Cat’s in the cradle Wham, bam... Wild thing An introductory overview of Planning proper pension Is there a case for extending the provisions of the Legal provisions in the event of rights to natural objects in Services Regulation Act divorce proceedings the environment? gaLAW SOCIETY ette€4.00 MARCH 2016 MONEY TALKS Countering terrorist financing gaLAW SOCIETY ette IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device. Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. DIRECTOR OF LEGAL – IN-HOUSE A large multinational is looking to appoint a Senior Director of Legal to their Dublin operation. This is a client-facing position and the appointed Solicitor will establish strong relationships with both internal and external clients, business partners and foster a client focused approach with respect to the performance of all Legal & Risk Management responsibilities. BANKING SOLICITOR – ASSOCIATE LEVEL Top tier Private Practice Firm require a Banking Solicitor to expand their growing team. This role is ideal for an experienced Banking Solicitor looking to grow their career with a firm on an international platform. This position offers excellent remuneration and progression for the right person. IN-HOUSE COMMERCIAL CONTRACT COUNSEL – ASSOCIATE LEVEL Excellent In-house position available with Multinational based in Dublin. The successful candidate will ensure all contracting processes and procedures are followed with respect to the negotiation and execution of commercial contracts. Ideal for a Practice Solicitor looking to move in-house or a Professional already working in commercial contracts. JUNIOR SOLICITOR – FUNDS International Law Firm in Dublin is offering a unique opportunity for a Junior Solicitor who is interested in growing their career in the funds space. The applicant does not require previous funds experience but must have a keen desire to upskill in this area. The successful appointment will have an opportunity to work both domestically and internationally. This position will offer excellent remuneration and progression for the right person. AVIATION FINANCE LAWYER – SENIOR ASSOCIATE LEVEL International Private Practice firm in Dublin seeks an experienced Aviation Finance Lawyer to join their team. The ideal candidate will have gained Aviation Asset Finance experience within a Top Tier Law Firm or as In-house Counsel to an Airline or Aircraft Leasing Company. To apply for any of the above vacancies or for a strictly confidential discussion, please contact Seán Fitzpatrick on 01-5005916, Tony Glynn on 01-5005918 or [email protected], Cora Smith B.Corp Law on +353 1 5005925 or [email protected] law society gazette www.gazette.ie March 2016 PRESIDENT’S??????????????? MESSAGE 1 WORKING TO FULL CAPACITY owards the was founded in 2007 by one daughter and her partner, who end of last of my predecessors, Michael both tell me that they are already year a very Irvine, and others, and runs a in high-altitude training for the important piece number of worthwhile projects event. of legislation in disadvantaged countries, such In the past few weeks, I was – the Assisted as Malawi. Irish Rule of Law privileged to preside over two very TDecision-Making (Capacity) International cannot continue with pleasant events in the Law School. Act 2015 – was passed by the these worthwhile projects without Firstly, there was a celebration to Oireachtas and signed into law. funding. commemorate the international This act marks a significant To this end, a very pleasant achievements of three victorious development in recognising the evening was had in the Law moot court teams, which was legal rights of vulnerable persons Society in early December, attended by the parents of the and in providing adequate when musical entertainment victorious students. TP Kennedy, support to be made available to was provided by various and Geoffrey Shannon and Jane assist people whose decision- very talented members of both Moffatt, respectively, coached and making capacity is in question, branches of the legal profession. mentored the three teams. or may shortly be in question. Some weeks previously, at the In addition, a room-naming The legislation is expected to cluster event in Cork, a small ceremony was held in the come into operation during 2016 cheque was presented to Irish revamped Green Hall, which has and, while welcome, represents Rule of Law International, being been called after past-president a significant challenge for our the entire proceeds of an earlier Michael V O’Mahony. Michael’s profession, as it will affect nearly cluster event. It all adds up to work for the Society, but in every area of practice. keeping these projects running particular the education side of The Assisted It is appropriate that I pay and is to the credit of numerous the house over a period of almost tribute to the Law Society’s lawyers who give up a lot of their 40 years, has been immense. Our Decision- Mental Health and Capacity free time to do so. special guests included Michael Making (Capacity) Task Force, in particular its Another charitable project is, and his extended family, partners chairperson, Patricia Rickard- of course, the annual Calcutta of McCann FitzGerald Solicitors, Act 2015 will Clarke, who has been a tireless Run. Towards the end of last year, both past and present, members of ‘impact on nearly advocate for change in the area. I was privileged to participate at the Law Society Council, and staff We are extremely grateful to the formal handing over of the of the Society. every area her and her colleagues in the proceeds of last year’s run to the Finally, the ‘Murphy Roadshow’ of practice task force for their huge work in two nominated charities, GOAL moved up some gears in the helping to bring about this very and the Peter McVerry Trust. past weeks when the director important piece of legislation. The charities received €72,000 general and I visited the Louth, each. Hopefully, this year’s Waterford, Galway, Tipperary ’ Charity begins at home Calcutta Run, which takes place and the Midland Bar Associations. Since assuming office, I have on 21 May next, will prove to be It was a great privilege to meet inevitably participated in many just as successful. As for my own up with so many colleagues and events and functions, a number participation, an old war wound to have honest, forthright, but of which were associated with, or prevents me from road-running always enjoyable exchanges with resulted from, the great charitable (excuses, excuses!), but I do hope everyone we met. I’m really efforts of a number of colleagues. to power-walk the course on the looking forward to more of the Irish Rule of Law International day, and I have conscripted my same as the year continues. Simon Murphy President 2 CONTENTS law society gazette www.gazette.ie March 2016 gaLAW SOCIETY ette LAW SOCIETY GAZETTE • Vol 110 No 2 No 110 Vol • GAZETTE SOCIETY LAW Cat’s in the cradle An introductory overview of the provisions of the Legal Wham, bam... Services Regulation Act Planning proper pension provisions in the event of Wild thing divorce proceedings Is there a case for extending rights to natural objects in the environment? 32 gaLAW SOCIETY ette€4.00 MARCH 2016 MARCH 2016 2016 MARCH cover story 28 Show me the money Eradicating money laundering and terrorist financing has become a priority for legislators and policymakers, and the focus on its prevention and detection looks set to Law Society of Ireland of Society Law MONEY TALKS intensify considerably, writes Helen Kehoe Countering terrorist iSTOCK PIC: financing 40 features 32 Wake me up before you 40 Faith, hope and charity go-go This is an important and challenging time In 1996, the Family Law (Divorce) Act for charities operating in Ireland. Kevin was passed – that was the same year that Hoy and Alice Murphy examine some Di divorced Charles. With divorce and implications of the new regulatory regime pensions in mind, Jim Connolly asks: ‘Does my ARF look big in this?’ 44 In what capacity? The Assisted Decision-Making (Capacity) 36 Keeping it regular Act 2015 governs the law in relation to Director of regulation John Elliot adults who are experiencing difficulties provides an introductory overview of key with decision making – and it changes the aspects of the Legal Services Regulation definition of ‘capacity’. Kate Butler 44 Act as they apply to solicitors holds your hand Law Society Gazette Volume 110, number 2 law society gazette Subscriptions: €60 (€90 overseas) Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretary: Catherine Kearney All cheques should be made payable to: Law Society of Ireland. Printing: Turner’s Printing Company Ltd, Longford COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Editorial board: Michael Kealey (chairman), tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Mark McDermott (secretary), Aoife Byrne, See the Gazette rate card online at www.lawsociety.ie/gazette-rates