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Irish Legal News: 8th June 2021

Legal Jobs
Events, CPD & Courses
Latest News

Latest Jobs

Apprentice Solicitor – Worthingtons Solicitors

Worthingtons Solicitors intends to appoint an Apprentice Solicitor in conjunction with the apprenticeship programme.

For the purpose of this recruitment the Apprenticeship programme shall mean the solicitor training programme run in Northern Ireland by the Institute of Professional Legal Studies at Queen’s University Belfast commencing in late 2021.

Candidates must apply by submitting a CV to be received by 12 noon on the closing date of Thursday 1 July 2021.

CVs should be returned by e-mail to kathryn@worthingtonslaw.co.uk before the deadline above.

For further information, please contact Kathryn Bedwell on 028 9043 4015.

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Residential Conveyancing Solicitor – Orpen Franks LLP

Residential Conveyancing Solicitor

Sales / Purchases / Re-mortgaging

10 Years’ Experience

(Part Time & Flexible)

The Firm

Orpen Franks LLP is a boutique law firm with a strong and varied client base with over 200 years’ experience in the industry. Working with a variety of clients from individuals to large corporate businesses across Ireland you can be assured that every day is unique at Orpen Franks LLP. They boast experienced, expert, flexible and manoeuvrable working practices that are well supported. The firm is part of an international network of independent law firms.

The Team

The Orpen Franks Private Client division offer clients a complete range of legal and advisory services to meet the individual requirements of clients and their families. Orpen Franks prides itself on providing a comprehensive and professional service in order to address legal issues which may arise for our clients.

Grainne Butler, Partner, heads the team. The team covers all aspects of Private Client law including Residential conveyancing, Drafting of Wills, Trusts, Lasting Powers of Attorney and dealing with Trust and Estate Administration.

The team works closely with all of the other departments to ensure the provision of seamless and results driven advice.

What you’ll do:

  • You will respond to clients’ requirements and deliver results, whilst maintaining and supporting the maintenance of a proper work/life balance;
  • You will provide accurate, prompt, realistic and relevant advice whilst managing client’s expectations;
  • Support and work alongside the partners and your colleagues in the team and across all departments in the firm;
  • Actively work to convert enquiries into new matters;
  • Ensure accurate file management and time recording;
  • Ensure deadlines and timescales are met; and
  • You will continue to build excellent knowledge within your area of law.

Who we are looking for?

Candidates must have 10 years’ experience in a similar role, be currently working in private practice and have confidence in:

  • Residential Conveyancing acting in sales and purchases
  • Acting in mortgaging and refinancing of client properties
  • Be up to dates with all provisions relating to new properties & apartment purchases
  • Be proficient in case management systems, MS word, outlook and online searches and registries.

The position is suitable for a qualified solicitor with 10 years post qualification experience and good academic background and training.

A proven track record in fee earning ability is a requirement for this role.

The individual will be a good communicator with excellent attention to detail.

Secretarial and typing support will be available but IT and MS Word drafting proficiency will be important.

Hours

This role is 20-30 hours per week and will can be a combination of working remotely along with office attendance. We can be flexible on the final arrangements for the right candidate.

We also welcome applications from remote workers and workers located in regional locations.

Salary

The salary will be set at a market level pro rata basis depending on experience, capacity and agreed number of hours. Regard will be had to standard fee earning multiples.

Careers with Orpen Franks LLP

Orpen Franks offers an innovative and distinct workplace in both its approach and ideologies.

Orpen Franks prides itself on its culture of cross department cooperation, open door policy and having a collegiate and collaborative approach to everything they do.

To apply for this position please send a covering letter and CV to mary.mccarthy@orpenfranks.ie

Interviews will take place in June 2021 with a view to commencing employment as soon as possible and certainly by July/August 2021. An immediate start would be a distinct advantage.

Orpen Franks are strong advocates of a successful work/life balance and proud to foster a workplace free from discrimination. They welcome applications from individuals from diverse backgrounds with the same ethos, passion and enthusiasm.

Job Type: Part time, Flexible working is possible, permanent

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Litigation Solicitor 2 Years PQE – Augustus Cullen Law LLP

Augustus Cullen Law LLP are currently seeking a Litigation Solicitor with 2 years plus PQE to join their busy Litigation Department based at our Dublin office.

The ideal candidate must have strong organisational skills with attention to detail. Ability to meet deadlines and efficient communication with clients. Knowledge of Case Management systems is an advantage. Salary commensurate with experience.

Please apply in strictest confidence with CV and cover letter by email only to maura.barry@aclsolicitors.ie

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Head of Legal – Office of the Ombudsman

The Office comprises the Office of the Ombudsman; the Standards in Public Office Commission (SIPOC); the Office of the Information Commissioner (OIC); the Office of the Commissioner for Environmental Information (OCEI); the Commission for Public Service Appointments (CPSA); and the Referendum Commission, when established. The six offices carry out separate and distinct statutory functions.

The Office of the Ombudsman examines complaints from people who feel they have been unfairly treated by certain public bodies, for example, government departments, local authorities, the HSE and publicly funded third level education bodies. It receives a large volume of complaints from individuals unhappy with the administration of healthcare in public hospitals and other public healthcare settings, as well as social work services.

The successful candidate will:

  • Have experience as a practicing solicitor or barrister of no less than five years or, having qualified as solicitor, experience working in a similar legal advisory role, in a comparable organisation, of no less than five years;
  • Hold a practicing solicitor certificate;
  • Hold a practicing barrister certificate;
  • Have considerable experience in the area of public and administrative law;
  • Have experience in litigation;
  • Have an ability to quickly develop competence in the diverse range of areas for which the Office has responsibility;
  • Have excellent oral and written communication skills.

THE CLOSING DATE FOR RECEIPT OF APPLICATION IS 3PM, THURSDAY 10th June 2021

We are committed to a policy of equal opportunity and encourage applications under all nine grounds of the Employment Equality Act.

For more information and how to apply, visit: http://bit.ly/IrishLN_NL_HdLegal

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Corporate Solicitor – Carson McDowell

The corporate team at Carson McDowell is one of the leading practices in Northern Ireland. Top ranked in both Chambers Guide and Legal 500, we advise leading local businesses and international companies doing business in Northern Ireland, across a broad range of sectors. We provide specialist legal advice on a full range of corporate, M&A and corporate finance corporate transactions.

For decades, our lawyers have advised on the most significant M&A and corporate transactions in Northern Ireland. Our experience and reputation speaks volumes, which is why we are widely recognised as one of the leading corporate and M&A legal practices in the country.

If you would like to join this dynamic team and can meet the criteria listed below we want to hear from you. We are ideally looking for a 3+ years PQE corporate specialist with the following experience and capability:

  • Mergers and acquisitions;
  • Private equity and venture capital;
  • Reorganisations and restructuring;
  • Shareholder agreements, joint ventures and partnerships;
  • Advice on corporate governance and company law issues such as director duties, payment of dividends and returns of capital;
  • The ability and willingness to work as part of a team;
  • Strong interpersonal skills;
  • Excellent technical and written skills.

At Carson McDowell in return for your hard work and dedication we will provide every opportunity to develop your skills and experience and further your career.

Applicants should apply by emailing a covering letter and CV to: Marie McKeown, Human Resources Manager, marie.mckeown@carson-mcdowell.com

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Send your vacancies to Irish Legal News

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You can download the Irish Legal News media pack for £GBP or €EUR from our website.

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Events, CPD & Courses

Status Check: 20 Years of the Equal Status Acts

Status Check: 20 Years of the Equal Status Acts
FLAC Seminar Series
In Association with the School of Law, Trinity College Dublin
Lunchtime Webinars (1:00pm – 2:00pm) weekly throughout June
Beginning Tuesday, 1st June 2021.

As the Equal Status Acts enter their third decade in effect in Ireland, FLAC is delighted to invite you to an online Seminar Series, in which academics, practitioners, policy-makers and activists will reflect on the experience, impact and limitations of this legislation to date, and explore its future role in Ireland’s equality framework.

The Equal Status Acts prohibit discrimination, harassment and victimisation in the provision of goods, services, education and accommodation. They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community. The enactment of this legislation represented the fulfilment of a commitment contained in the Good Friday Agreement and placed Ireland at the forefront of Europe in terms of anti-discrimination legislation.

However, in recent years, the number of complaints made under the Equal Status Acts has begun to decline. Questions continue to be raised about the legislation’s compatibility with Ireland’s obligations under international and regional human rights instruments.

The recent commitments by Government - to examine the introduction of a “disadvantaged socio-economic status” ground and to review Ireland’s equality legislation generally - afford another opportunity for Ireland to act as European leaders in promoting equality and combatting discrimination.

The seminar series will examine these issues and seek to contribute to the debate about the future of Ireland’s equality law. Roderic O’Gorman TD, Minister for Children, Equality, Disability, Integration and Youth will deliver the series’ Closing Address on Tuesday, 22nd June 2021.

1 June 2021

Examining the Effectiveness of the Equal Status Acts
Chair: David Fennelly (TCD and Law Library)
Prof. Judy Walsh (UCD)
Sinéad Lucey (FLAC Managing Solicitor)

8 June 2021

Socio-Economic Status and Equality Law
Paul McKeon (Inner City Activist, speaking from lived experience)
Tamás Kádár (Equinet)
Siobhán Phelan SC (Law Library)

16 June 2021

Ireland’s Evolving Equality Architecture
Sinéad Gibney (Chief Commissioner, IHREC)
Niall Crowley (former CEO of the Equality Authority)
Eilis Barry (FLAC Chief Executive)

22 June 2021

The Future of Equality Law
Prof. Sandra Fredman (Oxford)
Prof. Mark Bell (TCD)

Closing Address
Roderic O’Gorman TD, Minister for Children, Equality, Disability, Integration and Youth.

Register on Eventbrite

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Alcohol Licensing Law in Ireland

On June 22nd (10am -1pm), Ireland's leading licensing law expert Constance Cassidy SC will deliver a lecture on licensing law in Ireland, covering some of the key practice issues, challenges and common pitfalls. Law Reform Commissioner Ray Byrne will provide an overview of LRC report 'Accessibility of Legislation in the Digital Age', focusing in particular on the need for legal consolidation in this area. This learning event is being offered as 3 General CPD hours for those in the legal profession. Webinar will conclude with a Q&A. All proceeds will support Alcohol Forum Ireland’s work in reducing the impact of alcohol harm on children and families in the southern border counties.

https://www.eventbrite.ie/e/licensing-law-in-ireland-tickets-156020043149

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Dispute Resolution (Mediation): Apply now for UCD Diploma starting June

UCD Sutherland School of Law is currently enrolling for the online

Professional Diploma in Dispute Resolution (Mediation) 

which commences in June 2021. This is a fully online programme for those seeking to work in the area of dispute resolution. UCD has partnered with online education start-up Mediator Academy to deliver this programme which is the first of its kind in Ireland.

Start Date: June 2021

Information: See video of content and contributors here.

Apply Now: Professional Diploma in Dispute Resolution (Mediation)

Email: lawdiplomas@ucd.ie

This unique Diploma has been developed to address the changing ways in which disputes are now being resolved. Businesses and individuals are no longer willing to bear the expense and time of going to court and are turning to alternative ways of resolving conflict. This change means organisations need people skilled in preventing and managing disputes and guiding them through more efficient and successful processes like mediation.

This Diploma is designed to equip participants with the knowledge and skills to prevent, manage and resolve disputes in a wide variety of settings and contexts. The programme takes a practical approach and features a global faculty of expert practitioners working at the cutting edge of dispute resolution. Apply Now at this link.

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Send your webinars/events to Irish Legal News

Get your online events listed on Irish Legal News by contacting our advertising manager, Jeff Anderson, on jeff@irishlegal.com.

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Latest News

High Court: SFPA acted unlawfully by withholding approval of fish-weighing system based on EU concerns

By Killian Flood BL
Killian Flood BL
Killian Flood BL

The High Court has ruled that the Sea-Fisheries Protection Authority (SFPA) acted ultra vires its powers by withholding approval for a pier-side weighing system for freshly-caught fish.

The action was taken by Pelagic Weighing Services Limited and Killybegs Fishermen’s Organisation Limited, who had sought approval for their weighing system to ensure that the proper catch weight was recorded for the purpose of fishing quotas.

Giving judgment in the case, Mr Justice Garrett Simons noted that the European Commission had stated that a privately-owned weighing system was not acceptable. However, it was held that there was nothing in the relevant EU or domestic legislation which precluded private ownership of weighing facilities, and therefore found that the SFPA was acting unlawfully by failing to consider the application.

Background

The system for controlling fishing quotas was principally governed by Council Regulation (EC) No. 1224/2009, known as the Control Regulation. The Control Regulation was designed to give effect to fishing quota policy and obliged Member States to ensure that all caught fish were weighed.

The Regulation established that it was for a competent national authority to approve any weighing system for fish. Following a change in policy in April 2021 for the Commission, all weighing of fish had to be carried out on landing and the previous practice of weighing fish at a factory had to cease.

Under the EU Commission’s Implementing Regulation (EU) No 404/2011, it was established that it was permissible to have both publicly-owned and privately-owned weighing facilities. This was accepted by the SFPA.

Finally, under the Sea-Fisheries (Community Control System) Regulations 2016 (S.I. No. 54 of 2016), the State provided that both the SFPA and the National Safety Authority of Ireland would be responsible for approving weighing systems in Ireland.

The dispute in this case centred on the SFPA’s withholding of approval for a privately-owned weighing system for fish at Killbegs Port. Local fishermen had made a proposal for a “flowscales” which would allow for the weighing of fish on the pier. The fishermen were concerned that the existing weighbridge at Killybegs would lead to damage of the catch and result in lower prices.

The fishermen also proposed the flowscales so that they could remove sea water from the catch, meaning that the water would not be included in the weight for the purposes of fishing quotas. The proposal was approved by the NSAI, but was withheld by the SFPA.

In refusing to approve the flowscales, the SFPA cited correspondence from the EU Commission which stated that it was not appropriate for weighing systems to be privately-owned. It appears that there were concerns that privately-owned facilities could lead to fishing weight being improperly recorded.

The applicants claimed that the SFPA refused the application on the basis of this correspondence, while the SFPA claimed to have deferred the decision on approval pending further engagement with the EU Commission. As a result, the applicants brought judicial review proceedings against the SFPA.

High Court

At the outset of his judgment, Mr Justice Simons stated that the parties were in agreement that there was nothing in the Control Regulation or the Implementation Regulation which precluded private ownership of weighing facilities. This was agreed between the parties. As such, the court noted that the SFPA were not standing over the EU Commission’s position.

The court examined the relevant legislation and held that the EU Commission had no specific role regarding the approval of weighing systems. Rather, the approval was reserved for designated national authorities. The court said the EU Commission had no authority to impose a new legal requirement, which it contended for in its correspondence with the SFPA.

The court held that the SFPA had failed “to point to any proper legal basis for its continued failure to reach a decision – one way or another – on the approval of the pier-side weighing system at Killybegs Port”. Further, it was accepted that the EU SFPA was not bound by a decision of the EU Commission.

The court rejected a submission that it was reasonable for the SFPA to defer a decision on the system pending further engagement with the Commission. The court held that the gravamen of the applicants’ complaint was a jurisdictional challenge to the failure to make a decision on approval. It was not a merits-based challenge to a discretionary decision, the court said. Accordingly, it was not open to the SFPA to rely on the reasonableness ground under cases such as O’Keeffe v. An Bord Pleanála [1993] 1 I.R. 39.

The court held that the SFPA had abdicated its statutory decision-making function in the case. The SFPA was obliged to regulate the approval of weighing systems itself and, although the Commission had general auditing functions over the SFPA, this did not give it any entitlement to make decisions on approval.

Finally, Mr Justice Simons rejected a challenge by the SFPA as to the locus standi of the applicants. The court held that Pelagic Weighing Services, as owner of the new weighing system, had sufficient standing to bring the proceedings. As such, it was unnecessary to consider whether the Killybegs Fishermen’s Organisation, as a representative body, had sufficient standing in the proceedings. However, considering Friends of the Irish Environment v. Government of Ireland [2020] IESC 49 and Construction Industry Federation v. Dublin City Council [2005] IESC 16, the court stated that there were in fact strong grounds for saying that the Organisation had sufficient standing in the case.

Conclusion

The court held that the SFPA had acted unlawfully by continuing to withhold approval for the new weighing system on the basis of the EU Commission’s stance on privately-owned facilities. The court provided a declaration to this effect.

On this issue of mandatory relief, the court held that there was an expectation that full effect would be given to the declaration and therefore mandatory relief may not be necessary. Further submissions from counsel were requested. The court gave a provisional view that one set of costs should be granted for the applicants, as it was not necessary for both applicants to have taken the proceedings.

© Irish Legal News Ltd 2021

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New legal partnerships spark concern over future of independent referral Bar

Andrew McKeown BL
Andrew McKeown BL

Barristers and solicitors will be able to form legal partnerships together under new legislation announced by ministers this morning – in spite of concerns that the reforms will undermine the independent referral Bar.

Justice Minister Heather Humphreys and minister of state James Browne today published the general scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2021, which is being drafted as a priority.

"A key reform of this bill is that it will facilitate the introduction of new legal partnerships, which will enable barristers and solicitors to jointly provide legal services for the first time, thereby offering a greater range of services and legal expertise to their clients," Mrs Humphreys said.

However, practising barrister Andrew McKeown BL told Irish Legal News: "The new model proposed carries with it none of the attendant benefits of the independent referral Bar."

The Legal Services Regulatory Authority (LSRA) carried out a consultation on the introduction on legal partnerships in 2017 and noted, in its final report, the "strong reservations voiced by the Bar Council and Honorable Society of King's Inns about the overall concept".

It also noted that the former Competition Authority had suggested in a 2006 report that "it is possible a large number of the most capable advocates would be enticed to work for the larger city-based firms" and therefore "smaller rural and urban clients would no longer be able to access those advocates".

"As a result there could be a reduction in the supply and quality of advocacy service for smaller buyers," it said. "However, these worries are only likely to arise if the largest solicitors tie up a significant proportion of the currently independent barristers."

Commenting on the new bill, Mr McKeown said: "The Bar of Ireland is built on the cooperation of over two thousand colleagues. Its vast stores of knowledge present in its large libraries and databases pale in comparison to the combined knowledge of these barristers. These proposed partnerships could not provide this.

"They would be less likely to engage barristers outside of their membership. This would limit the expertise that consumers engaging them would have access to."

He added: "Most law firms in the country are small. Over 2,000 solicitors firms in Ireland have five or fewer solicitors. The current system of solicitors’ firms briefing independent counsel means that the small firm and the large firm have equal access to the referral Bar.

"Small firms instructing counsel can, and do, compete with large firms every day in our courts. This means that consumers have equal access to specialised advocacy, and legal costs are reduced by the engagement of barristers only when it is necessary."

The Department of Justice has said it will "now work closely with the Office of the Attorney General to progress the bill to ensure publication in the summer session".

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Five extra High Court judges 'one of the largest increases in recent memory'

The planned appointment of five additional High Court judges is "one of the largest increases in judges approved in recent memory and a very significant investment by the State in judicial resources", ministers have said.

The government, which announced its plans to expand the High Court bench in April, today confirmed the necessary legislative changes would be included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2021.

Justice Minister Heather Humphreys said the five extra judges would "ensure sufficient resources are available to address areas of immediate need within the Court, including the pressures on criminal justice arising from Covid and the issues arising in terms of strategic infrastructure development".

Ms Justice Mary Irvine, president of the High Court, recently called for the appointment of 15 to 20 additional judges, warning that the current bench of 37 judges was not enough to handle the coming “tsunami of litigation”.

In April, Maura McNally SC, chair of the Bar Council, said: "Our view is that while five additional High Court judges is welcome, the need is in fact many times that, something raised by the President of the High Court some weeks ago."

A report from the European Commission for the Efficiency of Justice (CEPEJ) last year noted that Ireland has just 3.3 judges per 100,000 people, compared to a European average of 21 judges.

Ireland also has one of the lowest judicial budgets, with just 0.1 per cent of GDP spent on the judiciary compared to a European average of 0.33 per cent.

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Child care case reports show children suffering serious mental health issues

Dr Carol Coulter
Dr Carol Coulter

Serious mental health issues among children, the care of unaccompanied minors and domestic violence all feature in the latest volume of reports from the Child Care Law Reporting Project (CCLRP).

The CCLRP has today published 53 case reports from proceedings in courts around Ireland where applications were made to take children into care.

Concerns about the risk domestic violence poses to children feature in six of these cases, over 10 per cent of the total, and difficulties in obtaining appropriate treatment for children with serious mental health issues feature in four.

In one of these cases, Tusla reported difficulties in finding a suitable residential placement for a disturbed young boy who was too young for a special care placement, which is only open to children between the ages 11 and 18 who can be detained in such a unit for therapeutic and educational support.

The District Court also heard applications concerning five children who were in the State unaccompanied by a parent or guardian, including one who had gone missing from care. Ongoing issues of neglect arising from addiction to alcohol or drugs, cognitive disability or parents’ mental health issues continued to give rise to care applications by Tusla.

The reports also reveal some positive outcomes for children and their families. They include the case of a boy who spent 11 years in care and was preparing to sit his Leaving Certificate with a view to studying social work, as well as the reunification of a young mother and her baby following the discharge of a supervision order, where the mother had received supports from the CFA.

CCLRP director Dr Carol Coulter said: "It is very concerning that it appears so difficult for children with mental health problems to receive the assessments and treatment they need, including inpatient treatment, in a timely manner. Children’s mental health facilities clearly need increased resources."

Dr Coulter also stressed that the prevalence of domestic violence concerns in care applications shows the need for greater focus on the impact of domestic violence on children.

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NI: Defamation laws could be brought in line with England by next year

Mike Nesbitt
Mike Nesbitt

Northern Ireland's defamation laws could be brought in line with England and Wales before the end of the current Assembly mandate, former Ulster Unionist Party (UUP) leader Mike Nesbitt has said.

Mr Nesbitt yesterday introduced a private member's bill in the Northern Ireland Assembly which would replicate the reforms in the Defamation Act 2013, which overhauled the defamation regime in England and Wales.

The proposed reforms include the introduction of a "serious harm" test requiring claimants to show they have suffered serious harm before suing for defamation and new statutory defences of truth and honest opinion to replace the common law defences of justification and fair comment.

Mr Nesbitt previously introduced a private member's bill on defamation reform which fell when the Assembly collapsed in January 2017. It was effectively endorsed by Dr Andrew Scott of the LSE in a report for the Department of Finance in 2016.

Speaking to Irish Legal News this morning, Mr Nesbitt said his reintroduction of the bill was delayed due to "a difficulty with clause five, which is about the operators of websites, because internet, under telecommunications, is a reserved matter".

However, he contacted Northern Ireland Secretary Brandon Lewis and successfully secured consent "a few weeks ago" for the Assembly to legislate on the matter, allowing the Speaker to declare the bill competent.

Mr Nesbitt said: "I know that the Department of Finance have been looking at [defamation law reform], but it was made clear to me by the current minister, Conor Murphy, that they would not be bringing legislation in this mandate, so I have decided to press on."

He added that he would be seeking to have the second reading of the bill "very early after summer recess", allowing enough time for it to be considered by MLAs and still make it into law before the end of the mandate.

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Bill to give children born in Ireland citizenship sooner moves forward

Children born in Ireland to parents who are not Irish citizens will be able to gain Irish citizenship sooner under legislative plans announced today.

James Browne, minister of state with responsibility for immigration, confirmed that changes to the naturalisation process would be included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2021.

The amount of time children have to be resident in the State to become Irish citizens will be reduced from five years to three years and the continuous residence requirement will be relaxed.

The government previously announced in March that it would make changes to the process following discussions between then Justice Minister Helen McEntee and Labour Senator Ivana Bacik.

Ms Bacik, a qualified barrister and legal academic, sought to make similar changes through her Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill, which she introduced to the Seanad in 2018.

Mr Browne said: "I know it has been a cause for concern for some that children born in Ireland to non-Irish parents do not have an automatic entitlement to citizenship.

"We fully respect the change made by the Irish people in the 2004 referendum, however we believe that providing a shorter pathway to citizenship is the right thing to do for these children."

He added: "We are reducing the residency requirement from five years to three years. The bill will also set out clear procedures that will apply where a citizenship application is made on behalf of a child.

"Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances."

The Department of Justice has said it will "now work closely with the Office of the Attorney General to progress the bill to ensure publication in the summer session".

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NI: Central database of alcohol licences could be established

A central database of alcohol licences in Northern Ireland could be introduced following the most comprehensive changes to liquor licensing laws since 1996.

Stormont's communities committee has published its report on the Licensing and Registration of Clubs (Amendment) Bill, which returns to the chamber for the consideration stage debate today.

Committee chairperson Paula Bradley said a number of important amendments proposed by the committee had been accepted by Communities Minister Deirdre Hargey.

Ms Bradley said: "These include the removal of current restrictions on licensed premises over the Easter weekend, additional Sunday opening times to reflect current weekday and Saturday hours and an increase in the number of days, from 85 to 104 per year, that small pubs and registered clubs can apply for a late licence.

"Committee members also proposed a new key amendment which would introduce a licence allowing local producers to operate a taproom during limited hours for 104 days a year.

"We are also pleased that the minister has agreed to consult this summer on our proposal for alcohol to be sold in cinemas. If no serious concerns are raised, a new regulation on this will be brought to the Assembly in the autumn."

The committee report also highlights the "issue of the number of licences in NI and the geographic spread", which it said was hard to gauge in the absence of a "central database to check for any imbalances in the range and spread of licences".

The report states: "The Department agreed with the Committee that there was work to be done in that regard to compile a full and accessible list of all licensed premises. The Minister has engaged with the Justice Minister on taking this forward."

The minister has also accepted a committee amendment to review the new law in three years and every five years after that and to publish guidance once the new law is enacted.

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NI: New proceeds of crime codes of practice to come into effect

Naomi Long
Naomi Long

New codes of practice to help disrupt the activities of organised crime groups in Northern Ireland will come into force at the end of June, Justice Minister Naomi Long has said.

The three revised codes and one new code issued under the Proceeds of Crime Act 2002 (POCA) will bring Northern Ireland into line with legislative provisions in other parts of the UK.

The Department of Justice said the codes are expected to enter force at the same time as the planned commencement of the Criminal Finance Act 2017 provisions in Northern Ireland at the end of June.

A range of preparatory work is also underway to follow commencement, including new arrangements for court rules as well as training for investigators in the operation of the new provisions.

Mrs Long said: "Organised crime is completely and utterly unacceptable, and we must do all we can to prevent it, to pursue offenders and to protect individuals, communities and business in Northern Ireland from its impact.

"I am committed to tackling organised criminality in all its forms, alongside partners in the Organised Crime Task Force. I want to send a clear message that crime does not pay, it is not low risk and high profit, criminals are not beyond the law and their ill-gotten gains are not beyond reach."

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New EU rules require online platforms to remove 'terrorist content' within an hour

New EU rules requiring online platforms to remove "terrorist content" within an hour of receiving a removal order from state authorities have come into force.

The Terrorist Content Online Regulation, which applies as of 7 June 2022, aims to "counter the spread of extremist ideologies online" by introducing stricter rules for online platforms.

Terrorist content is defined in the regulation as "material that incites or solicits someone to commit, or to contribute to the commission of, terrorist offences, solicits someone to participate in activities of a terrorist group, or glorifies terrorist activities including by disseminating material depicting a terrorist attack".

Margaritis Schinas, the European Commission's vice-president for promoting our European way of life, said: "With these landmark new rules, we are cracking down on the proliferation of terrorist content online and making the EU's Security Union a reality.

"From now on, online platforms will have one hour to get terrorist content off the web, ensuring attacks like the one in Christchurch cannot be used to pollute screens and minds. This is a huge milestone in Europe's counter-terrorism and anti-radicalisation response."

Ylva Johansson, commissioner for home affairs, added: "Taking down terrorist content immediately is crucial to stop terrorists from exploiting the Internet to recruit and encourage attacks and to glorify their crimes. It is equally crucial to protect victims and their families from being confronted with crimes a second time online.

"The Regulation sets clear rules and responsibilities for member states and for online platforms, protecting freedom of speech where warranted."

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LEAP software keeps law firms working remotely Sponsored post

Ben Aslet, LEAP UK Marketing Manager, explains how law firms using LEAP’s cloud-based practice management solution are successfully adapting to remote working and how it’s as near as can be business as normal for law firms using LEAP. He said LEAP have talked to several law firms using the software to find out how they are managing with life away from the office.

The current health crisis means that more and more legal professionals are working from home. Many are showing resilience and agility in the face of the lockdown and those firms that are equipped and have remote-friendly software are faring much better than those have not.

Mike Leeman, BLJ Solicitors comments We now have 50 members of staff working seamlessly from home, thanks to LEAP Legal Software UK.”

We have been working hard to support our clients to acclimatise during lockdown and the feedback that we have received has been incredibly encouraging with many very grateful that they made the transition to cloud software when they did so that their business can continue functioning remotely. Eliot Hibbert of Nexa Law adds: “LEAP is helping our lawyers continue to offer a seamless service in what is a challenging and unprecedented environment.” 

Our Helpdesk and Client success teams have been touching base with our clients to ensure that they can continue to remain productive during the crisis and in many cases our clients are now beginning to understand the true value of LEAP. Paula Langley, Practice Manager, Bookers & Bolton says: “We love it! We are all happily working from home immediately and by taking our work machines home we have fully functioning desktops immediately.

We are finding that firms are benefitting from LEAP’s existing integrations with leading software providers such as LawConnect, for secure document sharing and collaboration with their client. As Stephanie Richardson, Office Manager, Evolve Family Law Ltd puts it: “We are able to create correspondence with all the enclosures without printing a single piece of paper, building bundles and briefs virtually with a click of a button and sharing securely via LawConnect.”

Many LEAP firms are using RapidPay which lets your clients pay you quickly and conveniently online. Ms. Bushra Ali, Director and Head of Practice of Bushra Ali Solicitors and Immediate Past President of the Leicestershire Law Society says: “We can claim fees from clients much quicker and more efficiently. LEAP made it possible for us to shift all our staff to work from home and to be able to operate the entire firm remotely.”

We also hope that our clients will appreciate our continued development of the software to help law firms to work from home during this difficult time. Since the beginning of lockdown LEAP have launched some additional exciting new features that will benefit law firms when working from home.  Via the LEAP Mobile App, iPhone and iPad users can now make FaceTime video and audio calls to clients and other parties, time record these calls and can invite clients to prearranged FaceTime meetings.

LEAP now integrates with Microsoft Teams, meaning law firms can work across multiple locations and staff can share and collaborate on documents and matters, conduct audio or video calls across the team and schedule client call backs directly from LEAP using Microsoft Teams' instant messaging service.

At LEAP we are committed to making our software ever easier to use and more versatile so that our law firms can get on with doing what they do best – practising law. We were one of the first legal software vendors to utilise cloud technology and the fact that our clients are able to function remotely so well is a validation of the work our research and development teams have been undertaking for many years. Stay safe everybody, and keep your clients happy!

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Stewart Title Business Continuity Programme Sponsored post

As concern regarding COVID-19 (coronavirus) continues to evolve, Stewart Title is closely monitoring developments including the recommendations made by healthcare authorities and the UK government, in order to safeguard the health and well-being of our employees while ensuring our continued ability to serve our clients.

We also wanted to assure you that Stewart Title’s Business Continuity Programme was designed to address these types of events and ensure our organisation is prepared to maintain the delivery of products and services with minimal disruption on service levels.

Accordingly, we wanted to inform you that the regular means of accessing our services remain unchanged and that there are tools and policies available that may be of assistance:

  • Online ordering via Stewart Solution from where you can continue to order cover for over 150 title indemnity risks. Our online ordering site is available at anytime and can be accessed on your tablet or mobile. If you’re currently not a user, but wish to sign up, you can register on the site at stewartsolution.com.
  • Our Underwriting Team is available for more complex matters or where you need to discuss your transaction. Enquiries can be sent by email to quotes@stewart.com or by phone on 02070107820 or 02070107821. Should you choose to contact us by email, please include your name, contact information, Stewart file number (ST/**********) and a brief description of your enquiry. One of our team members will get back to you in a timely manner.
  • No Search and Search Validation Policies are available to help your client’s transaction to proceed if you are unable to obtain the results of the normal pre-contract searches from public bodies, as a result of changes to working hours or closures due to COVID-19.

We hope that by providing you with the above information, we have been able to alleviate some of your concerns during this challenging time.

We wish you, your family and your associates continued health and resilience. We will continue to be in touch as the situation develops.

elizabethbirrell@stewart.com 07940513681

johnlogan@stewart.com 01698 833308

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Global Language Services Ltd Sponsored post

Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.

However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.

For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.

Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.

So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.

We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.

If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.

With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.

Call Today on +44 (0) 141 429 3429 to discuss your Project

or email mail@globallanguageservices.co.uk

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Quote of the day

In the sphere of thought, absurdity and perversity remain the masters of the world, and their dominion is suspended only for brief periods.

Arthur Schopenhauer

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And finally... love your neighbour

A pair of long-time feuding neighbours have returned to court over an unwanted Facebook friend request.

Mary O'Neill complained that she had received a friend request from her neighbour Peter Malcouronne, even though she is subject to a restraining order banning her from contact with him.

Lawyers for Mr Malcouronne insisted in court that their client has no knowledge of a Facebook friend request but might have "accidentally pressed the wrong button".

The neighbours in Napier, New Zealand have been in and out of court ever since Mr Malcouronne and his family moved into their home in 2018, stuff reports.

At one point, both had restraining orders in place against the other, but the restraining order against Mr Malcouronne was lifted in 2019 after a judge said Ms O'Neill was "the indisputable and relentless harasser".

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