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Contents GazetteLawSociety Regulars Cover Story Up in smoke President’s message 3 12 The introduction of the smoking ban has given rise to concern about how it will operate in practice. Maura Connolly looks at the steps News 4 employers must take to ensure compliance Viewpoint 8 Book reviews 35 Ascent of a woman Briefing 38 16 Last year, the first-ever report on women lawyers in Ireland was published. Ivana Bacik Council report 38 summarises some of its findings Committee report 39 Practice direction 39 Reforming practice and procedure Practice notes 39 20 The nature of personal injuries litigation is changing, and the report of the Committee on Court Practice and Procedure is part-and- Solicitors parcel of this. Eamonn Hall outlines some of its key Disciplinary Tribunal 40 recommendations Legislation update 41 Toeing the line FirstLaw update 44 24 Occupational health and safety is steadily climbing the management Eurlegal 49 agenda. Geoffrey Shannon assesses some recent developments People and places 54 Blood, sweat and tears Professional DNA testing is an established part of the criminal information 60 28 justice procedure and the Innocence Project aims to keep it there, writes Paula Scollan Hook, line and sinker 32 If you’ve always wanted to fish but never knew how, now is your chance to take the bait. Pat Molloy and John Geary try to reel you in Editor: Conal O’Boyle MA. Assistant editors: Kathy Burke, Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 8117116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial Board: Pat Igoe (Chairman), Conal O’Boyle (Secretary), William Aylmer, Tom Courtney, Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan, Keith Walsh The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, Editor or publishers. The Editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Volume 98, number 6 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette July 2004 President’s message Public service and the profession was saddened to learn of the death of Donal I would urge Binchy last month after a long illness. Don was colleagues to involve a predecessor of mine, serving as president of themselves in their the Law Society in 1990/91. As I attended his local bar associations Ifuneral, in the company of a great many of his and, at national level, solicitor colleagues, from Clonmel and much further in the work of the Law afield, I was struck once again by what a unique Society. Stand for election, volunteer to serve on ‘We have profession we are. committees, give your time and expertise to Don Binchy, to me and to many of his colleagues as tutors or lecturers. Above all, play your never had a colleagues, typified the spirit that sets our part. stronger or profession apart from others. His was a life of The Law Society alone has, at last count, some 27 public service, to his local community, to his committees, nine task forces or working groups, and bigger profession and to his professional body. Such was representation on a wide range of other bodies. We profession, his stature and his reputation for integrity that, need your help to be able to carry on this work. We uniquely for a past president, he was asked to chair need your involvement. You are the lifeblood of the yet there has the Finance Committee in 1993 at a time when the profession, and without your active support and never been profession was under severe financial pressure involvement, it will wither away. following the spectacular collapse of a number of At Don’s funeral, his colleague Paul Morris, on a greater solicitors’ practices. The profession knew that it behalf of the profession in Clonmel, gave an oration need for could rely on Don to make the hard decisions but, at his graveside. This is part of what he said: more importantly, to make the right decisions. ‘The hallmark of Don Binchy’s dealings with his clients, collegiality’ Similarly, when the annual general meeting of his colleagues and the public at large was courtesy. He members demanded a root-and-branch review of the recognised each person’s innate dignity as a fellow human Law Society and its functions in 1994, it was Don being, as a valid moral entity, which is the very Binchy who was asked to chair the review group. foundation of our respect for human life itself and our Don was the kind of solicitor we all aspire to sense of justice. become. He was the kind of man whose approval we Don’s other eternal passion was his love of the law desired. He gave of his time, energy and wisdom to itself. He wore his knowledge of the law lightly and his colleagues and to his society, and sought nothing shared that knowledge with his colleagues generously and in return because, to him, that is what it meant to be with humility without any sense of condescension. a member of a profession. Fred and Donald may be justifiably proud of their And listening to his colleagues reminisce about father, who not only knew his law with rare depth, the man, I understood just how important it is to insight and understanding, but most importantly of all preserve and nurture that unique spirit in today’s could make it understandable to his clients and thereby solicitors’ profession. We have never had a stronger give good counsel’. or bigger profession, yet conversely there has never That is what it means to be a solicitor. And it is been a greater need for the kind of collegiality and still something we should all aspire to. voluntary service that has always made this profession so special. It is part of our wonderful legal Gerard F Griffin, heritage. President 3 Law Society Gazette July 2004 News NATIONWIDE News from around the country ■ CLARE New courthouse Good news from the Banner County, with the announcement that the old courthouse has been fully refurbished and is again open for business. ‘We had been having the District Court in the local GAA Éire Óg social room with the bar in the background for the past three President Mary McAleese and Dublin solicitors at the relaunch of the Solicitors’ helpline years, which is hardly worthy of the dignity of the court’, noted President McAleese members on the issues to be support and also support Ann Walshe, honorary secretary launches helpline covered and their courses will themselves by supporting their of the Clare Bar Association. Many Dublin solicitors were begin in September. ‘It is an local bar associations. It was a The official opening is greatly honoured to be received excellent stimulus and ensures case of the old cliché of ‘hang scheduled for 12 July. by the President of Ireland, that we continue our necessary together or hang separately’. Mary McAleese, in Áras an legal education’, he said. The dinner was attended by And new county registrar Uachtaráin recently. The two guests, chief superinten- Solicitors in Clare are also occasion was used to relaunch ■ LAOIS dents Pat Murray and Kevin happy that nearby Limerick and publicise the Solicitors’ Personal Injuries Ludlow. practitioner, Pat Wallace, has helpline. The president spoke of Assessment Board been appointed county registrar. the ‘giddy’ times through which The Laois Solicitors’ Delegation to the Dáil The position had been vacant the legal profession was living Association continues to hold A delegation from the since the death of Enda Brogan and the perception that perhaps meetings about PIAB and is association recently met three in 2002. lawyers had never had it so continuing to liaise with its members of the Dáil Justice ‘This is an important position good. She remarked that while counterparts in Limerick on Committee to make and should not have been left we are living in times of plenty, joint moves. Christina Dobbyn, submissions on the Civil vacant for so long, but the staff she felt that there also existed honorary secretary of the Liability Bill and Courts, 2004. and neighbouring county among our profession victims of association, has been meeting ‘Among the issues we raised is registrars all helped us to get this success. leading members of the the proposed reduction of the by’, Walshe said. The helpline was, she felt, a Limerick Bar Association. She statutory limitation time from worthwhile and necessary will shortly be reporting back to three years to one, which could ■ DUBLIN support which was managed and her association on proposals on lead to a denial of justice’, Chief justice retiring maintained by solicitor the way forward. according to the delegation’s On the eve of the forthcoming colleagues. She was more than leader Eugene Tormey. The retirement of Chief Justice happy to endorse it.

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