I have just discovered a load of emails sent this morning - for some reason
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Carmel
Dr Carmel Quinlan,
Mature Student Officer,
University College Cork,
Ireland.
Tel: 353-21-4903670
-----Original Message-----
From: R M Talbot [mailto:[log in to unmask]]
Sent: 12 January 2005 09:44
To: [log in to unmask]
Subject: Conference.
The following conference may be of interest to some of you. I suspect
that the first theme is likely to be of most interest.
Rhiannon Talbot
Irish Association of Law Teachers
Annual Conference 2005
Friday 18th March to Sunday 20th March
Letterkenny Institute of Technology
Co Donegal
Theme - Law in the New Ireland
Justice Susan Denham, senior ordinary judge of the Supreme Court, and
lately first Chairperson of the Court Service Board, will give the
opening address of the Conference.
Call for Papers
........................................................
Theme
Throughout their short existence both jurisdictions in Ireland have
failed to establish the acceptance of their legitimacy by significant
elements. If this is overcome what will it mean for the development of
our law? Thus the main context is the law in light of the new political
settlement in Ireland after the many years of political conflict.
Is the Belfast Agreement workable? (Though it is hoped that by the time
of the Conference there will be a new Executive in place in the North).
Did the law fail in being unable to offer a solution to the conflict for
so long?
Might the change in Ireland simply be a reflection of the constitutional
change that is taking place in the United Kingdom as it moves towards
being a federal state?
Might a greater issue for the criminal law be Criminal Associations
rather than Unlawful Organisations?
Account may also be taken of:
Tiger Economy
Ireland has progressed to being a developed country. The Irish State by
its tax legislation and financial service legislation has boosted the
economy to a considerable extent. Might there be other legislative
carrots that could be created. The Commercial Court aims to offer a
specialised approach to the disposal of commercial litigation in line
with jurisdictions in leading economies elsewhere.
An Ireland of Equals
The call for Civil Rights now sees Human Rights legislation North and
South. The Equal Status Act, 2000 has taken equality out of the
workplace and into the broader community. The Equality Commission has
an extensive remit. Ireland has dramatically changed in the lifetime of
the IALT. A conservative country that welcomed Pope John Paul II in
1979 now takes a very liberal stance. The law has changed and continues
to change reflecting this.
Internet / E Commerce
Can national law regulate the Internet or are those of us outside the
United States dependent upon the enforcement powers of the US Department
of Commerce. Can viruses and spam be dealt with at a national level?
Is the Electronic Commerce Act, 2000 merely an Electronic Signatures Act
and can it possibly be anyway effective?
E Law
Governments are committed to interaction with their citizens online. An
eCourts plan was published in 2001. The small claims procedure is
expected to go online shortly, how far away are E-Courts? Will
pleadings become E-Documents? The purpose of the Registration of Deeds
and Titles Bill, 2004 is to provide a clear statutory basis for the
registration of titles and deeds on computer in the Registry of Deeds
and the Land Registry, and for a digital mapping system, with a view to
preparing the way for an electronic conveyancing system
('e-conveyancing'). If this can happen with the Law of Real Property,
the rest of the law should be no problem.
Cost and efficiency of the law
The Personal Injuries Assessment Board is now operating, and the Civil
Liability and Courts Act, 2004 is establishing a new mode of litigation
in respect of civil injuries actions. The level of legal fees and costs
in civil litigation are being examined.
Legal Profession
By any measure the concerted practices of legal undertakings are
anti-competitive. The Competition Authority will shortly issue a report
on both the barrister's profession and the solicitors profession. A
final report is expected in early 2005. Issues such as fusion;
multi-disciplinary partnerships; direct professional access by clients
to barristers; and advertising of fees are being discussed.
Law Reform
Many areas of law have undergone reform in recent years. Consolidation
is proposed in a number of areas Company Law and Criminal Law for
example. Land Law is to be modernised and the Registration of Deeds and
Titles Bill proposes to repeal the Registration of Deeds Act (Ireland)
1707, (perhaps the danger from Papists acquiring land has passed).
Questions may be raised as to the slowness of the process of changing
the law. Why has the Interpretation Bill, 2000 and the Criminal Law
(Insanity) Bill, 2002, not yet been passed.
Statute Law Revision / Restatement
Provision has now been made in Law for restatement of pre 1922 statutes.
The Statute Law Revision (Pre 1922) Bill 2004 proposes the repeal of 90
older statutes that pre-date the foundation of the State that are no
longer in force and are considered to be spent, or, are still in force
but no longer of practical utility. The earliest of which is the
Statute of Westminster of 1285, and include the Adulteration of Coffee
Act 1718, and Adulteration of Tea Act 1776. A glance back at some of
these older provisions might be a topic of interest.
Comparative issues
The legal issues that now arise in the New Ireland are not exclusive and
other jurisdictions are resolving or attempting to resolve the same
issues. It would be both interesting and informative to hear of other
experiences.
Europe
The E(E)C has gone from 6 or 9 to 25 in a very short period of time,
might it approach 30? The legislation of the European Communities is
clearly supplanting the common law as a source of law. Is this bound to
continue in a greatly enlarged Community?
Will the European Convention for the protection of human rights and
fundamental freedoms make any difference given the development of law to
date?
General Information on Conference
The Conference will be held on Friday and Saturday in the Letterkenny
Institute of Technology and on Sunday in the Conference hotel. Early on
Saturday afternoon after the Annual General Meeting of the Association a
Coach Tour of Donegal is proposed.
Abstracts
Please send short abstract of proposed papers, and remember that you
will only be able to speak for around 25 minutes.
Updated information: www.IALT.org Contact: [log in to unmask]
Dr R M Talbot
Deputy Admissions Tutor
School of Law
University of Newcastle upon Tyne
NE1 7RU
direct line: 0191 222 8543
fax: 0191 212 0064
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