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ISSUE 5 DECEMBER 2016 | WWW.COURTS.IE
NUACHT NA SEIRBHÍSE CÚIRTEANNA
Commemorating 1916
New Courthouses
Public Guardian
Conference
Festive Features
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
CONTENTS
5
3
22
10
REGULARS
Welcome Note
Appointments
Retirements
Through the Lens
FEATURES
Christmas Messages
A look back at 2016
1
15
16
22
2
3
NEWS
Praise for Ireland’s judges
9
Public Guardianship Conference
10
Buildings News
11
SOCIAL
Book reviews Film reviews
Festive Fun
18
19
21
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
1
WELCOME
Courts Service News is the magazine
of the Courts Service. Contributions are
drawn from a wide area and do not
necessarily reflect the views or policies of
the Courts Service. The editors reserve the
right to edit all contributions, including
letters.
Courts Service News,
Information Office,
15-24 Phoenix Street North,
Smithfield,
Dublin 7.
Welcome to the December issue of Courts Service News
Telephone (01) 888 6459
Email [email protected]
Web www.courts.ie
As Christmas approaches, we look back on another year of activity in, and around,
the courts. We recall, in particular, the events organised during this very special
commemorative year. The Easter Rising and the Battle of the Somme were remembered
with dignity and solemnity, and with due regard to the memory of all who gave their lives
during that historic time in our history (see pages 3 and 4).
Editorial Team
Helen Priestley,
John Whelan,
Gerry Curran.
With an increase in funding in 2016 came news of the revival of the Courts Service
Building Programme. We watched, with anticipation, the construction work underway to
provide seven new courthouses around the country and look forward to celebrating their
completion in 2017 (see pages 5 and 6). We also welcomed news of a proposed major
civic building in Dublin on a site off Church Street (see page 6).
Design and Print
Paul Martin Communications,
1 Dodder Park Grove,
Rathfarnham,
Dublin 14.
D14 TF72
www.paulmartin.ie
Major projects require considerable planning and organisation. We mention the new
Change Management Office and the renewed focus on staff learning and development (see page 7).
Alternative methods of dispute resolution continue to be promoted with members of
the judiciary recommending mediation particularly in family law cases (see page 13).
Meanwhile, the Drug Treatment Court welcomed some high profile visitors to observe its
alternative approach to certain criminal charges (see page 8).
If you would like to contribute an article,
a book or film review, please contact the
editorial team at courtsservicenews@
courts.ie
At the recent National Judicial Conference, the Chief Justice spoke about the work of the
judiciary and their efforts to reform the judicial appointments process (see page 9). Judges
and staff from Ireland and abroad with an interest in the affairs of wards of court joined
together to discuss current and future issues at the recent Public Guardian Conference in
Dublin Castle (see page 10).
As befits this time of year, we feature reviews of books (see page 18) and films for your
festive viewing (see pages 19 and 20) ; and we have a delicious recipe (see page
21) and a seasonal quiz (see page 21).
We also bring news of appointments and retirements, and remember some colleagues
recently deceased.
As always, we are indebted to all who have assisted us during the year with contributions,
comments and suggestions. Your support is invaluable as we endeavour to bring news
about what’s happening around the courts. To subscribe, visit the ‘Publications’ section of
our website (www.courts.ie) or email: [email protected].
We wish all our readers a happy and healthy Christmas and a peaceful New Year and look
forward to hearing from you all again during 2017.
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The Courts Service News Team
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
CHRISTMAS MESSAGES
CHRISTMAS MESSAGE FROM
THE CHIEF JUSTICE
CHRISTMAS MESSAGE FROM
THE CHIEF EXECUTIVE
2016 has been a busy and eventful year in the world of
business, commerce, law, politics, change, and challenge.
It will not be forgotten quickly not least because of the
number of well known, iconic and legendary figures it has
taken from us.
Winter is a call to slow down and pause for a while, and
Christmas is a time to step away from work and rejuvenate
and plan for the New Year.
As we leave this centenary year, where we marked the
1916 Rising, we may reflect on what that Rising means to
us today, to our democratic traditions and beliefs, and to
our service to the public.
As civil servants of the State, the staff and management
of the Courts Service are committed and resourceful, as
they ensure the smooth operation of our courts. That
commitment is one of the many factors which makes the
Courts Service a leader in the Public Service. I thank you for
your dedication.
I am grateful also to the members of the legal profession,
the Gardaí, the prosecutor and defence teams, and those
who provide support to victims. All these groups help
create a functioning legal system that meets the expanding
and often complex demands placed upon the courts.
I wish you and yours a very happy Christmas and peaceful
New Year.
Susan Denham
This has been another busy year for the Courts Service.
Workloads continue to place considerable demands on
our staff across all court jurisdictions and in our support
areas. As ever, I am grateful for their ongoing commitment
and effort and am glad that this year saw us return to
investing in people through expanded learning and training
opportunities, and the recruitment of new colleagues. We
are investing in improved and expanded ICT infrastructure
to help us deliver improved services to all who use our
courts, while our renewed investment in court buildings is
also coming to fruition in seven towns and cities around the
country.
As the year ends, we look back on 2016 as the year when
we commemorated the historic events of 1916. I thank
our staff who were involved in various events around the
country. I am proud that our efforts will form part of an
archive of records so future generations will know how
we remembered those who were involved, not only in the
Easter Rising, but in the Battle of the Somme, all those
years ago.
The legal community and a variety of other professions
continue to play an important role in supporting our aims
and objectives. I thank them, the Board of the Courts
Service, the judiciary, our colleagues in the Department
of Justice & Equality and colleagues across the public
sector for their commitment to joining with us to provide
a modern, functioning court system. We must never take
for granted the thousands of people and individual efforts
which make it function every day.
At this festive time I extend my thanks for all those efforts
and wish everyone a great Christmas and a healthy and
happy New Year.
Brendan Ryan
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
It was a year dominated by events commemorating 1916 – from the Easter Rising to the Battle
of the Somme; a year when the Courts Service welcomed cranes back onto the skyline as
buildings rose up in seven locations; a year when planning for a major new civic court building
commenced; a year when the Service adopted a new approach to managing change; a year
when staff learning and development came back onto the agenda; and all the while the business
of the courts continued to be supported in civil and criminal courtrooms, and court offices the
length and breadth of the country:
Commemorating 1916
Exhibition in Four Courts
The role played by the Four Courts in the
Easter Rising 1916 is often overlooked by its
more dramatic destruction in 1922. Events
in 2016 emphasised the importance of the
Four Courts, and the surrounding area, to
the historic events that occured.
In March, the Chief Justice opened an
exhibition ‘Bullets Books and Barricades, the
story of the Four Courts Garrison’, which
included an insight into the occupation of
the Four Courts on Easter Monday 1916
and the events of the following days.
The exhibition, a collaboration between
the Courts Centenary Commemoration
Committee and the Bar of Ireland, was
hosted in the Round Hall of the Four Courts
for a number of months before moving to
the Bar of Ireland’s Distillery Building on
Church Street.
Wreath laying ceremony remembers
Four Courts Garrison Volunteers
The Volunteers of the Four Courts Garrison
were remembered at a wreath laying
ceremony in the Quadrangle of the Four
Courts on Easter Monday by the Chief
Justice. She, together with Minister for
Justice & Equality Frances Fitzgerald and
Andy Farnham a representative of the
relatives, laid wreaths in memory of those
who died in the Four Courts 100 years ago.
“What struck me in reminding myself of
this historic event was the care shown by
the volunteers to those captured from the
enemy force. Not only did they treat them
humanely here in the Four Courts, but the
lives of many were saved by the Volunteers
when a water mains burst and those in the
cells of the Bridewell were about to drown.
Bravery must extend to doing the right
thing - to being humane. Our Four Courts
Volunteers certainly showed that bravery,
not just in fighting, but in respect for those
they overcame.”
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Justice Minister Frances Fitzgerald said,
“we are gathered here today not just to
acknowledge the memory of those who
participated in those momentous events but
more importantly in memory of the ideals
they stood for. For many of you present
here today, this is a personal journey - a
journey into family memory and history. But
it is part of our national and international
history too. Your ancestors were part of a
movement that changed the fault lines of
history. Their actions along with those of
the other Volunteers in Dublin, Wexford,
Galway, Meath, Cork and Kerry – in that
momentous Easter Week in 1916 - led
ultimately to the establishment of this State
– one of the oldest continuous democracies
in the world. It is a legacy that we must
cherish and protect above all else”.
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
A large crowd gathered in the Supreme
Court in July to hear David Nolan SC, Gerry
McAlinden QC, and Ciaran O’Mara solicitor,
recall barristers and solicitors who died in
the horrendous conditions of the Belgian
battlefields in 1916.
New lease of life for
Kilmainham Courthouse
President Michael D. Higgins opened the
refurbished and resplendent Kilmainham
Courthouse in March. The old courthouse,
handed over by the Courts Service to the
OPW as a contribution to the centenary
commemorations, was totally renovated
into a visitor centre for the adjacent
Kilmainham Gaol.
Praising the magnificent work, Chief
Justice Susan Denham said “This former
courthouse, a place of justice, is now part
of a centre which tells a story of detention
and executions. It is a vital window
into our past. It proclaims its story, and
challenges minds, both young and old. It
is an important resource in appreciating
and understanding our past. The project
offers the opportunity to curate in new
ways the history around it; to accommodate
the increased numbers of visitors, and
the heightened interest in the period the
Gaol is most associated with; and to make
the experience of those who visit more
enjoyable”.
one, and it is for the greater part a history
steeped in great sadness and human
tragedy. Originally built in 1796 as the
County Gaol for Dublin, these premises
have witnessed the detention of many
leading figures in Ireland’s lengthy battle for
independence from British rule, including
Robert Emmet, Thomas Francis Meagher
and Charles Stewart Parnell, as well as so
many of the main participants in the Easter
Rising of 1916, the War of Independence
and the Civil War. This prison has also, of
course, served as the place of detention for
a much greater number of ordinary men,
women, and even children, who suffered
greatly within these walls”.
Remembering the Somme
Several events with a legal connection were
held to commemorate the centenary of the
Battle of the Somme.
President Higgins said that the building
“stands for many as a symbol and a
reminder of those who, a hundred years
ago, bravely risked, and in so many
cases sacrificed, their lives so that future
generations of Irish men and women might
live as citizens of a free and independent
State. The history of the Gaol and
Courthouse is of course a long and rich
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One of the barristers killed in the Somme
was Thomas Kettle, who died aged 36 on
9th September 1916. Remembered in the
memorial to barristers who died during the
First World War in the Four Courts his legal
and considerable other life experiences
were recalled in an event organised by
the Department of Arts, Heritage and the
Gaeltacht, with input from and participation
by the Department of Foreign Affairs
& Trade and the Defence Forces, in St.
Stephens’ Green in September. Members
of Mr. Kettle’s family joined the Minister for
Foreign Affairs Charles Flanagan T.D., Chief
Justice Susan Denham, and a host of others
in an afternoon of poetry and music.
The forecourt of Kilkenny Courthouse was
transformed in August to display a scene to
depict the Battle of the Somme. Kilkenny
County Council and the Kilkenny Great War
Memorial Committee collaborated to create
an impressive exhibition area that included
information and educational panels, and a
recreation of a Somme trench to convey the
squalor of the conditions and desolation of
those sent out to fight.
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
BUILDING
PROGRAMME
STARTS AGAIN
Once in a generation investment in
new courthouses
There was much to be encouraged
about on the buildings front as work
commenced on the construction of four
new courthouses and three full courthouse
refurbishments across the country. These
projects, which see the creation of
700 construction industry jobs, are in
Cork, Letterkenny, Wexford, Limerick,
Mullingar, Drogheda and Waterford. They
are being delivered by way of a Public
Private Partnership with BAM PPP PGGM
Infrastructure Cooperatie U.A. This
consortium is constructing and delivering
the projects, at a cost of €135 million, and
will provide ongoing facilities management
of the venues.
Welcoming the commencement of
the construction, the Chief Justice, as
Chairperson of the Board of the Courts
Service, thanked the Minister for Justice &
Equality for her assistance. “The projects
will create a future which promises a great
change in the axis of activity in the legal
world of several towns and cities. The
investment in these seven projects is the
largest single investment in regional court
structures in the history of the State. They
will bring world class court facilities to each
city or town”.
DROGHEDA, CO. LOUTH
LIMERICK CITY
A new courthouse consisting of two
courtrooms and associated facilities to be
constructed on a landmark town centre
site adjacent to the River Boyne. Due to be
completed in April 2017.
A new criminal courthouse to be built on a
site adjacent to Limerick Prison, to include
six courtrooms, custody facilities, court
offices and associated facilities. Due to be
completed in October 2017.
LETTERKENNY, CO. DONEGAL
WEXFORD TOWN
Work on the construction of the projects
will take up to 24 months with the Courts
Service planning to begin to move court
business into the venues in 2017. The
projects include the design, build, finance
and maintenance of facilities ranging in size
from 1,354 m² to 8,490 m² in gross floor
area as follows:
A new courthouse to accommodate four
courtrooms and associated facilities to
be constructed on a town centre site close
to the existing courthouse. Due to be
completed in September 2017.
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The refurbishment and extension of an
existing landmark building to provide a new
courthouse for Wexford Town consisting
of four courtrooms, custody facilities, court
offices and associated facilities. Due to be
completed in September 2017.
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
CORK CITY
The refurbishment and extension of the
existing landmark courthouse building
at Anglesea Street to accommodate six
courtrooms, improved custody facilities,
court offices, the regional office and
associated facilities. Due to be completed in
December 2017.
MULLINGAR, CO. WESTMEATH
The refurbishment and extension of the
existing historic courthouse in Mullingar
to accommodate three courtrooms,
improved custody facilities, court offices and
associated facilities. Due to be completed in
November 2017.
Hammond Lane – unveiling the future
Planning commenced for a landmark civic building complex in Dublin during
the year. The new complex, to be delivered via a Public Private Partnership by
the end of 2020, will provide a purpose built state of the art Family Law and
Children’s Court complex comprising19 family law courtrooms over four floors
for three court jurisdictions; two Children Courts with Jury Courtroom; support
services; new Supreme Court; and accommodation for Courts Service staff
currently based in Phoenix House.
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WATERFORD CITY
The refurbishment and extension of the
existing historic courthouse in Waterford
to accommodate six courtrooms, improved
custody facilities, court offices and
associated facilities. Due to be completed in
November 2017.
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
NEW APPROACH TO
MANAGING CHANGE
Major change projects require a coordinated
approach to delivery. The Service established
a Change Management Office during the
year to implement change with impact, in a
co-ordinated manner. The Office will consider
matters such as the critical success factors
that will ensure successful implementation of
projects, and a governance structure to deliver
and drive a programme of change and reform.
Several critical challenges face the Court
Service over the next 3-5 years. They are: to
consolidate and continue to fulfil the statutory
mandate to manage the courts, to value staff
by investing in a learning and development
programme, and to exploit the potential for
further integration and collaboration with
partners in the Justice and legal community.
(pictured from l to r) Courts Service CEO Brendan Ryan, Chief Justice Susan Denham, Head of
Learning and Development Deirdre Doyle, Head of Resource Management Sean Quigley and
Richard Kelly, Learning and Development
NEW LEASE OF LIFE FOR LEARNING AND
DEVELOPMENT OF STAFF
Staff learning and development did not receive high priority following the economic
downturn in recent years. However the relaxation of embargos on staff recruitment
following the availability of increased funding coupled with the need to provide for
the likely retirement of a large part of the workforce in the next few years saw a refocus on this vital area during the year.
Audrey Leonard, Head of Change Management
Office
The Learning and Development Strategy 2016-2018, officially launched by the Chief
Justice in March, was followed by a series of workshops to outline how the new
strategy will help address a range of issues and challenges. The workshops, held with
staff in Dublin and throughout the country, were attended by the Chief Executive
and members of the Senior Management Team (SMT). Key actions under the new
strategy are the establishment of a Learning and Development Committee, and the
capturing and sharing of the wealth of knowledge of experienced staff. ‘Communities
of Practice’, groups of staff who share a passion for something that they do, will be used to share knowledge and experience, so that each individual can operate more effectively.
ANNUAL REPORT SHOWS
EXTENT OF WORK OF
THE COURTS
The Courts Service Annual Report 2015
published in July 2016 highlighted the work
of the Service and provided statistics on the
work of the courts in 2015. The full Report
is available on www.courts.ie.
The strategy also envisages the introduction of coaching for managers. The Coaching
for Performance programme aims to develop managers skills, particularly in the areas
of people management, communication, listening and providing feedback.
Court caseload data 2015
Civil business by
jurisdiction
Incoming
Resolved
Criminal offences and
appeals (by offence)
Incoming
Resolved
District Court
147,617
119,894
District Criminal Court
405,007
298,797
Circuit Court
57,161
37,865
Circuit Criminal Court
28,978
23,441
High Court
42,717
31,730
Special Criminal Court
45
29
Court of Appeal
641
750
Court of Criminal Appeal
-
6
Supreme Court
109
524
Court of Appeal (Criminal)
862
1,186
248,245
190,763
436,471
324,298
Total
Total
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
LOOK BACK AT 2016...
DRUG TREATMENT COURT CONTINUES
Alternatives to resolving disputes on the civil
side continued during the year, as our report
on mediation shows (see page 13). There
was continued success also for the Drug
Treatment Court with a number of people
graduating having completed various stages
of the Court’s programme. The Court
provides a restorative justice alternative to
a custodial sentence for persons with drug
addiction who have pleaded guilty before,
or have been convicted by, the District
Court for minor, non-violent, criminal
charges connected to their addiction. The
Court heard how the graduates had used
the supports and showed great strength
throughout the process.
Well known homeless rights campaigner,
Father Peter McVerry, visited the Court on a
day when three individuals graduated from
the programme. He joined Judges John
Coughlan, Ann Ryan and Michael Coghlan
in praising the graduates as they completed
the Drug Treatment Court programme and
saw their charges officially struck out. The
Court was also visited by Catherine Byrne,
Minister of State for Communities and
National Drugs Strategy in August. The
Minister met with members of the Drug
Court Team and Judge Gerard Haughton
who discussed the programme before she
sat in on the proceedings in the Court.
From September the Drug Treatment Court
has moved from Chancery Street to Green
Street Courthouse. Visit our website (www.
courts.ie) for more details.
OUTSIDE OF WORK – THE SOCIAL SCENE
Pitch and Putt in mid-summer
An old tradition was revived in June when
the Criminal Courts of Justice held a Pitch and
Putt outing at the Carr Golf Centre at Spawell
in Templeogue, Dublin. A band of sixteen
ventured forth, some hardened golfers, some
total beginners but all on for a light-hearted
evening. Winners on the night included Mary
Feerick for best beginner and John Callanan
for best putter, with the overall prize going to
‘The Oddballs’ captained by Denise Grogan.
(pictured from l to r) Mary Downes, Denise
Grogan, Damien Downey and Margaret Crinion
winners of the overall prize at the CCJ Pitch and
Putt outing
Retired Staff Association
A new group to provide opportunities for retired staff to meet in a social context got off
to a great start during the year. The group, the brainchild of Teresa Brophy and Frank
Ward, held their inaugural event in the newly refurbished Kilmainham Courthouse in
November and enjoyed a Christmas lunch in December. “We are delighted with the
response to date”, Teresa told Courts Service News. “We are planning other events for
2017 and invite all retired staff to get in touch”. Send your contact details via email to
[email protected] or phone John Whelan at 01 8886459.
Teresa Brophy addresses the inaugural meeting of the Retired Courts Service Staff Association in
Phoenix House
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
NEWS...
PRAISE FOR IRELAND’S JUDGES
stated: - “Judges in Ireland have for a very long time been much
respected for a high degree of independence and integrity and
therefore a very high degree of trust from the public”.
The EU Justice Scoreboard 2016 shows that perception of
judicial independence by the general public in Ireland is ranked
5th out of the 28 EU countries, after Denmark, Finland, Sweden
and Austria.
In the World Economic Forum’s 2016 – 2017 ‘Report on Global
Competitiveness’, Ireland was ranked 6th out of 138 countries
examined, under the category “judicial independence”.
The Chief Justice has described the reputation of the Irish
judiciary as excellent, and that it is regarded as top class in recent
international studies. Speaking at the recent national conference of
the judiciary, she used her opening remarks to outline the approach
of the judiciary to reforming the areas of judicial appointments and
the creation of a judicial council.
She said, “there is no doubt that Ireland has come through difficult
times. There is similarly no doubt that Ireland survived the trauma
of global recession and more localised self harm, through every
sector of society pulling its weight. I cannot say enough about
the energy and commitment of my colleagues on the Bench in
reacting to the situation the State found itself in during the past
few years. She told judges from every court jurisdiction that, “you
have in work practice, continued to show an enormous willingness
to change and to undertake more work with less resources. From
my view as Chief Justice and as a judge with a quarter of a century
of experience on the Bench, I see that the judges of Ireland are
undertaking a key role as they maintain the Rule of Law, and the
democratic nature of our State, in these difficult and troubled times.
I am honoured to work with you through this time”.
Three reports were highlighted in the Chief Justices speech which
point positively to the role of the Irish Judiciary:
GRECO, the Group of States Against Corruption, having evaluated
Ireland’s judiciary, while making five recommendations, two relating
directly to the issues of a Judicial Council and judicial appointments,
The Chief Justice said of these reports, “we see that the standing
of the judiciary of Ireland is recognised internationally for what it
is – excellent”.
The Chief Justice commented on the judicial appointments process
saying that, “the judiciary have the led the movement for change
in a number of important judicial areas, especially in the area of a
Judicial Council and the appointment of judges. The judiciary
have been requesting a change in the judicial appointments system
for years”.
She pointed out that the General Assembly of the European
Network of Councils for the Judiciary (ENCJ) was held in Dublin
in May, 2012 and passed the Dublin Declaration to give official
recognition to a report on the standards which need to be
developed for recruitment, appointment and promotion of judges.
The Declaration was supported publicly by herself and the judges
of Ireland. It recommended that any system for the recruitment,
selection and appointment of judges should be independent of
political influence, fair in its selection procedure, open to all suitably
qualified candidates and transparent in terms of public scrutiny.
Following the Declaration the judiciary drafted and submitted
an extensive written submission to the Department of Justice in
January, 2014 regarding judicial appointments. She concluded by
saying that “put simply, in a very thoughtful submission, change
was advocated by the judiciary. A merit based appointment system
was sought. A proposal was made that a limited number of persons
should be recommended to the Government for any appointment”.
PLAIN ENGLISH STYLE GUIDE FOR THE PUBLIC SERVICE
Presenting information in a way that helps people understand
it the first time they read or hear it is the aim of Plain English.
The Reform and Delivery Office of the Department of Public
Service and Reform and the National Adult Literacy Agency
have recently produced a Plain English Style Guide to assist
public servants.
The guide covers a variety of topics such as planning what you
are going to write, vocabulary and style, and writing for the
web. There are tips on capitalisation, grammar and punctuation
and advice on how to design a document. A series of checklists
to help you review your documents, and a list of other
resources, are also provided.
You can download the guide at: http://www.reformoffice.per.
gov.ie/
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
NEWS...
Public Guardianship Conference Dublin Castle 2016
The recent Public Guardian Conference in Dublin Castle brought over 80 delegates together from the
jurisdictions of the Republic of Ireland, England & Wales, Scotland, Northern Ireland and Jersey. MarieClaire Butler, solicitor in the Office of the General Solicitor for Minors and Wards of Court sent us this
report on a very successful event held over two days in Dublin Castle:
Proceedings were opened by Mr Justice Peter Kelly, President of the
High Court, who warmly welcomed our international guests with a
very interesting guide to places of historical interest and significance
within walking distance of the venue, which of course included the
Four Courts. The conference was excellently chaired by the General
Solicitor for Minors & Wards of Court, Patricia Hickey, ably assisted
by Aileen Curry, Senior Solicitor. Patricia was an excellent hostess
and with a balance of professionalism coupled with her friendly
trademark wit ensured the event was both informative
and enjoyable.
A representative from each jurisdiction updated the delegates
on matters of interest on legislative and case law since the
conference was last hosted in Edinburgh two years ago. Lectures
were also given on pertinent topics such as deprivation of liberty,
empowerment, capacity and self-determination.
round up what was a very informative two days. Although the
systems we operate within are all somewhat different, we all face
similar issues and difficulties, and it was extremely beneficial to have
such a forum in which to connect and network with colleagues
from other jurisdictions, and to learn from other experiences. The
conference was enhanced by the members of the judiciary who
took time from their busy schedule to both speak and attend.
I believe I speak on behalf of all delegates in thanking Patricia
Hickey, Noel A Doherty, James E Finn, Aileen Curry, David
McLoughlin and the conference assistants Avril Brady (GSO) and
Joanne McCarthy (High and Supreme Court Operations) for all their
wonderful work in organising what was universally agreed as being
a hugely successful event. It sets a high bar for the 2018 hosts,
Northern Ireland!
An evening dinner was held on Thursday evening in the George’s
Hall in Dublin Castle, which was hosted by Mr Justice Raymond
Groarke, President of the Circuit Court, who further welcomed our
guests with an informative talk on the impending Assisted Decision
Making Capacity Legislation.
The second day followed with further discussion and a workshop
given by Jim Finn, Registrar of Wards of Court on Enduring Powers
of Attorney and Noel A Doherty, Reform and Development,
provided a comprehensive overview of the Assisted Decision Making
Capacity Act 2015. Patricia Hickey also gave some insight into the
reforms introduced to both the General Solicitors Office and the
Wards of Court Office in recent years.
We also managed to find time for an open forum of discussion
between all representatives which was useful and appropriate to
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NEWS...
REPAIRING THE FOUR COURTS DOME
Visitors to the Four Courts might remark that the iconic Dome looks
perfect from the inside. However, following the partial collapse of
one of the 24 pillars, the Office of Public Works identified structural
issues requiring the replacement of ten of the pillars.
Over the last two years the OPW have been carrying out a series
of surveys, and opening up work, to ascertain the extent of the
damage. Trinity College and Bolton Street were both involved
in this work. The OPW have appointed specialist structural
engineers for this job along with specialised stone masons and
conservationists. The stone masons are working on stone that has
been brought in from the UK. This stone is being carved in County
Carlow and will be brought on site in 2017, to replace pillar 9 in
the dome. Part of the carving is being carried out in Carlow, and
the remainder will be carried out once the stone is on site. The
removing and replacing of that pillar will determine the scope of
what is involved for the remaining ones.
The current work continues the legacy of impressive work carried
out on the dome over the years. It suffered extensive damage as
a result of the fire that destroyed the Four Courts in 1922 when
anti Treaty forces occupied the building. The restoration team
led by T.J Byrne, Principal Architect at the OPW, constructed an
elaborate system of scaffolding to inspect the extent of the damage
to the Dome. The Dome was subsequently rebuilt with reinforced
concrete which was achieved in just one operation involving twenty
men working for thirty hours with just one short interval.
Quite an achievement in the 1920s.
COURT BUILDINGS POPULAR WITH PUBLIC
tours, heritage events, exhibitions, talks
and children’s events took place as part
of the free event. Cork Heritage Week is
supported by the Heritage Council with
media sponsorship from Cork’s 96FM and
the Evening Echo.
CORK COURTHOUSE OPENS
FOR HERITAGE DAY
Guided tours of the Circuit Court
courthouse in Washington Street Cork were
provided as part of Cork Heritage Open Day
in August.
Organised by Cork City Council as part of
Cork Heritage Week, the Open Day saw
over 42 buildings open their doors to the
public for a day. A series of guided walking
The courthouse in Washington Street is
considered one of the best examples of
Neo-Classical Architecture in Ireland and is
an imposing aspect of the Cork streetscape.
BIG TURNOUT FOR OPEN
HOUSE
Over 500 hundred people enjoyed visits to
Green Street Courthouse and the Criminal
Courts of Justice as part of Open House
in October. Organised by the Architects
Institute of Ireland, this popular initiative
sees buildings of particular architectural
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value, both public and private, open their
doors to the public over a weekend.
The courthouse offerings this year
provided access to the 17th century Green
Street building with its cells and famous
courtroom and the chance to visit the
21st century iconic Criminal Courts of
Justice with its state of the art facilities and
beautiful views of the Phoenix Park.
AWARD FOR ATHLONE
COURTHOUSE
The courthouse in Athlone received the
‘Best Public Building’ award as part of
the recent Athlone Tidy Towns Awards.
The awards celebrate and reward local
communities, businesses and schools for
their ongoing efforts to improve their local
environment.
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
NEWS...
APPOINTMENT OF NEW LEGAL
AID BOARD
NEW LEGAL SERVICES
REGULATORY AUTHORITY MEETS
The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald
TD, recently announced the appointment of a new Legal Aid
Board. The Chairperson is Mr Philip O’Leary, solicitor, a partner with
FitzGerald Solicitors, Cork. The other members are:
Among the reform measures set out in the Legal Services Regulation
Act 2015 is the establishment of a new Legal Service Regulatory
Authority with responsibility for oversight of both solicitors and
barristers. The new Authority, which is to be chaired by Don
Thornhill of the Higher Education Authority, held its first meeting in
October. The other members are:
• Anne-Marie Blaney, Solicitor, Legal Aid Board staff
representative
• Thomas Brennan, Chartered Accountant
• Deirdre Burke, Solicitor
• David Gilbride, Officer of the Minister for Justice and Equality
• Nuala Jackson, Senior Counsel
• Gordon Jeyes, former Chief Executive of Tusla, the Child and
Family Agency
• Maurice Lawlor, Officer of the Minister for Social Protection
• Freda McKittrick, Assistant Director, Barnardos,
• Ellen O’Malley Dunlop, Former CEO, Dublin Rape Crisis
Centre; Adjunct Professor, UL School of Law
• Michael O’Connell, Legal Aid Board staff representative
• Evelyn O’Connor, Officer of the Minister for Public Expenditure
and Reform
The Legal Aid Board is a statutory body charged with providing
civil legal aid to persons of modest means and also with providing
a family mediation service. The primary model used for delivering
services is the law centre / family mediation office model using
employed solicitors, mediators and support staff. The Board has
approximately 50 offices located throughout the country and uses
private solicitors on a case by case basis to deliver services.
The Board also currently administers three of the State’s ad hoc
criminal legal aid schemes namely the Garda Station Legal Advice
Scheme, the Legal Aid – Custody Issues Scheme and the Criminal
Assets Bureau Legal Aid Scheme. Legislation is being drafted to
transfer responsibility for the administration of these schemes and
the statutory Criminal Legal Aid Scheme to the Legal Aid Board.
• Angela Black - the Citizens Information Board
• Deirdre McHugh - the Competition and Consumer Protection
Commission
• Gerry Whyte - the Irish Human Rights and Equality Commission
• Stephen Fitzpatrick - the Institute of Legal Costs Accountants
• Dermott Jewell - the Consumers Association of Ireland
• David Barniville - the Bar Council
• Joan Crawford - the Legal Aid Board
• Eileen Barrington - the Honorable Society of King’s Inns
• Geraldine Clarke and James MacGuill - the Law Society
Other reform measures set out in the Act to come under the
stewardship of the new Authority include an independent
complaints system dealing with legal professional misconduct; an
enhanced legal costs regime including a new ‘Office of the Legal
Costs Adjudicator’ to assume the role of the existing Office of the
Taxing Master; and a framework for new legal business models
to include ‘legal partnerships’ between barristers and solicitors or
between barristers themselves.
A pathway is also provided under the 2015 Act for the introduction,
on foot of formal research and public consultations, of “MultiDisciplinary Practices” whereby services can be provided at more
competitive cost by legal and non-legal service providers together.
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NEWS...
RAISING AWARENESS ABOUT
BENEFITS OF MEDIATION
from people in the legal and mediator communities as well as a
range of public and regulatory bodies.
Each of the speakers identified the benefits for disputants of
resolving matters in mediation and the negative impact on
relations between litigants when some cases are listed for hearing
before courts. They shared a view that mediation was never a
panacea. However, they also confirmed judicial support for efforts
by litigants to seek to mediate in appropriate cases, especially in
the area of family law where damage can be done to relationships
by things said in the witness box that are neither forgiven nor
forgotten. The negative impact on children of high conflict
between parents was also noted. The speakers also confirmed
that finding a skilled and trained mediator, that everyone is
comfortable with, is key to a successful mediation. Trust in
the bona fides of everyone involved in the mediation was also
identified as essential.
(left to right) Judge Petria McDonnell, President of the High Court, Mr
Justice Peter Kelly and President of the District Court, Judge Rosemary
Horgan prior to “Mediation and the Courts- Perspectives from the
Bench” event in the Four Courts
Court Number 2 was the setting for the inaugural event in the
Four Courts in October to coincide with Mediation Awareness
Week. Entitled “Mediation and the Courts – Perspectives from
the Bench”, Mr. Justice Peter Kelly, Judge Petria McDonnell and
Judge Rosemary Horgan gave their perspectives on the issue of
mediation and the courts, from their experiences before and since
being appointed to the Bench. The event attracted wide interest
Overall, the event confirmed that there is support for mediation
among the judiciary as an effective way of resolving disputes. It
clarified that expectations about the capacity of mediation to
resolve disputes amongst the judiciary are realistic and confirmed
that members of the judiciary can facilitate efforts by parties to
resolve disputes by methods of Alternative Dispute Resolution.
DUBLIN MANAGERS HEAR OF
CHANGE INITIATIVES
At their recent Annual Conference Dublin Courts Service
managers were brought up to date on a variety of change
initiatives underway throughout the organisation.
These initiatives encompass areas including reform &
development; change management; learning and development;
and coaching. The plans for the family law court development
at the Hammond Lane site in Dublin were outlined together
with updates from the ICT and Human Resources Units. The
importance of a framework for managing risk and the plans for
increasing the range and quality of information available online
concluded a very interesting event.
Speakers at the recent Managers Conference: (back row l to r) Richard
Kelly, CEO Brendan Ryan, Simon Hall, Helen Priestley, Sean Quigley
and Tom Ward, (front row l to r) Deirdre Doyle, Darach Green, Audrey
Leonard and Noel Rubotham
Chief Executive Officer, Brendan Ryan, complimented the
event organiser, Richard Kelly of the Learning & Development
Unit and the event host, Seán Quigley, Head of the Resource
Management Directorate. He reminded the managers of their
value as leaders within the organisation and of the invaluable
role they play in ensuring the success of the various change and
other initiatives.
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
NEWS...
GOING PAPERLESS
Information sessions continue in High
Court Central Office
The High Court has seen a number of paperless applications and
hearings conducted in recent years, including in the Commercial
List and the Personal Insolvency List. A new category was added
to the paperless case type in November - an application for leave
to seek judicial review.
Following on from the success of the initial Information Session
in conjunction with the Education Centre at the Law Society,
the Central Office has recently rolled out a further series aimed
at PPC1 trainee solicitors. Three sessions have been planned to
facilitate the increased interest.
“The sessions have been tailored towards PPC1 students with
particular topics selected based on our own research in the office,
collaboration with the Law Society and feedback we received in
May of this year” Central Office manager Alice White told Courts
Service News.
“We have prepared a number of handouts demonstrating
common errors occurring in High Court documents filed in
the office and provide a full run through of all the information
available on the Courts Service website. The emphasis of these
sessions has been to show our customers how they can access
the information they require to help themselves. With the
positive feedback and interest we have received on the sessions,
we plan to make them a permanent feature going forward”.
While this was the first application for leave made on electronic
devices, it was also the first paperless application made to
the High Court in the Irish language. The documentation was
presented to Ms Justice Ní Raifeartaigh on a tablet.
The most common form of application made by this means is
under the Personal Insolvency Act. Virtually all such applications
have been dealt with by Ms Justice Baker in electronic format.
This involves the judge dealing with applications in a paperless
environment. The application and all supporting documentation
are lodged to the Courts Service On Line (CSOL) computer system
by the Insolvency Service of Ireland, allocated a date by the
Central Office of the High Court and read in electronic format by
the judge in advance.
Alice White, Central Office Manager at the recent Information Session
for trainee solicitors
Bréagchúirt Uí Dhálaigh Gael Linn 2016
authentic courtroom setting before judges of the Courts.
(pictured l to r) Circuit Court Judge Sinéad Ní Chúlacháin, Gael Linn CEO
Antoine Ó Coileáin, Niamh Ní Choileáin, Therese Ní Choileáin, Ruth Ní
hÉanáin, and High Court Judge, Mr Justice Colm Mac Eochaidh
The Irish language moot court, Bréagchúirt Uí Dhálaigh, took place
in the Four Courts in November with first prize going to the team
from University College, Cork. This long-standing event, organized
annually by Gael Linn in memory of the late Cearbhall Ó Dálaigh,
former President and Chief Justice of Ireland, gives third level
law students an opportunity to display their advocacy skills in an
Teams from University College, Cork, Trinity College, Dublin,
National University of Ireland, Galway, The Law Society of Ireland
and Kings Inns competed in the heats with teams from UCC and
Trinity College chosen to contest the final in the Four Courts. High
Court Judge Colm Mac Eochaidh and Circuit Court Judge, Sinéad
Ní Chúlacháin were assisted by Cormac Ó Dúlacháin, S.C. The
delighted winners, Therese Ní Choileáin, Ruth Ní hÉanáin and
Niamh Ní Choileáin of UCC, received a cheque for €600 along with
the Gael Linn Perpetual Trophy, while the runners-up Feilim Mac
Róibín and Ben Ó hÓgáin of Trinity College, received a cheque for €300.
Congratulating all the participants, Gael Linn CEO Antoine Ó
Coileáin said ‘Gael Linn is pleased that Bréagchúirt Uí Dhálaigh
is proving so popular with law students. As a result of the official
status of Irish both at home and in the EU, career opportunities
for lawyers with high competence in Irish have never been better.
Testament to the status of Irish in the courts is the fact that senior
judges are adjudicating at Bréagchúirt Uí Dhálaigh again this year’
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NEWS...
LOOK AFTER YOURSELF
OVER THE HOLIDAYS
NEW
APPOINTMENTS
New High Court Judge
Judge Leonie Reynolds has been
appointed to the High Court. She was
educated at UCD and the King’s Inns
before being called to the bar in 1993.
She practiced mainly on the midlands
circuit and also spent time on the
Valuation Tribunal before spending six
years on the Circuit Court bench.
The build-up to the Christmas holidays is
hectic, with the rush to get work finished
off, the parties and the last minute
shopping. All these activities can you leave
you feeling stressed and tired before the
festivities have even properly begun. It is
important to think about your wellbeing at
this time of the year, to make sure you get
the most out your time off at Christmas,
and to have a good break, ready to start
the new year feeling refreshed.
What do we mean when we talk about
wellbeing? Wellbeing is subjective and it
does mean different things to different
people, but it’s about how we feel, how
we think, our relationships, and how we
find meaning and purpose in our lives.
It’s important to remind yourself that
Christmas doesn’t have to be ‘perfect’ or
‘just like it was last year’. As families grow
and children leave home, traditions and
rituals can change. Accepting family and
friends as they are, even if they don’t live
up to all of your expectations, may help
with managing any underlying tensions. A
happy, relaxed Christmas will add to your
wellbeing, and give you a positive start to
the New Year.
has some advice about how to get the
most out of the holidays:
•
•
•
•
Try to take some time off
Screen calls and switch off your mobile
Don’t take calls from the office
Try to resist the urge to check your email
or if you will feel more stressed if you
don’t, only check email once a day
• If there are other colleagues keeping
an eye on things while you’re off, make
sure you have briefed them
• Enjoy spending time with family and
friends, even if there are underlying
tensions, try and put these aside over
Christmas
• Relax and use the time off to catch up
with old friends, get outside and have
fun.
However, at LawCare, we know that for
some, the holidays can be a difficult time.
If the thought of Christmas is concerning
you and you need to talk, call our free,
independent and confidential Helpline.
It is open throughout the holiday period,
including Christmas Day.
Call 1 800 991 801 or go to www.lawcare.ie
LawCare, the charity that promotes and
supports wellbeing in the legal community,
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New staff member elected to
Courts Service Board
Stephen Bracken has recently been
elected as the staff representative on
the Courts Service Board. Stephen,
who works in the Criminal Courts of
Justice in Dublin, replaces Elaine Jones.
“My election to the Courts Service
Board shows that no matter what
grade you are there are great
opportunities to have your voice
heard in the Courts Service and that
everyone’s input has a value”, Stephen
recently told Courts Service News.
“As the staff member elected to
the Board I will do my best to make
sure that issues affecting staff are
heard. I intend to be a strong voice
for staff and will keep their needs
to the forefront at meetings and
put forward ideas in their best
interests”.
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
RETIREMENTS
VAL CRONIN RETIRES
JUDGE JOHN O’NEILL RETIRES
After 40 years service, Val Cronin celebrated his retirement with
many colleagues, family and friends at a function in Letterkenny
on 7th October, 2016. Warm tributes were paid to him by CEO
Brendan Ryan, Judge Paul Kelly, County Registrar Geraldine
O’Connor, Garda Superintendent Michael Finan, Margaret Mulrine
on behalf of the Donegal Bar Association, Senior Probation Officer,
Helena Morrin and Anita Toland on behalf of Letterkenny Court
Office. Judge Denis McLoughlin and retired judge John O’Donnell
also attended the function.
The President of the District Court Rosemary Horgan led the
tributes to Judge John O’Neill who sat as a judge for the last time
recently after 21 years on the bench. Describing him as a “most
patient judge” she told a packed Court 8 in the Four Courts that
Judge O’Neill had contributed enormously throughout the country.
She praised him for being “calm, courteous and never pompous”.
In honour of Val’s Cork roots, Brendan Ryan started proceedings
with a rousing rendition of “On the banks of my own lovely Lee”.
Although everyone agreed he shouldn’t give up the day job, it set
the tone for the evening and a great night was had by all.
Val started his career in the Meterological Office in Mullingar
where he stayed for three and a half years. He commenced his
career in the Courts in 1977 when he became the Court Clerk in
Limerick, where he spent three and a half years. He would go on
to work in Tullamore for four and a half years and Dublin for two and a half years before making his final move to Letterkenny
in 1988.
Judge Gerard Haughton said he envied the qualities Judge O’Neill
possessed and that he was immediately impressed with his
manner, compassion and knowledge of the law when he first
worked with him back in 1996. Judge Aeneas McCarthy told the
court that with Judge O’Neill you were guaranteed a fair hearing.
He praised him for never personalising anything or embarrassing
anyone and described his courtroom in Limerick in the late 1990’s
as an “oasis of calm in choppy waters”.
Tributes were also paid by Tony McGillicuddy BL on behalf of
the Bar of Ireland, Michael Quinn, solicitor, on behalf of the Law
Society, and Joseph Maguire, of the Chief State Solicitor’s Office.
Following his move to Letterkenny the first big project was the
refurbishment of Letterkenny Courthouse which re-opened in
1992. He and his dedicated staff serviced court sittings in ten
District Court Areas within District No. 1 sitting on the stage in
local town halls, function rooms of local hotels and even in the
local cinema before the outlying court venues were closed and the
numbers of District Court Areas were reduced to four, sitting in
dedicated courthouses.
In more recent years Val presided over the successful
amalgamation of Letterkenny District and Circuit Court Offices.
Having come full circle with the imminent move to new premises,
Val decided it was time to bid a fond farewell to the Courts
Service.
At his last sitting of Letterkenny District Court on Monday 10th
October tributes were paid by District Court Judge Paul Kelly,
Circuit Court Judge John D. O’Hagan, Anita Toland, District Court
Clerk, Garda Inspector Michael Harrison and Kieran O’Gorman,
Solicitor.
We all wish Val a long, happy and healthy retirement with his wife
Rose and family.
Tom Ward, Courts Service, spoke on behalf of the Chief Justice
Susan Denham, the Courts Service CEO Brendan Ryan, and Elisha
D’Arcy, Judicial Support Unit. The Chief Justice sent her very best
wishes to Judge O’Neill and thanked him for his commitment.
Brendan Ryan sent his thanks to Judge O’Neill for his friendship.
Elisha D’Arcy extended her thanks to Judge O’Neill for his service
and always entertaining foreign dignitaries when asked.
Tributes were also paid by Superintendent Ann Markey, Bridewell
Garda Station, Ursula Fernée, Probation Service and Rose
O’Sullivan, Judge O’Neill’s registrar for the last four years, who
said it was an honour to work with the judge every day.
Judge O’Neill told the court he was reassured by the familiar faces
in the court and to be reminded of all the friends he made over
the years. He said he would miss the cup of tea in the morning
with Dolores Moore, secretary to the President of the District
Court. He reserved special praise for President Horgan who he
thanked for keeping the judiciary updated with monthly meetings
and quarterly seminars. He said he had the height of respect
for members of An Garda Síochána. He described Elisha D’Arcy
as “indispensable” to the Courts Service and Rose O’Sullivan as
“unflappable and a great help”.
He said he had “met wonderful colleagues who became
wonderful friends” throughout his time on the Bench.
Anita Toland
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OBITUARIES
DEATH OF JUDGE MICHAEL REILLY
It was with great
shock and sadness
that the news
broke of the
sudden death of
Judge Michael
Reilly on Saturday
26th November
last.
Judge Reilly who held the post of Inspector
of Prisons up to the time of his death
was a highly respected member of the
judiciary. A native of Clonmel, he was an
esteemed member of the local community
in Garrykennedy, Portroe, County
Tipperary where he made his home on his
permanent appointment to District Court
District No. 8 (formerly No.14) in 1982.
Judge Reilly developed into an insightful,
pragmatic and compassionate judge and
was empathetic to young inexperienced
legal practitioners who appeared before
him.
Having presided over the District Court for
many years, he became convinced that
there had to be a better way of dealing
with perpetrators of crime and after a fact
finding mission to New Zealand in 1998,
he instigated the Nenagh Community
Reparation Scheme in 1999 whereby
defendants must undertake a project to
make amends to the community for their
wrongdoing, thus avoiding a criminal
record and raising their awareness of
the consequences of their actions on
others. This scheme has proven to be
very successful and has expanded to
other Districts as the restorative justice
programme.
Judge Reilly served on the Special Criminal
Court from 1992. In addition, he served
on numerous bodies, including the Expert
Group on Probation and Welfare Service
and the National Crime Council. He
presided over the Ballycotton Inquiry in
1991, the Judicial Inquiry set up by the
Government to investigate the deaths of
fishery officers. In 2007, he conducted an
Inquiry in the Republic of Seychelles on
behalf of their Government arising out
of injuries sustained by the leader of the
opposition and others at the hands of the
police outside Parliament.
He proved an uncompromising campaigner
for greater rights for prisoners as Inspector
of Prisons. His legacy should be honoured
by continuing to implement the many
recommendations he has made.
Judge Reilly had a personality which was
driven to take on every task with total
commitment and to strive for excellence,
including in his sailing pursuits, as
humorously recounted at his funeral service
by his wife Eleanor. This personal trait
was combined with a gregarious nature.
He loved to relax surrounded by family,
friends or colleagues enjoying good food
and good wine and regaling those in his
company with memorable anecdotes.
His popularity was evidenced by the
hundreds who paid respects on his removal
on the Monday evening and by the
hundreds who attended his funeral Mass
at the Church of the Blessed Virgin Mary,
Portroe on the following day. He was laid
to rest in the adjoining cemetery in this
tranquil and picturesque village beside the
shores of Lough Derg and where he and
his family spent many memorable days
sailing its waters.
At Nenagh District Court, where Judge
Reilly presided for a period exceeding
twenty years, tributes were recently paid to
him by the presiding judge, representatives
of the solicitors profession and the Bar,
representatives of An Garda Siochána, the
Courts Service and by John Joe Buckley, his loyal and long serving retired District
Court Clerk.
Judge Reilly is survived by his beloved
wife and best friend, Eleanor, whose
support and wise counsel he relied on and
cherished and by his sons, Tom and Peter
and by his daughters Jilly and Evie.
Judge Elizabeth McGrath
DEATH OF MAURICE GAFFNEY
He came late
to the legal
profession,
having worked
as a teacher for
over ten years,
but Maurice
Gaffney was still
practising until
shortly before
his recent death at the age of 100. His
colleagues recall a ‘wonderful colleague
and a marvelous gentleman’ whose career
at the Bar spanned over 62 years.
Born in Co Meath in October 1916, where
his father was a member of the Royal
Irish Constabulary (RIC), his family moved
to Dublin where they lived in Aughrim
Street, Stoneybatter, Gardiner Street and
Finglas. He graduated from UCD with a
BA in Economics in 1939 and joined the
Jesuit order where he stayed for a number
of years, before returning to UCD and
attaining his HDip in 1943. He taught for
five years while studying law at night and
was called to the Outer Bar in 1954 and
the Inner Bar in 1970.
He worked in criminal law, conveyance
and property law, landlord and tenant
law and employment law and served a
term as chairman of the Employment
Appeals Tribunal. Maurice was involved
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in landmark cases such as DPP v O’Shea
(which established the legal precedent
that jury decisions could be over-turned
on appeal) and acted for Des Hanafin
when he challenged the result of the
Divorce Referendum in the 1990s.
He enjoyed good health until shortly
before his death and had even attended
the Mass in Halston Street at the
beginning of the Legal Year in October.
He died after a short illness on 3rd
November.
Maurice Gaffney is survived by his wife,
Leonie, and children, John and Patricia.
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BOOK REVIEWS
with Noel Doherty
CROSSFIRE; THE BATTLE OF THE FOUR
COURTS, 1916 BY PAUL O’BRIEN (NEW
ISLAND)
Having commenced my career in the courts in the Four Courts more
years ago than I wish to remember and having worked since then in
the surrounding area, I was immediately drawn to this history of the
Four Courts garrison during the 1916 rising. Under the leadership of
Commandant Edward (Ned) Daly, the Four Courts and surrounding
area was occupied on Monday 24th April 1916 and held until
Saturday 29th April when Patrick Pearse’s order to surrender was
received. With the Royal Barracks (now Collins Barracks) close by
and the Mendicity Institute just across the river from Ellis Quay,
Crossfire provides a fascinating account of the day to day progress
of the Rising in that part of the city. The Mendicity Institute was
occupied by rebels under the command of Sean Heuston and held
out for three days against overwhelming odds estimated at 26
rebels against 300 – 400 British troops.
Paul O’Brien provides a very useful map of the area around the
Four Courts with the various places involved numbered so that
throughout the narrative, the reader can easily identify the places
referred to therein.
While Crossfire deals primarily with the Four Courts garrison, the
author also provides details of what was happening elsewhere in
Dublin. In addition, he considers the civilian casualties resulting
from the fighting in the Four Courts area which, needless to say,
makes for grim reading.
All in all, this is a very useful and interesting addition to the 1916 canon.
EAST WEST STREET: ON THE ORIGINS OF
GENOCIDE AND CRIMES AGAINST HUMANITY
BY PHILIPPE SANDS (WEIDENFELD &
NICHOLSON)
In this most interesting book, the author, a practising barrister and
human rights lawyer deals with a number of themes. He explores
his own family history, the historical background to the crime
of genocide and crimes against humanity first enunciated in the
Nuremberg Trials following the end of the Second World War and
the character and legacy of Hans Frank, Hitler’s lawyer and Head of
the General Government of occupied Poland.
The author conducts meticulous research into the life of his
maternal grandfather Leon who lived in Paris but whose origins
were in the Ukrainian city of Lviv (also known as Lwow and
Lemberg). The author discovers a mystery regarding his mother,
Leon’s daughter. He also discovers that Hersch Lauterpacht,
professor of law at Cambridge University and the person who
developed the concept of crimes against humanity – crimes
by the State against individuals - grew up in Lviv and attended
university there. Furthermore, he discovers that Raphael Lemkin,
who developed the concept of genocide – crimes against a race
or group on the basis of identity - attended the same university
but at different times but both studying under the same professor.
Lauterpacht did not agree with Lemkin’s concept of crimes against
a group considering it very problematical.
All three, his grandfather Leon, Professor Lauterpacht and Raphael
Lemkin, were Jewish and had lost relatives in the holocaust. This
provides a link to Hans Frank who was responsible for implementing
the policies of the extermination of Jews and others under the Nazi
regime. Ultimately, Hans Frank was tried in Nuremberg and Philippe
Sand considers the trial and how the concepts of crimes against
humanity and genocide made their way into the indictments. The
concept of crimes against humanity were easily understood but
genocide was only included thanks to the herculean efforts of
Lemkin himself.
I would thoroughly recommend this memoir as not only a personal
history but as an exploration as to how two determined men with
experience of the worst persecution sought and achieved justice for
so many in Nuremberg and since.
An tSeirbhís Chúirteanna
Courts Service
An tSeirbhís Chúirteanna
Courts Service
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
FILM REVIEWS
LET’S GO TO THE MOVIES
Give yourself a break from all the Christmas hustle and bustle by
watching one of the big movies coming our way before the New
Year hits. Ronan Power has some suggestions:
First up is the much anticipated new Star Wars movie Rogue One.
The first Star Wars movie (or fourth, if you go by the George Lucas
timeline) premiered in Ireland 40 years ago. This film directed
by Gareth Edwards and starring Felicity Jones, Mads Mikkelsen
and Forest Whitaker is set just before the events take place in the
original movie. It tells the tale of the small group of rebels that
stole the plans to the original Death Star. As we all remember
from the original movie, these plans eventually get into the hands
of Princess Leia and friends to enable Luke Skywalker destroy the
said battle station. Rogue One is termed a Star Wars back story.
Everything you want in a Christmas movie is here: grizzled battle
weary heroes, dark brooding villains, huge set pieces, explosions
and action packed space battles.
Next up we have Passengers, directed by Morton Tyldum and
starring Jennifer Lawrence and Chris Pratt. It’s another science
fiction movie with a foot in the thriller genre. A spacecraft travelling
to a distant colony planet on a 120 year trip. Its cargo, thousands
of humans going to a new life, suddenly has a malfunction in
one of its sleep chambers. As a result, two passengers (Pratt) and
(Lawrence) are awakened 90 years early. As the two characters look
into the malfunction they get to know each other deeply and fall
in love. But the ship is collapsing and the two soon learn why they
were woken up. Great set pieces, action, romance and mystery.
Other actors worth mentioning in minor roles are Micheal Sheen
and Laurence Fishburne.
My last movie is The Office Christmas Party directed jointly by
Josh Gordon and Will Speck and starring Kate McKinnon, Jennifer
Anniston and Jason Bateman. The story centres around the CEO of
a company (Aniston) as she tries to close her hard partying brother’s
branch of the company, while he, played by T.J. Miller and his chief
technical officer (Bateman) must rally their co workers and host
an epic office Christmas party in an effort to impress a potential
client and close a sale that will save theirs jobs. All hell ensues in
the chaos and shenanigans that follow. Ever since the popularity
of Bad Santa as an ‘alternative adult Christmas movie’ we have
seen a pattern emerge at this time of the year of the raunchy black
Christmas comedy movie. Last year we had ‘The Night Before’ with
Joseph Gorden-Lewitt and Seth Rogan. This year we have Bad Santa
2 and The Office Christmas Party. A different direction to the usual
feel good Christmas movie!
An tSeirbhís Chúirteanna
Courts Service
An tSeirbhís Chúirteanna
Courts Service
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
FILM REVIEW
DENIAL - COURTROOM INTRIGUE - A LESSON
FOR EVERY STUDENT OF LAW
Gerry Curran reviews this gripping courtroom
drama based around the machinations of an
infamous court case in the mid 1990’s where
Holocaust denier David Irving sues for libel
when challenged by an American academic in
her books and lectures. It is set for release in
the New Year
This movie is essential viewing for anybody who wishes to
understand the anatomy of a court case. It is essentially about
relationships: the relationship between a case and strategy,
between strategy and emotions, between those emotions and the
public perception of a case, and between the law and fact. It is in
effect a movie based on the trust needed between a party to a case
and their legal team even when the obvious way to fight is avoided.
The lesson is that there is always a big ‘but’ at the end of any legal
soap boxing or argument.
The story exploits this fractious set of relationships to tell a cracking
tale of legal intrigue. An American professor is the defendant in
a high-profile British libel trial that could well impact the way the
history of the Holocaust is told. It was in real life one of the most
significant international legal cases in recent decades.
Historian Deborah Lipstadt - played by Rachel Weisz - published a
book ‘Denying the Holocaust: The Growing Assault on Truth and
Memory’. British author and self taught historian David Irving played deliciously devilish and weird by Timothy Spall - a prolific
writer of texts on World War II, sued her for libel. He chose the
UK, as she would have less defences than in the US. Under UK libel
laws she is effectively presumed guilty unless she can prove herself
innocent of defaming him. Lipstadt finds herself in the position
of not only defending herself, but establishing beyond a doubt
that the Holocaust took place. She refuses to settle the case and
demands her day in court. Things look stacked against her, and it
seems confusing that the British legal team, led by solicitor Anthony
Julius (played by Andrew Scott), who also represented Princess
Diana in her divorce case, and her barrister Richard Rampton
(played by Tom Wilkinson), present her with a confounding
strategy: neither she nor any Holocaust survivors will be called to
the stand.
Tenacity and relentlessness are the central drivers of this movie.
At times it is hard to like her legal team who seem hell bent on
shutting her down and shutting her up. The business of seeking
truth and justice can be frustrating to watch, involving to observe,
and uncomfortable to sit through.
The movie captures the unease of the courtroom with great
precision. It is directed by Mick Jackson who previously brought us
Temple Grandin and The Bodyguard. He has said that there was
no need to fabricate dramatic moments, as all of the dialogue from
the courtroom scenes was taken verbatim from the transcripts. As
Jackson already had a string of highly regarded documentaries and
dramas for the BBC and Britain’s Channel 4, it is no surprise that he
brings the feeling for what’s real and shoots this movie in that style.
There is much hand-held camera work which keeps things very
fluid, but still concentrates the mind of the viewer on the smallest
details, like who sits where in the courtroom or the colour of the
barrister’s out of court tie.
Jackson has said of Denial, “we live in an age of unreason and lies,
an age of violent outrages and all kinds of assaults on the truth. To
win this case, which is about Holocaust denial, Deborah will have to
deny herself the glory of standing up in court and speaking to this
monster. That act of self-denial is her only hope of beating Irving’s
charges.”
The outcome is revealed as the movie opens in Irish cinemas on
January 27th.
An tSeirbhís Chúirteanna
Courts Service
An tSeirbhís Chúirteanna
Courts Service
COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
FESTIVE FUN
BUTTERNUT SQUASH PIE
A simple replacement for pumpkin in your
‘end of year’ pie is butternut squash. It
is also a better choice as it is simpler,
tastier, cheaper and more available as an
ingredient. A few roasted in the oven for
savoury use and a few roasted for dessert
use leaves a fantastic, comforting aroma in
any kitchen – seeing off the winter cold and
blues. We tested a few versions in Courts
Service HQ, before we settled on this one –
not too sweet and very ‘moreish’.
Ingredients
1 (9 inch) unbaked shortcrust pie shell
1½ cups peeled and cubed butternut
squash – about 1 small squash
1 pinch ground allspice
1 pinch ground cloves
1 pinch ground ginger
1 pinch ground nutmeg
1 pinch ground cinnamon
2 rounded dessert spoons brown sugar – 1
if the evaporated milk is pre-sweetened
3 dessert spoons corn flour
2 large eggs
1 can evaporated milk
Method
Preheat over to 175 degrees C – Gas 3½
Place peeled and loosely cut squash in a
saucepan with enough water to cover.
Bring to a boil then simmer over medium
heat until tender - about 15 minutes.
Alternatively, break uncooked, halved and
de-seeded squash in the oven until very soft
and scoop out flesh from peel. Allow to
cool while preparing the pastry.
In a blender or food processor, combine the
cooled butternut squash flesh, brown sugar,
corn flour, eggs, milk, allspice, cloves, ginger
and nutmeg and cinnamon. Process until
smooth.
Pour into the unbaked pie shell.
Bake in preheated over for 50 minutes, or
until a knife can be inserted and removed
almost clean.
Leave to cool in tray as the filling sets a little
when cold.
CHRISTMAS QUIZ
Introduction: Have some festive fun by giving our Christmas quiz a go. We’ll make it
worth your while by giving a €50 One4All voucher to the winner. Send your entries to
[email protected] by Friday 13th January 2017.
1.Which edition of a 1990’s
Christmas classic movie did US
President elect Donald Trump have
a brief cameo in?
2.On Christmas Day 1776, George
Washington and the Continental
Army crossed which river to attack
Hessian forces?
3. What is remarkable about a
creature which is known as a Jesus
Lizard or Jesus Bird?
4. What use might a zoo have for
your old Christmas Tree (real ones
only)?
5. On what did Marley’s ghostly face
appear on to Scrooge in Dickens’ A
Christmas Carol?
6. Which James Joyce short story was
set at a snowy Christmastime?
7. Who has presented the RTÉ Late
Late Toy Show on more occasions,
Pat Kenny or Ryan Tubridy?
An tSeirbhís Chúirteanna
Courts Service
An tSeirbhís Chúirteanna
Courts Service
8. Where would you find the tallest
statue of Jesus Christ in the world?
9. In what country is “Good
Governance Day” celebrated on
December 25th?
10.Which state was the last State in
the US to declare Christmas a legal
holiday in 1907?
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COURT SERVICE NEWS NUACHT NA SEIRBHÍSE CÚIRTEANNA DECEMBER 2016
THROUGH THE LENS
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An tSeirbhís Chúirteanna
Courts Service
An tSeirbhís Chúirteanna
Courts Service