked students flocking to it like pizza was going a leading expert on global climate change who was out of fashion; hot, steaming slices fresh out of a recently appointed co-ordinating lead author to the stone-baked oven. UN Intergovernmental Panel on Climate Change, and Eventually, it was time for the dreaded trek home. Fred Logue, a solicitor who worked on the Friends of But the party spirit refused to die. Even as the masses the Irish Environment v Fingal County Council case. of freezing, gleefully inebriated and masked students The first speaker on the night was Professor Peter climbed back onto the bus, the banter still ran wild. Thorne, who gave a general overview of the current As we pulled away, I began to lull with sounds of climate situation. He highlighted that there has been the engine, catching myself dozing off out of sheer evidence of climate change since the 19th and 20th exhaustion. Without a doubt, LawSoc had elevated centuries, and as such that it is not necessarily a recent the event to even greater heights this year, never at issue but one that has become exponentially more any point failing to delight. Everything about the pressing in recent times. Professor Thorne spoke of night was perfect. I just wished I could stay in the the significance of the 2015 Paris Agreement and the fairy-tale for a while longer, but as morning dawned, importance of measures being put in place worldwide reality beckoned us back to the perennial rise and to contain the global rise in temperature. He linked the grind of law student life. broader concept of climate change to specific events, By Orla Murnaghan particularly the heatwave we experienced in Ireland this summer, which was two times more likely due to climate change. This discussion of recent events that almost everyone in the room had personally experienced brought home the reality of climate change for the audience. Professor Thorne spoke of the fact that one of the issues with climate change is that it is a slow car crash, and as such doesn’t receive the immediate and heightened attention that such a potentially disastrous problem deserves. He elaborated on this point by discussing the use of financial instruments to ensure that the issue is tackled. His final note was that the issue of climate change is fundamentally about what world we want to leave to future generations and how willing we are to take the difficult steps to achieve this. The second speaker, Fred Loake, spoke more specifically about the Friends of the Irish Environment v Fingal County Council case. In this case, Friends of the Irish Environment challenged the decision of Fingal County Council to issue a five-year extension to the Dublin Airport Authority for their planning permission to construct a new runway. The ten years originally granted for the planning permission had expired as a

The Eagle Gazette Volume 5 Issue 1 · 21 result of insufficient funds due to the 2008 financial to whether it can ever be meaningfully engaged. Mr crash and the recession that followed. Friends of the Kelly suggested that it would be appropriate for cases Irish Environment claimed that with another runway related to climate changed to be pleaded against both there would be far more pollution, and that this would the state and individuals, primarily corporations. damage the environment. As such, they argued that He noted that with the recognition of the right to an construction shouldn’t go ahead due to the fact that environment comes the responsibility to avail of this the public has a right to a clean environment. right, as we all have a collective obligation to protect While the High Court declined to grant any of the relief our environment. sought by the plaintiffs as they had failed to assert a Following the informative and engaging speeches viable claim for standing, Mr Loake asserted that the of the four panellists, the audience participated in a case can be seen as a huge positive in the area of the questions and answers session, which highlighted the judicial approach to climate change. This is because interest of all those in attendance in the issues that the High Court judgement recognised a ‘personal had been discussed. The talk was both sobering and constitutional right to an environment’ under the inspiring, and hopefully will encourage everyone who Irish Constitution. Mr Loake highlighted the fact that attended to think about the part they can play in this case shows that the ‘little guys’ can take on the tackling climate change and safeguarding the future of ‘big guys’ and succeed, and encourage all the future the planet. lawyers in the room to recognise the importance of By Caoilainn McDaid bringing cases which can change the world we live in. The third speaker on the night, Orla Kelleher, spoke about the importance in regard to climate change and environmental law of reconceptualising human rights. She drew attention to the fact that over 100 countries The Rise of Illiberal have implicitly or explicitly recognised right to clean environment, and that there are currently over 1,000 Authoritarianism in cases that have been taken to court globally relating to Europe in Association with climate change. One such example of this international climate litigation is the 2015 Urgenda Climate Case the IIEA against the Dutch government, which was the first case On the 26th of October 2018, The Institute of worldwide in which citizens held their government International & European Affairs (IIEA), in accountable for contributing to climate change. With association with Trinity Research in Social Science, the Dutch High Court ruling in favour of Urgenda, presented its talk on whether the EU was responsible the government has been forced to take more effective for the Decline of Democracy and the Rise of Illiberal action on climate change. Authoritarianism in Europe. This talk was the next Ms Kelleher also spoke in strong language of the in the distinguished series on Populism and the Friends of the Irish Environment v Fingal County Challenges to the Liberal Order. The talk was joined Council ruling’s potential to support future cases in by Professor Grainne de Burca of the New York this jurisdiction. Specific mention was given to the University School of Law. The talk, however broad upcoming case due to be heard in January 2019, in in scope, focused on the developments that has which Friends of the Irish Environment are seeking allowed authoritarianist governments to grow and to hold the government accountable for its role in key questions of whether the structure, function and knowingly contributing to the dangerous levels of response of the EU to national concerns has given climate change we are currently experiencing. rise to Illiberal democracies throughout Europe. The final speaker on the night was John Kelly, one Professor de Burca traced the recent rise of the of the barristers who represents Friends of the Irish illiberal democracies in Europe to the Maastricht Environment. He spoke in more detail about the Treaty—which was the beginning of the European Friends of the Irish Environment v Fingal County political project, and a shift from the Economic Council case, notably on the reasons why it failed in integration that was espoused by the original court and also on the impact the judgement may have European Economic Community. In particular, on future cases. He highlighted the cautionary note of from 2007, it was expressed that the EU faced a Mr Justice Barrett, in that there was no identification number of crisis which undermined its faith among of how the right to an environment could be engaged member citizens and its ability to respond to national in Irish courts, indeed the question still remains as concerns—from the banking crisis, the global

22 · The Eagle Gazette Volume 4 Issue 1 recession, the refugee crisis and the rise of the far organisational structure and how its esoteric culture right. Examples of illiberal European democracies and slow responsiveness to the big issues has given were given through Poland and Hungry, particularly rise to Illiberal democracies throughout Europe. Prime Minister Orban of Hungry who’s government The democratic deficit of the EU has been a major has consolidated power and created a de facto concern. Specifically, because the EU is not a proper authoritarianist regime. functioning democracy and there is distrust in the Professor de Burca explained the sets of developments ability of member citizens to make changes to how the that has occurred throughout Europe giving rise EU functions and the laws it creates. Furthermore, it to Illiberal democracies in the EU. First, Professor was demonstrated that the EU has lacked a coherent de Burca noted the popular rise of Euroscepticism response to immediate concerns and crises, resulting and the disenfranchisement of European citizens in the distrust of the EU and creating a backlash towards the EU—both on the political left and right. against its institutions. Moreover, it was indicated In particular, the rise of right-wing Euroscepticism that the EU challenged democracy through its was traced from the beginning of the Maastricht support of Executive Dominance—empowering Treaty to current iterations in the United Kingdom, Ministers and Councils to create the key decisions Hungry and Poland. Euroscepticism presents and taking the power from national parliaments. itself through a belief that the EU seeks to dilute The secrecy of the EU, its technocratic culture, and national sovereignty, as well as an opposition to its prioritisation of economic integration over social growing immigration trends. It was expressed that objectives has enflamed the critiques aimed against Euroscepticism is essentially a regional manifestation this organisation. of an international movement of an opposition to Professor de Burca conveyed that the EU was globalisation and economic integration. Right-wing not ultimately responsible for the rise illiberal Euroscepticism manifested practically from the democracy, but it must do more to gain public trust recent decision of the United Kingdom to leave the and accountability. In particular, the EU needs European Union. to respond adequately to the social, political and Furthermore, it was submitted that the rise of the economic concerns of member nations. The EU far right, particularly in Germany and Hungry, has should set an example of transnational co-operation provided the incentive for centre-right political to the world, and represent a humane form of parties to re-position themselves further right in globalisation which also respects the sovereignty of order to capture the populist support for far-right all nations. policies and objectives. It was expressed that the The talk provided a broad overview of the current far right had successfully re-framed itself as the geo-political dynamic in Europe, and the conflicts guardians of European civilization and had learned that have been presented between the EU and from its past. The rise of the new far right had member states. The talk was followed by a lively Q & been exacerbated by the refugee crisis, shifting the A about how the EU can resolve itself to provide for Overton window of acceptable political discourse. the concerns of member citizens and its role in the The new far right has also managed to successfully future. The talk concluded on the assessment that the capture the populist policies of the political left—in EU still has a future to play in Europe— but as long particular, the support for re- distributionism and a as it appreciates its shortfalls and democratic deficit, distrust of the political class. and addresses the concerns of member nations and Lastly, opposition to economic neo-liberalism has citizens. spread the growth of illiberal ideologies in Europe. By Tasin Islam The EU, it was argued, is essentially a project of market integration and a regional example of global capitalism. The new populist right in Europe has framed this dichotomy in terms of globalisation verses economic nationalism. Consequently, the populist argument considers that economic neo- liberalism undermines national society and helps the world—which need to be counter-balanced by growing tariffs, protection of national industry, and a reduction of immigrant labour workers. The second half of the talk pertained to the EU’s

The Eagle Gazette Volume 5 Issue 1 · 23 24 · The Eagle Gazette Volume 4 Issue 1 The Eagle Gazette Volume 5 Issue 1 · 25 26 · The Eagle Gazette Volume 4 Issue 1 The Eagle Gazette Volume 5 Issue 1 · 27 The Eagle: Trinity Law Gazette Volume 5, Issue 1

28 · The Eagle Gazette Volume 4 Issue 1