LAW SOCIETY GAZETTELAW 100 No 6 • Vol July 2006 LAW SOCIETY Gazette€3.75 July 2006 AGE OF CONSENT: Law Society of Ireland The aftermath of the ‘A case’ INSIDE: IT SURVEY OF THE PROFESSION • TSBA GALA NIGHT EVENT • PRACTICE DOCTOR • YOUR LETTERS LAW SOCIETY GAZETTE JULY 2006 CONTENTS On the cover LAW SOCIETY The recent judgment on the defence of ‘mistake as to age’ and the subsequent decision in the Mr A case led to political turmoil and fervent Gazette public debate. But how does the resulting law measure up? July 2006 PIC: [email protected] Volume 100, number 6 Subscriptions: €57 REGULARS 4 President’s message 5 News Computer literacy 10 A Law Society-commissioned survey has found that there is a high level of computer literacy in the profession Viewpoint 12 Is striking out entire tranches of legislation the best way to protect important constitutional rights? asks Brian Foley Letters 14 14 Two words: Prime and Time Practice doctor 41 Pension planning for when you’re 64 People and places 42 Calcutta Run, the TSBA Ball, and more Tech trends 46 All the technology news first – or thereabouts 49 Book reviews Briefing 52 52 Practice notes 45 54 Legislation update: 19 May – 23 June 57 FirstLaw update 60 Eurlegal: Brussels II bis continued 66 Professional notices Recruitment advertising 72 Eleven pages of job vacancies Editor: Mark McDermott. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 67. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Pamela Cassidy, Tom Courtney, Eamonn Hall, Philip Joyce, Michael Kealey, Mary Keane, 46 Patrick J McGonagle, Ken Murphy, Michael V O’Mahony, William Prentice. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE JULY 2006 Get more at lawsociety.ie HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] Gazette readers can access back issues of the magazine as far back as Jan/Feb 1997 right up to HAVE YOU MOVED? Members of the profession should send change-of-address the current issue at lawsociety.ie. details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] Subscribers to the Gazette should send change-of-address details to: You can also check out: Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • Current news • Forthcoming events, including a CPD seminar COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: on the Registration of Deeds and Title Act 2006 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] • Employment opportunities • The latest CPD courses PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828. ALL CHEQUES SHOULD BE … as well as lots of other useful information MADE PAYABLE TO LAW SOCIETY OF IRELAND. FEATURES COVER STORY: 18 The hand that robs the cradle Edel Kennedy, author of the Gazette article last October that has been referenced in Dáil debates, revisits the issue to unravel the background to the Mr A and CC cases and the consequent new sexual offences law To have and to hold 22 It would appear that a party to family law proceedings seeking a property adjustment order has unregistered rights against the interests of the other owning, but estranged, spouse. Patrick Mullins sorts out the priorities All together now 26 Failure to notify the Competition Authority of certain mergers or acquisitions can lead to void deals, criminal penalties and possible professional negligence claims. Rosemary O’Loughlin untangles the issues Carving its own course 26 30 You’d be hard pressed to know there was a world war going on from reading the Gazette in the 1940s. Mark McDermott continues our retrospective series Good deed for the day 34 The new Registration of Deeds and Title Act aims to modernise and streamline registration mechanisms and procedures. Denis Linehan gets to grips with it – section by section – with a little help from the ‘Man of Steel’ Tell me more 38 A number of appeals have been made relating to the Freedom of Information Act 1997. How have the courts dealt with these? Eoin Dee roots through your files 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. Email: [email protected] Law Society website: www.lawsociety.ie 38 www.lawsociety.ie 3 LAW SOCIETY GAZETTE JULY 2006 PRESIDENT’S MESSAGE Law Society plays host to international visitors “During he month has passed very quickly – a It was a great pleasure for us to host the four sure sign of activity. During the past South African lawyers receiving training in Eugene F the month, month, the first stage of the Client Focus Collins, William Fry, A&L Goodbody and Matheson the Society Seminars has been completed. Seminars Ormsby Prentice to dinner in the Society. It was very were held in Dublin, Cork, Limerick, informative for us to learn more about their work in hosted the T Galway, Sligo, Athlone and Waterford. While the South Africa and to hear at first hand about the law societies numbers of attendees were not as high as expected, difficulties they face in practice in South Africa. the content was generally agreed to be excellent. The The annual human rights lecture took place on 29 of England committee, under the leadership of John O’Malley, June. Mr Justice Kirby of the High Court of and Wales, will now bring forward proposals as to how the work Australia spoke most eloquently on the Dreyfus case. can be enhanced and completed. Two weeks earlier, over 1,000 people crowded into Northern I have continued to visit, with the director general, the French Supreme Court to listen to the Chief Ireland and Bar associations around the country. This month Justice of the French Supreme Court speak on this found us in Kilkenny, Wicklow, Laois and Tipperary. case. Scotland” The profession is busy and in good heart. In Mr Justice Kirby emphasised the lessons the Nenagh, we were present at the opening of the century-old case still holds for the legal professions – revamped courthouse. The courthouse is splendid rights of citizens and the rule of law were and the Tipperary Solicitors’ Bar Association was predominant. Congratulations to Alma Clissmann on rightly praised for its role in this development. all the work involved in this project. During the month, the Society hosted the law I would like to welcome Louise Campbell to the societies of England and Wales, Northern Ireland staff of the Law Society. Louise is the first support and Scotland. It was most interesting to learn, first services executive appointed by the Law Society, as hand, of the proposals made in regard to the reform recommended in the Braiden Report. Her role is to of the legal professions in those jurisdictions. Only help coordinate and deliver the Society’s support Scotland was including a review of the judiciary in its services so that the profession can know and benefit review of legal services. The Law Society of England much more from them in the future. and Wales faces the greatest challenges to its future I would also like to congratulate Geoffrey and it will be interesting to ascertain what happens to Shannon, who was appointed by the Minister for the profession in the future in that jurisdiction. Children, Brian Lenihan, as a special adviser in The Union Internationale Avocats (UIA) held an relation to child law. This appointment is well executive meeting in the Law Society in June. The merited and I wish Geoffrey well in his new role. Law Society was delighted to participate in this event and to meet lawyers from many different Michael G Irvine jurisdictions. President 4 www.lawsociety.ie NEWS LAW SOCIETY GAZETTE JULY 2006 nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] ■ CORK respected doyenne of the Declining standards? profession and former Law There has been a ‘noticeable Society President Moya decline’ in conveyancing Quinlan, who is more than 60 standards in the profession, years in practice. according to the Southern Law Association (SLA). Back to basics The association’s ‘CPD Online’ is now conveyancing committee has operational by the DSBA – due decided to try to assess the in no small measure to the extent of the problem and has unpaid work of former DSBA recently written to all members President Orla Coyne, John asking for information, on a Glynn and Pauline O’Donovan. no-names basis, of poor The recent and well- conveyancing practices.