ANNUAL REPORT 2014 | 2015
General Council of the Bar of Ireland
Permanent Committees
Standing Committee
Library Committee
Finance Committee
Professional Services Committee
Professional Practices Committee
External Relations Committee
Internal Relations Committee
ADR & Arbitration Committee
Circuits Liaison Committee
Cork Bar Committee
Non-Permanent Committees
Human Resources Committee
Young Bar Committee
Human Rights Committee
Criminal & State Bar Committee
CONTENTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
CHAIRMAN’S REPORT ...............................................................................................................4 DIRECTOR’S REPORT ................................................................................................................6 THE BAR COUNCIL AND STANDING COMMITTEE..............................................................8
COMMITTEE REPORTS.............................................................................................................10 LIBRARY COMMITTEE .........................................................................................................10 PROFESSIONAL SERVICES COMMITTEE ........................................................................12 PROFESSIONAL PRACTICES COMMITTEE .....................................................................18 FINANCE COMMITTEE ........................................................................................................20 EXTERNAL RELATIONS COMMITTEE ..............................................................................22 INTERNAL RELATIONS COMMITTEE ...............................................................................25 HUMAN RIGHTS COMMITTEE ............................................................................................27 CIRCUITS LIAISON COMMITTEE.......................................................................................28 ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION COMMITTEE .............29 CRIMINAL AND STATE BAR COMMITTEE ......................................................................30 YOUNG BAR COMMITTEE ..................................................................................................32 HUMAN RESOURCES COMMITTEE ..................................................................................33
GALLERY OF EVENTS .............................................................................................................34 BAR COUNCIL INTERNATIONAL LIAISON .........................................................................37 STAFF LIST .................................................................................................................................38 TREASURER’S REPORT ..........................................................................................................40
FINANCIAL ACCOUNTS 2014 ................................................................................................43
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CHAIRMAN’S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
A YEAR OF CHANGE Bar Council best serves the interests of the members of the profession. We were also joined by Shirley Coulter, our new Director of Communications and Policy, who joined the Bar Council in April 2015 from the Irish Medical Organisation. I am confident that they, together with our existing members of staff, will continue to work to ensure that members receive the best possible service and the best value for money.
I am delighted to present this, my first annual report as Chairman of the Bar Council. This is indeed a time of great change for the Bar. Despite the obvious challenging times faced by the profession as a whole, particularly but not exclusively by younger members, there are grounds for optimism about the future prospects for the profession. The survey recently carried out by the Bar Council revealed that 74% of members were either very optimistic or optimistic about the future. This is despite the usual challenges of getting work and getting paid, and the further challenges that we will face with the likely enactment of the Legal Services Regulation Bill later this year.
New services and committees
The Bill completed Report Stage in the Dáil and Second Stage in the Seanad in May 2015. The Minister for Justice and Equality has confirmed that she intends to table several further amendments to the Bill in the Seanad. The Bar Council continues to engage with the Minister and her officials in relation to the Bill. It is the intention of the Minister to have the Bill enacted and to have the new Legal Services Regulatory Authority provided for under the Bill established before the end of this year. The legislation will provide for significant structural changes, including the possibility of practising in partnerships and the possibility that multidisciplinary partnerships (MDPs) may, subject to a detailed reporting and consultation process to be carried out by the new Regulatory Authority, be introduced in the future. These new structures will pose challenges for the independent Bar but I am confident that we will be in a position to compete effectively and successfully with them, and that the public will be persuaded that the independent Bar best serves the public interest. The Bar Council continues to have concerns in relation to aspects of the Bill, both in relation to the proposed structural changes and to the cost of regulation under the new regime. We will keep members informed about developments on this front.
The Bar Council’s new Fee Collections Officer commenced operations in October 2014 following the great work done by Fergal Foley BL, Bernard Rogan BL and others in the Fee Recovery Committee over a number of years. While it is still early days for the new Fee Collections Officer, the experience of those members who have used the service to date has been very positive. I would encourage members who have been unable to resolve fee collection issues in the traditional way to consider using this new service. There have been further developments on the Bar Council itself during the past year. We have established a number of important new committees. They include the Human Rights Committee, which is chaired by Colm O’Dwyer SC, and the Young Bar Committee, which is chaired by Will Reidy BL. The Young Bar Committee is aimed at members in years 1 to 7. I am very anxious to ensure that the Committee is representative of members in those years, who make up approximately 40% of the membership of the Bar. Will Reidy BL will be consulting further with younger members to try to ensure that this Committee is as representative and effective as possible. We have also established a separate reporting structure for Cork members through a Cork Committee facilitated by Alice Fawsitt SC and Ray Boland BL. Through that Committee, it is intended that concerns specific to members in Cork can be brought to the attention of the Bar Council and properly addressed. The interests of other members on Circuit are primarily addressed through the great work being done by the Circuits Liaison Committee, which is jointly chaired by Eanna Mulloy SC and Elaine Power BL.
Staff changes
Advocacy
This has been a year of change. We said goodbye to a number of longstanding and loyal members of staff, including Jerry Carroll, the former Director of the Bar Council who was with us for 17 years, Jeanne McDonagh, the former Press and PR Manager who was with us for almost 18 years and Inga Ryan, CPD Manager, who was with us for just over 10 years. I am grateful to all of them for the great loyalty and service they provided to the profession over such a long period of time. I was delighted to have been asked to speak at events to celebrate their many years with us. Our new Director, Ciara Murphy, joined the Bar Council from the Society of Chartered Surveyors Ireland in late November 2014, and has already made great strides in ensuring that the
The Bar Council’s Advocacy Training Programme has continued to develop and is now in its third year. The most recent course (in April of this year) was oversubscribed. We will be holding a further course later this year. I urge all members to participate. I am pleased to report that through the great work done by the Library Committee and its Sub-Committee, chaired by Roddy Maguire BL, and by our Treasurer, Sara Moorhead SC, and our Finance Director, Colin Potts, members’ subscription arrears have fallen significantly over the past number of years. Further, as a result of the tremendous efforts on the part of the Treasurer, the Finance Director and his team, the finances of the Bar Council are on a sound footing.
Legal Services Regulation Bill
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CHAIRMAN’S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Social responsibility at the Bar This has also been a particularly good year for volunteerism at the Bar. The Bar Council’s Voluntary Assistance Scheme (VAS), co-ordinated by Diane Duggan BL and chaired by Michael Cush SC, has gone from strength to strength, and has ensured that pro bono legal advice, assistance and representation has been provided by members of the Law Library to many who would otherwise not have been in a position to afford it. Every member who has been asked to provide pro bono legal work under the VAS has agreed to do so. We have never had a situation where a member has refused such a request. The VAS recently received very positive publicity for the work done by its Legislative Drafting Committee, chaired by Emily Egan SC, in preparing draft legislation for the Ana Liffey Drug Project. This year the Bar Council will place five members of the Bar with Innocence Projects in the United States. This work is overseen by the External Relations Committee chaired by Paul McGarry SC, and is coordinated by Susan Lennox BL. I am also delighted to report on the continued invaluable work done by Irish Rule of Law International (IRLI), the joint venture charity established by the Bar Council and the Law Society to undertake rule of law projects in Africa and elsewhere around the world. IRLI is jointly funded by both branches of the profession and by Irish Aid. It is about to employ a fourth lawyer for its rule of law work in the criminal justice system in Malawi. The Bar Council has also formed relationships with Trócaire (which engaged its first intern from the Bar during the year and is about to engage its second) and the Children’s Rights Alliance (with whom we have established the Catherine McGuinness Fellowship). Finally, in this context, the Bar Council Human Rights Award this year went to Brother Kevin Crowley of the Capuchin Day Centre.
Mentoring women lawyers During the course of the year the Bar Council joined with the Law Society to develop a mentoring scheme for women lawyers in light of the particular issues faced by women practising at the Bar and elsewhere in the legal profession. For the Bar, these issues include a strikingly low percentage of women taking silk, notwithstanding several high profile and prestigious appointments in recent years. Mary Rose Gearty SC is spearheading this initiative on behalf of the Bar Council, and is working closely with the Law Society and the Irish Women Lawyers Association on this initiative. I would like to conclude this short report by thanking the staff of the Bar Council for the great work they all do on our behalf. We are lucky to have such a committed team, and while space does not permit individual thanks to all members of staff, I would like to record my thanks to all of them. I would also like to thank my Vice-Chairman,
Bar Council Chairman David Barniville SC presenting the Bar Council Human Rights Award 2015 to Brother Kevin Crowley, founder of the Capuchin Day Centre. Colm Ó hOisín SC, and all of the members of the Bar Council for the great support they have given me over the course of the past year, and for the tremendous work they have done and continue to do on behalf of all of us at the Bar.
David Barniville SC Chairman
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DIRECTOR'S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
REPRESENTING THE PROFESSION All membership organisations are continuously challenged in maintaining their relevance, and even more so at a time when the external landscape is shifting on foot of economic and legislative change. Professional bodies must compete, reinvent themselves and anticipate change to survive, evolve and grow, and that is precisely the juncture at which the Bar Council finds itself. While there is undoubtedly a growing level of economic stability as Ireland emerges from the longest and deepest contraction in the history of the State, the impact of the long anticipated enactment of the Legal Services Regulation Bill as it moves towards completion of its journey in the Oireachtas remains unclear. Since I joined the Bar Council in late 2014 as Director, a key priority has been to define and ensure the relevance of membership of the Law Library, to identify valued and core services, and to set out how we can achieve improvements in that regard. Achieving clarity about the fundamental purpose of the organisation is essential.
Membership survey In April 2015, a survey of the Law Library membership was undertaken to seek members’ views about the role of the Bar Council and the services provided on behalf of members, and to feed the results of that survey into the strategic planning process that is underway. The survey results are actively feeding into the decision making process about the future service offering by the Bar Council for the benefit of members of the Law Library. Some 33% of members responded to the survey – a very high response rate in the context of survey responses in similar membership organisations. A detailed summary of the survey results was contained in the May edition of In Brief and a number of member presentations were delivered, which provided a further opportunity to receive feedback from members on the results.
Strategic plan The enactment of the Legal Services Regulation Bill may facilitate new structures through which barristers can choose to deliver their professional services. In this context, the overriding aim of the Bar Council is to ensure that the independent Bar practising under the auspices of the Law Library structure will be able to compete fairly and effectively against those who may choose to practise in any new structures that may emerge, and therefore it has prioritised the development of a new strategic plan for the organisation. The strategic planning process currently underway is about looking ahead and making choices in the best interests of the members of the Law Library, and to build the business around those choices. The need for a strategic plan within the Bar Council is essential given that the organisation is made up of approximately 2,300 individuals, the vast majority of whom are independent practising barristers, and who are supported by a staff of 64 to deliver on the services required by members through the collective structure of the Law Library. It is incumbent on the Bar Council, in partnership with the members and executive staff, to ensure that the services it provides for members and the activities it undertakes in promoting and representing the profession, are fit for purpose and linked to our core value of an independent Bar. While the strategic plan will set out the road map and direction of travel for the organisation, it is also essential that all stakeholders are clear on the vision, mission, aims and objectives of the organisation, and that regular reports and communications are provided to stakeholders on the successes and achievements of the organisation in delivering on the plan. The Law Library is a wonderful organisation that has all the ingredients within to achieve its full potential. The new strategy will aim to drive improvements in service delivery and effectiveness for the benefit of members, thereby consolidating its position as the pre-eminent organisation for the independent Bar in Ireland.
MEMBERSHIP GROWTH 995 TO 2210 1995
122% PAGE 6
2015
DIRECTOR'S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Communications and representing the profession The role of the Bar Council in communications and representations made on behalf of the profession was identified as one of the priority areas that needed review. Communications that issue through the Bar Council are gradually being streamlined. The aim is to strike the appropriate balance between the frequency and methods of communication and the need to keep the membership up to date on matters of real concern to them, while at the same time refraining from becoming a communication that lacks meaningful relevance to their professional practice. In the case of external stakeholders, this is a much more sophisticated proposition, and we have already restructured and refocussed this part of the organisation to lead and implement a strategy to ensure better outcomes. The reinstatement of the Bar Council Annual Report is one initiative that will assist in keeping members up to date with developments in their professional organisation. Generally speaking, members of professional bodies tend to record high levels of engagement and pride in respect of their attachment to their professional body. In the recent membership survey, 86% of members said that they value the professional recognition from being a member of the Law Library and 82% said that they were proud to be a member. I hope to be able to record an increase in these statistics in next year’s Annual Report.
members and staff of the Bar Council and I hope that I can achieve his standards during my term as Director. I would also like to record my sincere thanks to the Chairman, David Barniville SC, and all the members of the Bar Council and the various committees for their warm welcome and the kindness that has been shown to me since I took up my position. Last, but by no means least, I want to express my sincere gratitude to all of the wonderful staff of the Bar Council, a very loyal and committed group that has served members of the Law Library well over many years, and who have been very generous and patient with my persistent questioning and interrogations over the past number of months.
Gratitude I would like to pay tribute to my predecessor, Jerry Carroll, who retired from his position at the end of February 2015. His excellent stewardship of the organisation over the previous 17 years made for a smooth transition for me into my new role as Director of the Bar Council. His presence and advice is greatly missed among the
SUMMARY OF MEMBERS
Ciara Murphy Director
MEMBERSHIP BY YEARS OF PRACTICE 51%
Senior Counsel Male – 61%
Junior Counsel Female – 39%
PAGE 7
Less than 10 years
35%
Less than 7 years
26%
Less than 5 years
COUNCIL REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
BAR COUNCIL MEMBERSHIP
David Barniville SC (Chairman)
Alice Fawsitt SC
Paul McGarry SC
Dominic McGinn SC
Patrick McGrath SC
Sara Moorhead SC
Eanna Mulloy SC
Colm Ó hOisín SC
David Dodd BL
Fergal Foley BL
Dermot Maxie McKeon SC
Grainne Larkin BL Not pictured: Mary Rose Gearty SC; and, Elaine Power BL.
Roderick Maguire BL
Tony McGillicuddy BL
Imogen McGrath BL
Yvonne Mullen BL
Seamus Woulfe SC
Ray Boland BL
Diane Duggan BL
Co-optees:
Colm O’Dwyer SC
PAGE 8
Will Reidy BL
COUNCIL REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
BAR COUNCIL AND STANDING COMMITTEE Standing Committee members David Barniville SC (Chairman) Mary Rose Gearty SC Paul McGarry SC Patrick McGrath SC Sara Moorhead SC Colm Ó hOisín SC David Dodd BL The General Council of the Bar of Ireland, more commonly known as the Bar Council, is the representative body for the profession in Ireland.
The third annual joint meeting of the Bars of Ireland and Northern Ireland was held on June 19, 2015.
Cork meeting In March 2015, the Bar Council held its full meeting in Cork. An afternoon CPD event was tailored for the country members, which included ethics, online library services and fee recovery. It was a wonderful opportunity for those members of the Bar Council unfamiliar with practice on that circuit to meet and discuss matters with Cork practitioners. Arising from the meeting, a number of issues with facilities in Cork were addressed and improved. Attendance and participation at meetings remains high by both elected and co-opted members.
Tony McGillicuddy BL Yvonne Mullen BL
Standing Committee Its role is: ■ to consider, report upon and make representations as it considers necessary in all matters affecting the profession; ■ to play a key role in the conduct and arrangement of the business of the profession; ■ to control and regulate the professional conduct of the members of the Bar; and, ■ to secure and protect the interests of the profession. The incoming Bar Council for the term 2014/2015 commenced its term of office on July 31, 2014. David Barniville SC was elected as Chairman of the Bar Council and presided over the first meeting of the Council on October 16, 2014, and all subsequent meetings. It met on nine occasions during the course of the year. Bar Council meetings are usually held once a month in Bar Council Buildings on Church Street.
Roderick Maguire BL
In addition to Bar Council meetings, the Standing Committee of the Bar Council meets at least once a week during term time. Article 32 of the Constitution of the Bar of Ireland allows the Standing Committee to “consider and if necessary determine all such matters within the competence of the Council as may be of an urgent nature and require such determination between meetings of the Council”. The Standing Committee is comprised of the officers and chairmen of the permanent committees, as well as designated chairmen of a number of non-permanent committees.
Remarkable work Meetings of the various permanent and nonpermanent committees occurred regularly during the year, all reporting to the Bar Council in respect of their deliberations, activities and recommendations. While details of these activities are set out elsewhere in the Annual Report, it should be noted that they cover the entirety of operations, ranging from close management of the Council’s finances to the Legal Services Regulation Bill. All of the committees have co-opted members. The level of interest, work and time that those members dedicate to these activities is quite remarkable. The work of the Bar Council could not be successfully brought to fruition without their assistance, and to them our thanks are due.
Yvonne Mullen BL Honorary Secretary
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
LIBRARY COMMITTEE Committee members Roderick Maguire BL (Chairman) David Barniville SC Paul McGarry SC Dominic McGinn SC Sara Moorhead SC Eanna Mulloy SC Colm Ó hOisín SC Seán Ó hUallacháin SC Teresa Pilkington SC Kieran Binchy BL Michael Block BL Elizabeth Donovan BL Fergal Foley BL Barry Lennon BL Elizabeth Maguire BL Gearoid Murphy BL Elaine Power BL
The functions of the Library Committee shall be to deal with all matters relating to admission to the Law Library, membership thereof, the services to members, and the maintenance and development of the Law Library and other properties of the Bar Council. This report sets out the key projects undertaken by the Library Committee, including the work of the finance and administration departments.
Review of membership statistics at May 31, 2015 ■ 2,210 members – 1,884 Junior Counsel (85%) – 324 Senior Counsel (15%) – 1,349 male (61%) – 861 female (39%) – 1,147 members in practice less than 10 years (51%) ■ 89 members have left the Library since October 1, 2014 – 54 members retired/left – 27 members were excluded for non-payment of subscription arrears or for not having professional indemnity insurance – eight members left to take up judicial appointments
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■ 108 members were on leave of absence or maternity/adoptive/family/illness leave
Review of activity 2014/15 has been another busy year for the Library Committee. Since commencement of this legal year, the Committee has approved the following applications: ■ 17 re-entry applications by former members; ■ 27 applications for maternity, adoptive, family and illness leave; and, ■ 65 leave of absence applications.
New members admitted in Michaelmas 2014 In October 2014, 105 applicants were admitted as members of the Law Library. This is a 22% reduction in new member applications processed compared to the previous year.
External membership review The Library Committee is currently reviewing the external membership category, defined by Rule 17 in the Rules of Membership of the Law Library. Currently, there are 26 external members. Applicants must be in full-time practice as a member of a bar in another jurisdiction.
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Members on international programmes Members on international programmes, who are required to retain full membership over the period of the programme, shall be allowed a reduced subscription for the duration of the programme.
Library subscriptions In November 2010, the Library Committee established a sub-committee specifically to address a major increase in the level of subscription and service charge arrears. At the end of the legal year 2009/10, ¤2.4m remained outstanding on Law Library subscriptions and ¤0.5m remained outstanding on Law Library Services Ltd. To put this in perspective, ¤2.6m represented 27% of total subscriptions invoiced in 2009/10 (although not all related to this year only). The organisation was facing a major cash flow crisis. The scale of the problem was so significant that it could not be dealt with at monthly Library Committee meetings, so a sub-committee was established to deal with member correspondence. Since the establishment of this sub-committee, which is chaired by the presiding Library Chairman, it has met on a weekly basis. Initially, members in arrears were afforded an 18-month window to bring subscriptions in line. Over more recent years, out of necessity, Rules of Membership have been enforced. We are acutely aware of the impact this has had on some members, with many difficult decisions taken – including the exclusion of members. However, enforcing compliance was necessary in order to ensure the viability of the organisation. As a result of vastly improved compliance with payment of subscriptions, the level of historical arrears reduced dramatically. As a direct result, the requirement for accruing a provision reduced, and over the last two years members have benefitted from 5% rebates, reflecting the improved position. The sub-committee continues to oversee this area, meeting weekly to review compliance and related correspondence. Unfortunately, an element of non-compliance remains and this has led to additional exclusions this year. Between October 2014 and May 2015, 27 members were excluded for non-payment of library subscriptions, which is a major reduction on the previous year but nonetheless very disappointing for all concerned.
Professional indemnity insurance The Library Committee also deals with the enforcement of the Rules with regard to professional indemnity insurance (PII) covered in Rule 27 (ii) of the Rules of Membership of the Law Library and rule 2.18 of the Code of Conduct. Failure to hold PII is considered a fundamental breach of barristers' professional obligations. Members are free to use whatever provider of insurance they wish, though a favourable rate is secured through Law Library Financial Services for members, and this has the added advantage of providing a commission to the Bar Council, and therefore
the membership as a whole. Significant improvements in compliance with this rule have been made in the last number of years, but a significant number of members are slow to ensure that the Bar Council is in receipt of proof of compliance as required. Administratively, this is a significant burden on the resources responsible for regulating the profession. The Committee is focused on ensuring full, timely compliance in this most important matter to our members.
Establishment Directive The Library Committee has for the first time this year had a number of enquiries in relation to lawyers from other EU Member States wishing to practise in Ireland under the Establishment Directive, Directive 98/5EC. Although these applicants do not become members of the Law Library, the Bar Council is the authority responsible for processing such applications. We have implemented an application process and set up a separate register for those opting to apply to practise under the Directive.
Other changes in 2014/15 The Committee continues to review and improve procedures to ensure the highest standards for members. This year the Committee introduced a ruling whereby members on leave of absence, or having left for five years or more, are now required on returning to practice to complete the first-year CPD programme in the year of return to practice. 2014/15 was the first year that the application forms for new entrants were made available on the Law Library website. In 2015/16, the Committee will improve the interview/introductory process for new members. All new applicants will be interviewed by two members, one more junior and one more senior, to ensure more consistency in interviews and that incoming members are given a broader understanding of what is expected in practice. The guidelines for the interviews have been reviewed and updated. The Library Committee is in the course of reviewing the leave of absence category, specifically in the field of family leave, with a view to aligning the criteria with best practice guidelines in this area. The Library Committee has implemented a more robust cleaning policy of the premises, involving removal of papers and boxes causing an obstruction. This has gone hand in hand with arranging secure off-site storage through an external provider, which members can avail of. For health and safety reasons, and in the interests of all the membership, the Library Committee upgraded this policy this year and members have responded positively.
Roderick Maguire BL Chairman Library Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
PROFESSIONAL SERVICES COMMITTEE Committee members Yvonne Mullen BL (Chairman)
BAR COUNCIL
David Barniville SC John Berry BL Robert Bourke BL Barry Browne BL Lisa Daly BL
FAST AND
NEW WEBSITE
Steven Dixon BL
APRIL
Owen Donnelly BL
ACCESSIBLE
WIFI
2015
Will Reidy BL Fiona Sheehan BL Michael J Walsh BL
The Professional Services Committee (PSC) has responsibility for the development of the Library and Information Service, as well as the development of information, communications and technology (ICT) resources and security to meet the needs of the members of the Law Library, regardless of location. This report sets out the key projects undertaken by the PSC during the 2014/15 legal year.
CCTV CAMERAS INSTALLED
Wi-fi was upgraded in the Four Courts and rolled out to members in October 2014. Following roll-out, three parallel projects ran to extend and/or upgrade wi-fi to the Distillery Building, Cork Library and Bar Rooms. They have either been successfully completed or are nearing completion. All will be complete by the end of July 2015. Wi-fi is now available in 14 Bar Rooms, including Dundalk, Galway, Monaghan, Limerick, Sligo, Waterford and Kilkenny.
Website The development of the website www.lawlibrary.ie was a key project. The goal was to create a fresh, vibrant and visually attractive website with constantly updated content relevant to members’ and other stakeholders’ needs. The content was streamlined and the interface was redesigned for ease of use. A large part of the project included updating member profiles and a professional photographer was engaged for this purpose. The new site went live on April 14, 2015, and reaction to it has been very positive.
IT policy for members A sub-committee, consisting of Robert Bourke BL, Robert Berry BL, Michael J Walsh BL, John Duffy and Mick Bannon was set up to review the current policy. The terms of reference were: 1. Whether the issue of illegal use is adequately covered in the current policy and whether the Bar Council holds any liability in this respect. 2. Whether our rules of membership and Code of Conduct need to be amended to cover a breach of the IT policy.
Wi-fi Providing fast and accessible wi-fi to members in Law Library premises and Bar Rooms around the country was a priority for the Committee. Installation of wi-fi in Bar Rooms required close collaboration with the Courts Service and we acknowledge their support and assistance with the roll-out.
PAGE 12
Following review of The Code of Conduct and the Rules of Membership the existing policy was assessed to see if it adequately covered illegal use. A draft IT policy was drawn up by the subcommittee. Content was streamlined and Rule 1.2 of the Code of Conduct was incorporated into the
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
DATA STORAGE
INCREASED
1GB - 10GB
TEN
LIBRARY
SAMPLE LECTERNS
TRAINING
FOUR COURTS
SESSSIONS
policy. The aim of the draft policy was to disclaim collective responsibility and proclaim individual responsibility as sole traders, thus indemnifying the collective from liability for the usage of the individual. The draft policy provides that members are users of a common facility and that each member owns their own data, and therefore they bear responsibility for its use, protection and so on. The policy has been accepted by the Standing Committee.
access to Westlaw from having no access anywhere to obtaining IP access in Law Library premises. The current agreement with Round Hall runs out in February 2016 and renewal negotiations have commenced. Extending access further is a priority.
Lecterns in courtrooms
CCTV and access control To improve security for members in the Four Courts a crime prevention audit was carried out, and as a result of recommendations made, CCTV cameras were installed in the Four Courts and keypads were replaced with proximity readers. They became operational at the start of the Trinity term. Additionally, keypads were replaced at the doors in the Church Street building.
A proposal to provide lecterns in courtrooms was put forward as a result of feedback from the organisers of the Advanced Advocacy Course. Ten sample lecterns were obtained and were installed in courts 1, 2, 3 and 4 in the Four Courts. Reaction has been very positive both from senior members and Courts Service staff.
Roadshow for Circuit members Extending library training sessions to members outside Dublin and links to CPD events were enhanced from the start of this legal year. Sessions have been held in Athlone, Cork, Galway, Kilkenny, Limerick and Waterford.
Printing and photocopying An evaluation of the printing and photocopying system was carried out, and as a result a new system for reporting issues was implemented, the memory on printers was increased and a log of issues is maintained. Temporary cards were introduced to assist members to print if they did not have their card with them. This development was publicised in In Brief. Extending photocopying facilities on Circuit was investigated and a pilot scheme was installed in Kilkenny Courthouse. If successful, it is proposed to roll out the scheme to other courthouses around Ireland.
Westlaw IE The importance of extending access to Westlaw IE is recognised by the Committee. Through a series of negotiations the library has progressed
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Query Types
Locations Consulted
Other 8%
CCJ 8%
Databases 28%
Issue Desk 39%
Books 56%
Distillery 40%
Legislation 2% Journals
New Library 13%
6%
Data refers to Dublin only
Data refers to Dublin only
FIGURE 1: Types of query directed to Library staff in Dublin.
FIGURE 2: Breakdown of queries to Library by location (Dublin only).
Law Library Department
Library collection
As the core service provided by the Bar Council to members of the Bar, the Library is very aware of the high expectations of its users. The service strives for excellence in all aspects of its work, from collection development to over-the-counter service, to training and marketing. The aim is to be a one-stop-shop for all legal information required by those who practise at the Irish Bar – a valued and essential service. Following are some of the highlights from the past year, presenting the salient facts of the Library's activities.
The Law Library’s collection remains the most comprehensive inventory of Irish legal materials, and is governed by a Collection Development Policy that ensures that every Irish legal publication of use to the practitioner is acquired and made available.
Print collection
The Library’s enquiry desks in Dublin and Cork were open to members every court sitting day throughout the year, as well as for extensive hours during vacation periods. Staff members dealt with queries covering all aspects of legal documentation, both print and online. Queries at the issue desk in the Four Courts and in the Legal Research Centre in the Distillery Building are approximately equal. When the new Library queries are considered, the Four Courts remains the busiest location for Library services. As well as direct contact at enquiry desks, Library staff assisted members by email and telephone on matters as wide ranging as database access, overdues and publishing schedules.
Over the course of the year, the print collection grew by 6%, a mix of books, periodicals, legislation and case law. The most popular new book was Wylie’s Landlord and Tenant Law (3rd ed.), borrowed 322 times since it was acquired in November 2014. Enforcement of Judgments by Sam Collins was the second most popular, with 299 check-outs. Other high profile acquisitions included McGrath on Evidence (2nd ed.) and Bloomsbury Professional's Guide to the Companies Act 2014. The Library has continued to invest in its private collections of electronic judgments. The JILL database of superior court judgments, hosted on Justis.com, has grown to 16,000 cases. The Employment Appeals Tribunal database on Barrister’s Desktop has also expanded, taking account of changes to the Employment Appeals system. Over 20,000 individual determinations are now available for search and download. A survey of members showed that the Library’s EAT database is still widely used, and is preferred to the Government’s new Workplace Relations website, which does not include as extensive an archive of older material.
Facts: 4 Five enquiry points 4 22 Library staff 4 19,686 user visits 4 31,154 queries
Facts: 4 8,353 new print items 4 100,000+ check-outs 4 903 new superior court judgments 4 342 new Employment Appeals cases
Enquiry desks
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Which of the following do you use most often for finding determination of the Employment Appeals Tribunal (EAT)?
Which is the more important feature of an EAT database?
Barrister’s Desktop
Up-to-date current content
Library Catalogue
Workplace Relations
A full archive of past decisions
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FIGURE 3: Survey of members regarding preferred methods of searching for Employment Appeals Tribunal determinations.
FIGURE 4: Results of members’ survey on important features of an Employment Appeals Tribunal database.
Online collection
Facts: 4 33 training events held 4 81 hours of training 4 437 members trained 4 243 attendees at Library events on circuit 4 294 views per newsletter, on average
Usage of the principal online databases remained high. Justis.com is the preferred site, used by 1,618 members of the Law Library during the year. The other resource that requires individual registration is Lexis Library, which has 778 active users. In addition to the British and Irish case law, legislation and commentary made available through Justis, Lexis and Westlaw, the Library also offers more specialised material on topics such as arbitration, financial regulation and tax law. Facts: 4 700,369 searches on Justis.com 4 135,652 searches on Westlaw 4 30,545 searches on Lexis Library
Library training Training events were held throughout the year and around the country, hosted both by expert trainers from the database vendors and by Library staff. From induction week before the beginning of a devil’s first term, and continuing through every member’s career, the Library is on hand to provide expert guidance and information on making the most of the resources available. Although there is no substitute for the first-hand interaction available at one-to-one sessions and live demonstrations in Dublin and on Circuit, the Library has also begun to make use of online technology to widen the scope of its training service, including real-time WebEx sessions and the how-to videos now available on Barrister’s Desktop. Members were kept up to date with developments in the Library via a newsletter published once per term, plus the Legal Update included in all six issues of The Bar Review.
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Library Ireland Week – November 2014 Over three days (a third day was added at members’ request), barristers got the opportunity to meet publishers and some of the people behind our most popular websites: Westlaw, Lexis Library, Bloomsbury Professional, and others. They also got to meet the Library staff in a more informal way, through an open-to-all Library training desk, a secondhand book sale and a demonstration of electronic resources by Library staff, which almost 30 members attended.
Launch of our new subscription to 12 ebooks on Westlaw IE in October 2014 A library stand was manned by the Library staff throughout the day and Westlaw IE gave three presentations of their new ebooks collection. Thirty-two members attended.
Inter-library loans While the Library’s own collection is as comprehensive as is practical, it is not always possible to fulfil every request received. For this reason, the Library maintains inter-library loan (ILL) agreements with seven other libraries, including Trinity College Dublin,
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Types of Training & Members Trained
UNIQUE
1,750
On circuit 243
Overview of Library resources 5 WebEx 6 One-to-one 10 Library Ireland Week events 33
Open-to-all clinics 73
PEOPLE ACCESS
IT
Presentation by suppliers 67
SYSTEMS
EVERY MONTH
1,500 ACCESS BARRISTER’S
DESKTOP
FIGURE 5: Types of Library training undertaken and numbers of members trained. the British Library, the King’s Inns and the Institute of Advanced Legal Studies, London. Through these arrangements, members may borrow books and order copies of articles and similar items.
Information Technology Department
Facts: 4 78 ILL requests processed 4 32 books borrowed from other collections
The use of information technology and electronic systems continues to increase, with the Law Library and its members typical of this upward curve. Over 1,750 members now utilise the IT systems put at their disposal by the Bar Council. The IT Department continues to provide highly available 100% uptime core business IT services and support to members and staff through leading-edge technology and an efficient support team.
Library app
IT enhancement projects
The Library made the BookMyne app available for the first time during the year. This allows users to check the Library stock, locate and reserve items, and renew any books they have checked out. BookMyne is available for free from the Apple App Store and Google Play Store.
In the past year a significant amount of work has been undertaken to upgrade the IT systems that provide the platform underpinning the delivery of all information technology and electronic data systems to members and staff. Some of the enhanced functionality and infrastructure implemented includes:
Facts: 4 Operating systems: iOS, Android 4 Cost to download: free
• Network core upgrade New network switches were installed between Distillery, Church Street and the Four Courts. This allows provision of modern speed requirements for members over wired and wi-fi networks. • Server upgrade Back end servers were replaced with new, more powerful iterations, required to run our systems and services. • Email storage upgrade The IT Department has increased the storage capacity of all email mailboxes from 1GB to 10GB.
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Call category
Laptop/PC/Mobile Devices 25%
Breakdown of calls
Printer Driver & Installation 3.8%
Staff 4%
WiFi 6%
IT Admin 12% Passwords & Accounts 6%
Application Software 7% Network Administration 2%
Members 84%
Apple Mac Systems 0.2%
IT Administration 3%
E-mail 10%
7,778 CALLS LOGGED
Backend Systems/ Appliances/Server 29%
FIGURE 6: Total number of calls to the IT Helpdesk, with breakdown.
FIGURE 7: Categories of calls dealt with by the IT Helpdesk.
• Firewall upgrade We replaced our existing firewall with a ‘next generation’ solution. This ensures that we continue to be protected from external threat by scanning our internal wired and wi-fi networks, and stopping malware from infecting devices.
use member or staff PCs, laptops, tablets, smartphones or devices. The new ‘next generation’ firewall leverages this increased level of security. Industry standard levels of attempts of malware attack, brute force attack and virus figures are identified and decommissioned or disinfected each month. Security threats are constantly evolving, so our team and systems are consistently observing and reviewing configurations, policies and procedures to ensure that we stay up to the required levels necessary to maintain the integrity of our data and systems.
• Wi-fi As outlined above, significant upgrading and roll-out of wi-fi across the Four Courts, Distillery and the Cork Library was undertaken.
Infrastructure – providing IT services to members and staff Our infrastructure provided a very stable platform throughout the year, handling all required capacity in relation to back end hardware resources (internet, network and wi-fi connectivity). This was boosted by the upgrades to those several key components, such as network core, wi-fi, servers and firewall, as outlined above.
Email Our secure Lawlibrary email is available to members and staff 24/7 on site, or remotely via the Barrister's Desktop application or outlook web application. The figure currently stands at almost 500 mailboxes over 1GB, showing a gradual growth in individual mailbox size from the 1GB limit in the previous year.
Security Our security systems have been enhanced to monitor not only threats and attacks that come from the outside world, but to check internal networks and wi-fi for any malware attempting to traverse the network and infect or
Yvonne Mullen BL Chairman, Professional Services Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
PROFESSIONAL PRACTICES COMMITTEE Committee members Patrick McGrath SC (Chairman) Sean Guerin SC Paul McGarry SC Dominic McGinn SC Sara Moorhead SC Eanna Mulloy SC Ronan Murphy SC Shane Murphy SC Colm O’Dwyer SC Ronnie Robins SC Eileen Finn BL Elizabeth Gormley BL Grainne Larkin BL Eoin Lawlor BL Imogen McGrath BL Lalita Morgan Pillay BL Yvonne Mullen BL Lauren Tennyson BL
The Professional Practices Committee (PPC) seeks to ensure that barristers act in accordance with the ethical and professional principles set out in the Code of Conduct of the Bar of Ireland. The PPC gives advice to barristers, usually upon request, as to whether or not a proposed course of action is consistent with the Code of Conduct. The committee also seeks to resolve allegations of misconduct made by one barrister against another. The Committee cannot make a finding that a barrister is guilty of professional misconduct. Where credible information is brought to the attention of the Committee, which suggests that a barrister might have acted in breach of the Code, the Committee will investigate the matter to determine if the barrister has a case to answer. If there is a case to answer, the complaint will be referred to the Barristers' Professional Conduct Tribunal, a body wholly independent of the Bar of Ireland. This Committee, which has a majority of non-barrister members, will consider the complaint and decide whether or not the barrister has breached the Code. The Committee can be a complainant to the Barristers’ Professional Conduct Tribunal on its own initiative.
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The Committee is also responsible for the prosecution of charges alleging professional misconduct, which, due to their particularly serious nature, are referred to the Honorable Society of King’s Inns. The work of the Committee consists of: requests for guidance from members on which rulings are made; and, some litigation and projects undertaken by the Committee as a result of issues that arise concerning ethical behaviour at the Bar.
Current projects The key current projects include: 1. Review of the Code of Conduct. A sub-committee was formed, chaired by Eoin McCullough SC. This review has involved a substantial amount of work and a final report is expected by the end of the legal year. 2. Review of the governance, role and operation of the Committee. A discussion paper and draft Terms of Reference are before the Committee. 3. A database of frequently asked questions and previous rulings of the Committee is under construction.
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
9
Guidanc 35
Total 107
32
12
4 8
Rule e 1.5 Rul b 1.2 6% 4%
Complai Guidance Query Complaint BPCT Query CPD BPCT Litigatio CPD Project Litigation
Rule 2.5 25% Other rules 23% Rule 2.6 10% Rule 4.1 17%
Project
Rule 2.7 15%
7
FIGURE 1: Work of the Professional Practices Committee – October 2014 to April 2015.
FIGURE 2: Code of Conduct. Rules considered.
At the start of the legal year there were seven pieces of litigation in being against six individuals. Solicitors have been retained to assist with current and future proceedings before the Disciplinary Committee of the King’s Inns.
existed; however, it required updating. This was done, and based on the considered and very comprehensive opinion provided, advices were provided to Counsel.
Taxing Master Member guidance The majority of the work of the Committee consists of requests for guidance and rulings on particular issues by members. Some of the queries require substantial investigation and research to arrive at a ruling. Between October 2014 and April 2015 there were 45 new queries before the Committee and 14 requiring follow-up work. As evidenced by Figure 2, barristers’ independence was the issue of concern most frequently brought before the Committee. The applicable rules, Rules 2.5, 2.6 and 2.7 of the Code of Conduct, account for almost 50% of the enquiries. The three rules were considered together in most instances. The second most frequently arising query or request for guidance related to being instructed by a solicitor when acting in a professional capacity. Queries related to Direct Professional Access, solicitors operating outside the jurisdiction and barristers engaged in State enquiries. Eight rules were considered only once and have been grouped together (Rules: 2.18, 3.2(a), 3.2(b)(i), 3.7, 3.11, 3.13(a), 5.9(c), 5.9(d), 6.2, 10.8, 10.18). Important issues relevant to the profession also come before the Committee for rulings and guidance. One such issue concerned the duty to report abuse in light of recent legislation. An opinion on the matter
Another matter considered by the Committee is the role of the Taxing Master. Much discussion and debate took place and the issues were then considered by the Standing Committee. A recommendation for a CPD event on the topic was made.
CPD compliance CPD compliance and its enforcement is part of the governance of the PPC. The Committee oversees compliance issues and refers noncompliant members to the Barristers’ Professional Conduct Tribunal for sanction.
Patrick McGrath SC Chairman Professional Practices Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
FINANCE COMMITTEE Committee members Sara Moorhead SC (Chairman) David Barniville SC Paul McGarry SC
OCTOBER 2014 – APRIL 2015
Eanna Mulloy SC Colm O’Dwyer SC Seamus Wolfe SC Grainne Larkin BL Imogen McGrath BL Yvonne Mullen BL
NET SURPLUS 6% LESS THAN LAST YEAR
10% AHEAD OF BUDGET
The role of the Finance Committee is to deal with all matters relating to the finances of the Bar Council and its associate companies. Financially, despite the economic recovery reported in the general economy, this year represents another challenging year for the Bar Council and members of the Law Library. Over recent years, as a consequence of active cost reduction in all areas of expenditure, most suppliers provided a varying range of reductions, which have assisted in providing large subscription reductions. A number of suppliers are now experiencing growth and are looking to reverse some of the reductions provided during the recession. We will, of course, resist and apply best procurement practices across the board, but there are some specialised creditors, supplying important services, who are seeking increases. In addition, we are experiencing increases from UK book and legal database suppliers due to the significant increase in the value of Sterling to the Euro between 2014 and 2015, which has effectively increased prices by 10-12%.
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Review of income and expenditure The consolidated net surplus for the seven months to April 30, 2015, at ¤1.2m, is 6% less than last year, which was predicted following the reduction in subscriptions provided in October 2014, and is 10% ahead of budget. Table 1 and Figure 1 summarise income and expenditure by entity.
Summary of results by entity The net surplus in the Bar Council, at ¤299k, is 18% behind budget. Subscription income is ¤30k less than expected due to higher levels of members on leave of absence, and overall membership numbers, at 2,210, being slightly less than expected when the budget was set in June 2014. Generally, overall expenditure is in line with budget. Law Library Properties Ltd is performing ahead of budget due to improved occupancy levels and having leased the Jameson Building to a new tenant. The net surplus, at ¤578k, is 17% ahead. All surpluses in this company are used to reduce the high levels of debt. All other entities are performing as expected.
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
TABLE 1: INCOME AND EXPENDITURE SUMMARY FOR THE BAR COUNCIL GROUP. BC Group Income and Expenditure Summary Year ended 30th September 2014 Income
Expenditure
Surplus
造000
造000
造000
5,107
(4,808)
299
Law Library Services
626
(520)
106
Church Street Club
169
(140)
29
Bar Council
Law Library Finance
285
(80)
205
Law Library Properties
2,415
(1,837)
578
Total Group Summary
8,602
(7,385)
1,217
Bar Council & Law Library Services 33%
Law Library Properties 48%
Law Library Finance 17%
Church Street Club 2%
FIGURE 1: Percentage net surplus by Bar Council division.
Other important finance matters 1. Debt refinancing The KBC property loan to Law Library Properties Ltd is due for repayment/refinancing at the end of this year. We are currently engaged in a process involving KBC Bank and other mainstream banks. We hope to reach agreement well in advance of the repayment date. 2. Banking services The contract between Law Library Finance Ltd (LLFL) and Bank of Ireland (BOI) to provide on-site banking services expired in
December 2014. Following a full tender process, BOI was successful in retaining this contract providing improved terms for LLFL. A seven-year contract was agreed in January 2015. Included in the new agreement, BOI intends to provide an ATM in Distillery, subject to a successful suitability audit of the building. BOI has also agreed to provide an annual contribution to events, which will reduce costs and hopefully improve such events. 3. 2015/16 budget The committee recently finalised the budget for the legal year 2015/16. A key element of the budget this year has been the feedback provided by the members' survey. Certain important areas identified in this survey will be considered for budgeting purposes. Consideration will also be given to potential financial impact following the expected enactment of the Legal Services Regulation Bill. The budget will be proposed to the Bar Council for approval on June 25, 2015, in accordance with the Constitution. Other matters under consideration include the financial performance of the investment in Dublin Dispute Resolution Centre Ltd, the tendering process for the renewal of the members' accelerated death benefit plan, and capital development projects planned for the summer vacation.
Sara Moorhead SC Chairman Finance Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
EXTERNAL RELATIONS COMMITTEE
(Chairman)
The External Relations Committee shall have the function of fostering relations and communications between the Council and all outside bodies with which the Council has contact.
David Barniville SC
Rule of law and the Innocence Project
Mary Rose Gearty SC
Irish Rule of Law International (IRLI) is a joint initiative of the Law Society of Ireland and the Bar Council, which aims to promote rule of law in the developing world. President of the Law Society Kevin O’Higgins welcomed World Affairs Editor at the BBC, John Simpson, to Blackhall Place on Thursday January 22, 2015, to speak at an event in the Presidents’ Hall in aid of IRLI. Attended by over 200 people, the evening was a wonderful opportunity to hear about John’s extensive career as a journalist for the BBC. John has reported from more than 125 countries, including 41 active war zones, and has interviewed some of the world’s most famous and controversial leaders, such as Osama Bin Laden, Saddam Hussein and Colonel Gaddafi. These experiences, and many more, were explored under the experienced hand of RTÉ and Prime Time reporter Richard Downes, who interviewed John at the event. The Bar Council provides three yearly scholarships for junior members to attend Innocence Projects in the US and assist by using their legal skills to overturn wrongful convictions. This has been running for four years and has grown during this time. Three participants travelled to the US in 2014 and the number of places has been increased to five for 2015.
Committee members Paul McGarry SC
Eanna Mulloy SC Colm Ó hOisín SC Arran Dowling-Hussey BL Diane Duggan BL Shane English BL Claire Hogan BL Ciara Kennedy BL Grainne Larkin BL Darren Lehane BL Susan Lennox BL Tony McGillicuddy BL Imogen McGrath BL Gerard Meehan BL Niamh O’Brien BL Will Reidy BL
Children’s Rights Alliance The Committee proposed an internship in children’s law to be named after Judge Catherine McGuinness. The formal launch of the Catherine McGuinness Fellowship, sponsored by the Bar Council, took place on November 18, 2014. The Chief Justice gave a presentation on the career of Catherine McGuinness. The fellowship was awarded to Caitriona Doherty BL for 2015.
Trócaire Legal Internship The inaugural Trócaire Legal Internship was launched in 2014 at an event attended by the former Guatemalan Attorney General Claudio Paz y Paz, who was involved in the Ríos Montt trials and other areas of human rights work. Mr David Perry BL was
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selected as the intern, with a commitment of two days per week for four months based in the Trócaire office in Maynooth. The intern's initial work included general research as to the issues facing human rights defenders across the world, and the various forms of protection open to them. As the internship progressed, the work involved researching specific options that human rights defenders have open to them in seeking protection, at the national, regional and international levels. For instance, David looked at the protections that the UN Special Rapporteur on Human Rights Defenders could provide, as well as regional-level courts such as the African Court of Human and Peoples’ Rights, and protection services provided nationally by certain NGOs. David ultimately wrote a handbook outlining all of the protection mechanisms available to human rights defenders and critically assessing what can be expected in practical terms from these mechanisms. The handbook was aimed at those without a legal background, and is to be circulated to Trócaire project countries as a resource for those working with and advising at-risk human rights defenders.
Direct professional access The Committee recognises the need to expand direct professional access (DPA) in the context of the enactment of the new legal regime, and a number of new applications were considered and approved by the Committee throughout the year. There are now over 70 organisations on the list of approved bodies, which can be found on the Bar Council website. The Bar Council is committed to a review of the DPA scheme in light of the proposals contained in the Legal Services Regulation Bill.
Daniel O’Connell lecture 2014 On April 2, 2014, a crowd of about 250 members and guests filled the Atrium of the Distillery Building for a superb evening of entertainment. A joint lecture, entitled 'Reflections on the life and career of O’Connell', was delivered by Adrian Hardiman, Judge of the Supreme Court, and Dr Patrick Geoghegan, Associate Professor of History, Trinity College.
Bar Council alumni The Committee agreed to the establishment of a Bar Council Alumni Forum to benefit both current and past members of the Law Library. A phased
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
At the presentation of draft legislation for the introduction of medically supervised injection units were (from left): Paul McGarry SC, Chair, External Relations Committee; Emily Egan SC, Chair, Legislative Drafting Committee; Minister of State for Equality, New Communities, Culture & National Drugs Strategy, Aodhán Ó Ríordáin TD; and, Tony Duffin, Director, Ana Liffey Drug Project.
Bai Ping, Director General of the Legal Aid Centre of the Ministry of Justice in China, with Bar Council Chairman David Barniville SC during her visit to the Bar Council in June 2015.
implementation was agreed in line with the overall Bar Council strategic plan.
Voluntary Assistance Scheme The Voluntary Assistance Scheme (VAS) is operated under the remit of the External Relations Committee and accepts requests for pro bono legal assistance from NGOs, civic society organisations and charities acting on behalf of individuals who are having difficulty accessing justice.
Visit from Chinese Ministry of Justice On Monday June 8, 2015, members of the Chinese Ministry of Justice visited the Bar Council as part of the China–EU Access to Justice Programme. Members of the delegation included Ms Bai Ping, Director-General of the National Legal Aid Centre, Chinese Ministry of Justice, along with a number of other delegates from both the Legal Aid Centre and the Legal Aid Department of the Ministry of Justice of China. The Bar Council delegation was led by Chairman David Barniville SC and Director Ciara Murphy, and included Paul McGarry SC, Mary Rose Gearty SC, Felix McEnroy SC, Tony McGillicuddy BL, Imogen McGrath BL, and David Dodd BL. The China–EU Access to Justice Programme aims to support China’s effort in strengthening access to justice to disadvantaged groups in regions with less developed legal infrastructure and in less economically developed areas. The delegation was particularly interested in current arrangements and any proposed changes to the Irish legal aid system, quality assurance and public legal education, and the Law Library members in attendance made very informative contributions to the discussion.
European pro bono nomination In April and May 2013, 33 barristers volunteered with Mr Justice Quirke on the Magdalen Commission to assist him in conducting a needs assessment of women who had spent time in the Magdalene Laundries. The volunteers dedicated a huge amount of time speaking to these women. The VAS and the Magdalen Commission volunteers were recently listed among the top four pro bono projects shortlisted for PILnet’s 2014 European Pro Bono Award for Partnership in the Public Interest. PILnet is the Global Network for Public Interest Law, an international pro bono organisation. The project was nominated by Ireland’s Public Interest Law Alliance (PILA). The Magdalen Commission volunteers received Honorary Human Rights Awards at the 2014 Irish Law Awards. The 33 volunteers were inspirational in their
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
task, demonstrating enormous skill, compassion and integrity in carrying out their work. The VAS was incredibly proud to be associated with the project and is delighted that this experience is being recognised in the European context of partnership in pro bono law.
Advocacy training for charities In late February 2015, the VAS embarked on a pilot advocacy training programme for charities. The aim was to assist charities in the process of making presentations and submissions, writing letters and generally advocating more effectively to achieve their aims. The programme was entitled 'Speaking for Ourselves'. As it was a pilot programme, it was decided to keep the number of attendees small and invite detailed feedback to establish if it was something we could pursue on an ongoing basis. We had attendance from the Wheel, the Irish Penal Reform Trust, the Carmichael Centre, Dublin Aids Alliance and the Northside Centre for the Unemployed. The programme was comprised of four presentations and a practical exercise. The presentations were: 'Preparation for Advocacy', delivered by Michael Cush SC, 'Oral Advocacy', delivered by Mary Rose Gearty SC, 'Written Advocacy', delivered by Barbara O'Neill BL, and 'Principled Negotiation', delivered by Turlough O'Donnell SC and Louise Beirne BL. Michael Lynn SC and Aoife Carroll BL prepared the practical exercise. Feedback was extremely encouraging and attendees commented on the high calibre of speakers, the practical benefits of the programme and how much other organisations could benefit from it.
public interest and in the best interests of the charitable organisation. Kearns P granted the order on April 20, 2015.
Legislative Drafting Committee A Legislative Drafting Committee comprised of Chairperson Emily Egan SC, Bernard Condon SC, Marcus Keane BL, Rebecca Broderick BL, Rebecca Graydon BL and Brendan Savage BL commenced work with the Ana Liffey Drug Project in June 2014 to develop draft legislation for the introduction of medically supervised injection units. This project was an extensive undertaking and the work of the Committee has been well received. The completed draft legislation was presented to the Minister of State with the responsibility for Drugs, Aodhán Ó Ríordáin TD, on May 20, 2015, by the Bar Council and the Ana Liffey Drug project. The Committee has expertise in legislative drafting, medico-legal issues and criminal law, and the Minister can be confident that it has been subject to rigorous scrutiny. The VAS remains committed to accepting similar requests for legislative drafting from charities and we hope to make it a consistent feature of our work.
Irish Penal Reform Trust The Irish Penal Reform Trust (IPRT) recently requested the help of the VAS in conducting some research in relation to laws around victims' rights. The group included Mark Murphy BL, Kate Butler BL, Emma Synnott BL and Marc Thompson Grolimund BL. Their output was a thoroughly professional and prompt piece of advice.
Charities Act application
Debt proceedings
In April 2015, Michael Cush SC and Kathleen Leader BL made the very first application in the State to the High Court under section 55(2) of the recently commenced Charities Act 2009. Section 55 of the Act states that “a person shall cease to be qualified for, and shall cease to hold, the position of charity trustee of a charitable organisation if that person… is convicted on indictment of an offence or…is sentenced to a term of imprisonment by a court of competent jurisdiction". A charity approached us where that issue had arisen and was of some concern to the charity, which was anxious to maintain the valuable contribution of the trustee. Section 55(2) of the Act allows an application to be made to the High Court for an order that such a person could hold the position of charity trustee. The High Court may, upon such an application, make such an order if satisfied that it would be in the
The VAS is providing assistance to clients of the Money, Advice & Budgeting Service (MABS) in numerous cases where proceedings are ongoing in relation to debt and repossession orders. We have also taken on a number of debt-related proceedings from the Irish Mortgage Holders Organisation, in cases where unique legal issues arise.
Paul McGarry SC Chairman External Relations Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
INTERNAL RELATIONS COMMITTEE Committee members Mary Rose Gearty SC (Chairman) David Barniville SC Colm O’Dwyer SC Colm Ó hOisín SC Jennifer M Good BL Grainne Larkin BL Tony McGillicuddy BL Imogen McGrath BL Yvonne Mullen BL Sarah O’Mahoney BL Elaine Power BL Will Reidy BL
Pictured at the launch of the Bar Council Transition Year Programme 2015 were: Bar Council Chairman David Barniville SC, Sara Moorhead SC and Colm Ó hOisín SC with participants on the Programme. The functions of the Internal Relations Committee (IRC) shall be to establish and maintain appropriate links with all regional and specialist Bars, with all clubs and societies, and promote the interests of new barristers. The Internal Relations Committee and Advocacy Committee oversaw a comprehensive programme of CPD and other events during the last year, with a particular focus on advocacy courses. A weekly CPD Bulletin was instigated to ensure that members are regularly updated on events, and to create a central contact point for internal and external organisations' educational events. The year commenced with a series of introductory talks for new devils, held over two days prior to the Michaelmas term. During the year the CPD Unit provided a comprehensive variety of seminars on topical subjects and growing areas of criminal and civil law. Topics addressed included: the annual tort law update; ethics; practice management; data protection; web tools for practitioners; managing your finances; and, practice and procedure in various courts, including the new Court of Appeal. We held a New Practitioners Programme, with a series of mandatory seminars for devils. Drafting, civil P&P, criminal P&P, and life on Circuit were among the areas addressed at these events.
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Advocacy courses The Committee ran two very successful courses this year. Perhaps most significantly, the Committee also ensured that we had a trained faculty of over 80 trainers to deliver these courses. Our trainers use the Hampel method as taught in Keble College Oxford. Participants underwent intensive training in the art of witness handling. Their performance was recorded and reviewed by faculty. We had huge support from colleagues, who wholeheartedly offered their time and expertise to undertake training in the method themselves, and then to train junior colleagues. We are also grateful to the Advocacy Training Council, and to individual colleagues from the Bar of Northern Ireland and the Bar of England and Wales, for their support for this programme. Several members of our own judiciary, and numerous senior and junior counsel, agreed to join the course faculty. Over 30 volunteers from the Bar ensured that the programme ran smoothly, both logistically and technologically. The courses could not have run without the support of so many colleagues.
Coaching A new initiative, ‘Voice projection and performance coaching’, was offered to new members of the Bar this year. For the first time we held voice projection and performance coaching sessions for devils. Actress
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
and voice coach Aoibhéann McCann held a series of coaching sessions for a number of devils with a view to improving their performance and confidence in court.
Women’s Working Group
Regional CPD events Two regional CPD events took place as part of this year’s programme. On March 20, a seminar was held in Hayfield Manor, which 98 Cork members attended. On April 25, 2015, the annual Midland & Western conference took place, this year in Athlone. A total of 97 Circuit-based members participated.
Compliance with CPD 2013/14 As of May 26, 2015, CPD compliance for the above year stands at 97% of the current membership. This figure represents the percentage of members for whom CPD is applicable, who have returned a card to verify their compliance. Note: CPD Compliance reports are currently one year in arrears.
Pupil Master Mentor Scheme This Scheme is designed to enable new practitioners to connect with more senior members of the Bar and to give them the opportunity to directly engage with a nominated Senior Counsel. All first year members are allocated a senior mentor and are encouraged to meet with their mentor or request his or her guidance, if they need to do so. In addition to this, two social nights take place annually to facilitate social engagement between pupils, their masters and allocated senior counsel mentors. These events are held in the Sheds during the first and final terms.
Stagiaire Programme Junior members are given the opportunity twice yearly to apply for a Stagiaire position at the European Court of Justice in Luxembourg. The Stage usually lasts from three to five months and the Bar Council subsidises in part the living/travel costs of the successful candidates. The spring 2015 stage is currently ongoing and we will shortly recruit for the autumn 2015 stage.
Transition Year Programme The new and expansive Bar Council TY Programme took place in the Law Library and environs from February 2 to 6, 2015. In all, 100 students from 100 different schools nationwide participated in the week-long programme. Of these, 27 were from DEIS schools and the remainder from schools all over the country. Places were awarded on a lottery basis and students who were lucky enough to receive a place eagerly engaged in all aspects of the week’s activities. Included in the programme was a visit to the King’s Inns, a talk from a judge, a tour of the Criminal Courts of Justice, and the opportunity to sit in on civil and criminal cases. On the final day, certificates of attendance were presented to all 100 students by the Chief Justice, Mrs Susan Denham.
A Women’s Working Group has been established to work with the External Relations Committee on researching the trend of women leaving the Bar. A sub-committee of the IRC has also been part of a joint initiative with the Law Society and the Irish Women Lawyers’ Association to establish a pilot programme for mentoring women in legal careers.
Collaboration We continued to work with internal and external legal associations in running CPD events, such as joint seminars with the Family Lawyers’ Association, the Criminal Bar Association, the Brehon Law School and the Employment Lawyers’ Association. Work continued with the Trinity Access Programme, whose mission is to widen access and participation at third level of under-represented groups. We held another very successful two-day mentoring programme in conjuction with the TAP and received encouraging feedback from the Programme organisers, and from our own colleagues and members of the judiciary who participated. Again, volunteers enthusiastically supported this important initiative and it could not be offered successfully without the level of assistance routinely offered by so many of our colleagues.
Clubs and societies The Committee oversaw the financial assistance to the following sporting and social clubs: ■ Men’s Soccer Club ■ Rugby Club ■ Golf Society ■ Cricket Club ■ Tennis Club ■ Men’s Hockey Club ■ Ladies’ Hockey Club ■ Bar Tag Rugby Club ■ Gaelic Football Club ■ Bar’s Got Talent ■ Martial Arts Society ■ Bar Flies Running Club ■ Bar Choir Finally, the Committee has just launched a new initiative aimed at fostering links with external bodies involved in every sector of the arts. Many colleagues have already signalled an interest in particular programmes of events, so expect to see proposals for concerts, sponsorship of young artists and trips to the theatre among the options on Barristers’ Desktop in the next year.
Mary Rose Gearty SC Chairman Internal Relations and Advocacy Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
HUMAN RIGHTS COMMITTEE Committee members Colm O'Dwyer SC (Chairman) Ann Power SC Patricia Brazil BL Diane Duggan BL Nuala Egan BL Conan Fegan BL Michael Lynn BL Natalie McDonnell BL Garrett Simons BL Colin Smith BL Saul Woolfson BL
The Human Rights Committee, chaired by Colm O’Dwyer SC (BCIHRC), was recently formed to: advise the Bar Council in relation to human rights issues and legislation; develop educational initiatives and provide courses/lectures to members of the Bar on human rights issues and developments in case law; assist members with human rightsrelated queries; and, make submissions on human rights issues and legislation to the legislature.
member of the Library swiftly drafted an opinion that was subsequently sent on to Reprieve. Events of immense interest will be run for members, and will include topics related to the rescue of asylum seekers at sea and ‘burden-sharing’ among countries throughout the world, the duty to rescue, and the role barristers might play in the development and promotion of human rights with the Commission.
In relation to international human rights issues, the Committee recently engaged in a request for assistance in a death penalty case in Pakistan. A
Colm O'Dwyer SC Chairman Human Rights Committee
PAGE 27
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
CIRCUITS LIAISON COMMITTEE Committee members Eanna Mulloy SC (joint Chairman) Elaine Power BL (joint Chairman) Gerard Croarke BL Dominic McGinn BL Yvonne Mullen BL Heather Nicholas BL Will Reidy BL Aisling Wall BL
The Circuits Liaison Committee acts as a conduit to enable Circuit practitioners to bring any issues of concern before the Bar Council for consideration. The Committee is jointly chaired by Eanna Mulloy SC and Elaine Power BL, and plays a vital role in supplying a mechanism for members who practise primarily on Circuit to voice their concerns. The Committee meets monthly following the meeting of the Bar Council, and any members who wish to raise an issue are actively encouraged to make contact prior to that date so that action can be taken if appropriate. Over the recent period several projects have been finalised or are near completion. Posters were recently placed in County Bar Rooms informing members of Bar Council services available to members on Circuit, and providing information and contact numbers for access to wi-fi, printers, Barristers' Desktop, and services available online. Work is ongoing with the installation of wi-fi in county courthouses, with the exception of Limerick and Clonmel due to technical issues. These will, however, be fixed in due course. Desks have been provided to Circuit members who do not have a desk in the Law Library but are in Dublin for a few days for a case. These can be reserved in advance. The Courts Service is soon to upgrade a number of courthouses on Circuit. It has been suggested that the Bar should attempt to get involved in the process, and put forward submissions regarding the plans, and what requirements barristers have in such buildings.
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Work would take place during the Whit vacation period to update the Buncrana Bar Room. The Circuits Liaison Committee, in conjunction with the Professional Services Committee, is striving to provide printing facilities to five courthouses on Circuit: Kilkenny, Galway, Limerick, Sligo and Dundalk. These have been identified, and work is underway to make sure that the service is sustainable. As regards waste disposal for members on Circuit, discussions are at final stages with PULP, who will provide shredding boxes and collect them on a monthly basis. Members would like if Westlaw.ie was made available to all members, not just those in Dublin. This is particularly relevant given the recent additions of some very useful texts to the service. It was noted that Westlaw.ie is only available in the Law Library and Distillery Buildings. Negotiations are in train with Westlaw to widen their access to six specific locations, namely county courthouses at Cork, Kilkenny, Sligo, Galway, Dundalk and Limerick. Important CPD events will be brought to Circuit for members unable to attend Dublin events. Videos are available online of some CPD events, while podcasts are available of all CPD events. Members on Circuit have been asked to engage with the CPD Department if they wish to hold their own events with the support of the CPD Unit.
Eanna Mulloy SC, Joint Chairman Elaine Power BL, Joint Chairman Circuit Liaison Committee
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION COMMITTEE Committee members David Dodd BL (Chairman) David Barniville SC James Connolly SC Colm Ó hOisín SC Lucrezia Colonna BL Marcus Keane BL
ADR Appointment Scheme
Arbitration Ireland
Katie Mann BL
The Committee is establishing a pilot ADR Appointment Scheme and received approval in June 2015 from the Bar Council for the Scheme. The aim of the pilot scheme is to: ■ promote and encourage the use of barristers as arbitrators/mediators in disputes; and, ■ promote the use of the chairperson of the Bar Council as the body to appoint a mediator/arbitrator in a dispute where parties cannot agree on such an appointment – but agree that they want a suitably qualified barrister.
The Dublin International Arbitration Day conference was successfully concluded with 94 people participating, 34 from abroad. Colm Ó hOisín SC was elected President of Arbitration Ireland at the AGM on November 18, 2014.
Gerard Meehan BL
Mediation meets judges – EU initiative This is an initiative being driven by Chambers Ireland, partnering with the Courts Service, Mediators Institute of Ireland and the Law Society. A number of meetings were held to explore possibilities for using arbitration/mediation in the chancery list. The project is at the discussion stage.
Shadow a mediator/arbitrator scheme The Committee proposed the establishment of a ‘shadow’ mediator/arbitrator pupil scheme. There was a positive response from senior arbitrators/mediators, with over 17 agreeing to participate. A panel of interested junior members has been formed with the scheme due to commence in Trinity term.
Arbitrator search facility The Committee oversaw the establishment of a dedicated search facility for qualified arbitrators on the Bar Council website. Seventy-two members sought to be included and provided details. This went live in early 2015.
ADR Forum The Committee established the ADR Forum in spring 2015. The aim is to bring colleagues practising in ADR together for breakfast briefings and other events. The first event was a breakfast briefing, and Klaus Reichardt SC gave a very interesting perspective comparing court pleading and advocacy, and advocacy in international arbitration. At the time of going to print a second event is planned for July 2015, with Turlough O’Donnell SC confirmed as speaker.
ICC A meeting was held with the ICC in Paris on May 27, 2015, between the national committee and the common law desk. The Irish delegation included Mr Justice McGovern. The interplay between ICC and the national committee was discussed, including the appointment of Irish arbitrators to ICC arbitrations, the use of Dublin as a seat for ICC arbitrations and participation by the national committee in the task forces/committees of the ICC.
Newsletter The Committee drafted and circulated newsletters during the course of the year. The first newsletter was directed a younger members.
ADR young bar liaison officer Catriona O’Reilly BL was appointed as ADR young bar liaison officer.
David Dodd BL Chairman Arbitration and Alternative Dispute Resolution Committee
PAGE 29
Caitriona O'Reilly BL Anna Shanley BL
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
CRIMINAL AND STATE BAR COMMITTEE Committee members Tony McGillicuddy BL (Chairman) David Barniville SC Inga Clissman SC Remy Farrell SC Mary Rose Gearty SC Dominic McGinn SC Patrick McGrath SC Sara Moorhead SC Colm O'Dwyer SC Micheál P O'Higgins SC Colm Ó hOisín SC Sean O hUllachain SC Diane Duggan BL Deirdre Gavin BL Áine Hartigan BL Michael Hourican BL Dean Kelly BL Garrett McCormack BL Ferga McGloughlin BL Conor McKenna BL
The Criminal and State Bar Committee is responsible for the interaction between the Bar and the State organisations that provide legal services, viz the Department of Justice and Equality, the Office of the Attorney General, the Chief State Solicitor’s Office and the Legal Aid Board.
Yvonne Mullen BL Elaine Power BL
Stakeholder meetings
James Richardson BL
Each year, a series of engagements take place between the Bar and the State organisations to ensure ongoing dialogue and the ability to address any concerns through a regular forum: ■ In December 2014, representatives of the Committee met with officials from the Office of the Director of Public Prosecutions, and a number of issues were discussed. One significant issue discussed was that of professional fees, and it was indicated that the Bar Council is preparing a submission in this regard. ■ Later in December a meeting took place with the Chief State Solicitor and the Office of the Attorney General. Some of the issues discussed included the undertaking being required of barristers acting in asylum cases for the CSSO, the consistency of application of professional fees, and the need for secure e-communications with members of the Law Library.
Brian Storan BL
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■ A meeting took place with the State Claims Agency in March 2015. Among the items discussed was the recent tender process for participation on the barristers’ panels. The State Claims Agency confirmed that they had learned a lot from the last process. The Bar Council outlined that as participation in a procurement process was not a frequent undertaking by the profession, a lot of confusion had arisen in respect of completion of the tender documentation. It was suggested that for future tenders it would be useful for the Agency to undertake an information briefing in partnership with the Bar Council on the process to assist members in compiling and improving their responses. The State Claims Agency confirmed that the panels were of a very high calibre and that the work was starting to flow through to all the panels. But it was accepted that this has taken some time. Efforts are also being made to spread the work across the panels and, in particular, to barristers of less than five years’ experience, and this is being monitored on a regular basis. The Bar Council representatives urged the State Claims Agency to provide as many opportunities as possible for the young bar. The meeting also addressed the recently published MPS report and
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
the subsequent Oireachtas Committee hearings in relation to the increasing cost of medical indemnity insurance in Ireland. â– In April 2015, a meeting was held with representatives of the Legal Aid Board that was led by the Chairperson, Muriel Walls, and their newly appointed Chief Executive, John McDaid. The items discussed included the terms and conditions of the 2012 scheme, the pattern of payments and administrative difficulties encountered in obtaining payment, and the future funding of the scheme. The Bar Council also continues to participate on the Legal Aid Board Consultative Group, which usually meets two to three times every year. The Legal Aid Board has been principally concerned with the launch and implementation of its most recent strategic plan. Another priority for the Legal Aid Board is preparing to assume responsibility for the running and oversight of the criminal legal aid schemes. The legislation to enable this to take place is still being drafted. The proposal to transfer the operation of the criminal legal aid scheme to the Legal Aid Board has arisen from a need to ensure improvements in oversight of the Scheme. While the Board expressed its hope that this would occur this year, it was not certain that this deadline would be met. The Bar Council noted that the service from Killarney was excellent and urged that this corporate knowledge would be retained in any transfer of responsibilities to the Legal Aid Board.
located in Dolphin House, Phoenix House and the Four Courts. The proposal is that this will also accommodate the Children Court, currently located in Smithfield. The views of members of the Law Library have been sought to assist in specifying the requirements for the building. A preliminary scoping exercise is underway by the Courts Service in an attempt to ascertain the scale of the project. The Bar Council consulted with members and made a submission in June 2015.
Professional fee collection difficulties The difficulty encountered by members in collecting outstanding fees remains of concern to the Committee. In order to assist members, particularly junior members, a special presentation on the new fee recovery service took place in the Criminal Courts of Justice at the end of January. Cormac Loughrey of Lawserv delivered a detailed presentation on the services available to members of the Law Library. The Committee continues to monitor this issue.
Consultation on family law courthouse Meetings also took place with the Courts Service. The Courts Service is currently developing proposals for a new family law courthouse in central Dublin, which will accommodate the courts and related services currently
Tony McGillicuddy BL Chairman, Criminal and State Bar Committee
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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
YOUNG BAR COMMITTEE Committee members Will Reidy BL (Chairman) Anita Finucane BL Grainne Larkin BL John Madden BL Michael McCormack BL Eddie Murray BL Niamh O’Brien BL Conor O’Higgins BL
The current Young Bar Committee was formed in January 2015 by the Bar Council to assist with the integration of new members to the Bar, to assist with the promotion of the Junior Bar, and to provide information that may be of assistance and relevance to junior members. The Committee is comprised of one member from each year involved (years 1-7), nominated by the Chair. The Chair of the Committee is an elected member of the Bar Council and is nominated by the Bar Council to Chair the Committee. The Committee meets once each month within term time, and thereafter emails are circulated to junior members, providing information regarding upcoming events and information on sports clubs, work opportunities, relevant CPDs, etc. The Committee’s terms of reference were defined
PAGE 32
early, outlining its purpose, duties and responsibilities, and membership composition. Recent meetings have seen discussions take place around a variety of topics relevant to junior members. This has ranged from formulating ideas for social and CPD events, to issues relating to devilling, and discussions around potential avenues for obtaining work. Initial feedback from the junior members has been positive, and the Committee intends to build on this by continuing to represent the interests of junior members, promote the Junior Bar and assist with the integration of new members.
Will Reidy BL Chairman Young Bar Committee
COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
HUMAN RESOURCES COMMITTEE Committee members Grainne Larkin BL (Chairman) Sara Moorhead SC Marguerite Bolger BL Harry Brophy BL Claire Bruton BL Murray Johnson BL Kevin Lenahan BL Cathy MacDaid BL
HR system
Getting to know the staff
A new technology-based HR system has been selected and will be introduced over the coming months. The system selected will be supplied by Softworks and will provide better management information and process efficiencies. In addition, there will be an employee self-service component that will allow all staff to check and request leave, and update personal details. There will be a policy section that will provide access for all staff to the HR polices and relevant application forms.
Now included on Barristers' Desktop is a list of staff by department together with photographs.
Code of Conduct The HR Committee has developed a new Code of Conduct statement about how the Bar Council conducts business, and the duties and responsibilities of employer and employees. This will be included in the HR policies.
Leavers/joiners Over the last three months we have seen the departure of two long-serving staff: Jeanne McDonagh, Press & PR Manager; and, Inga Ryan, CPD Manager. A new Communications & Policy Department has been established and is headed up by Shirley Coulter, Director of Communications & Policy. James Weldon has joined the new department as Marketing & Research Executive. Valerie Kendlin will be joining the department at the end of July as the Education & Events Co-ordinator.
Review of policies As part of the ongoing review of policies, the Equality and Respect and Dignity Policy was updated to reflect changes in legislation. The Parental Leave Policy was revised so as to give greater clarity about the approval process for applications for split leave.
Grainne Larkin BL Chairman Human Resources Committee
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EVENTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
GALLERY
Bar Council Chairman David Barniville SC, Bar Council Director Ciara Murphy, Bai Ping, Director General, National Legal Aid Centre, Ministry of Justice; Wang Yong, Deputy Division Chief, Legal Aid Department, Ministry of Justice; Guo Jie, Division Chief, National Legal Aid Centre, Ministry of Justice; Luo Junhua, Staff, National Legal Aid Centre, Ministry of Justice; Shi Xiang, Director, Baoshan District Legal Aid Centre, Shanghai; Ye Xiangdong, Staff, Shenzhen Legal Aid Department, Guangdong Province; Paul Dalton, Team Leader, EU-China Access to Justice project; and Ni Jing.
The Hon. Mrs Justice Catherine McGuinness (left), with the Hon. Mrs Justice Susan Denham, Chief Justice, at the launch of the Catherine McGuinness Fellowship on Children's Rights and Child Law at the Bar Council Of Ireland. Photo: Garrett White.
Pictured at the inaugural annual Professional, Regulatory and Disciplinary Bar Association of Ireland (PRDBA) conference were (from left): speakers Patrick Leonard SC; Dr Simon Mills BL; Ciara McGoldrick BL; Seamus Woulfe SC; and, Nicholas Butler SC.
PAGE 34
EVENTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Pictured at the launch of Law and Government – A Tribute to Rory Brady were former President of Ireland Mary McAleese (centre), with (from left): Jim O'Callaghan SC; Blathna Ruane SC; Siobhán Brady; and, David Barniville SC.
At the launch of draft legislation prepared on behalf of the Ana Liffey Drug Project were (from left): Tony Duffin, Director, Ana Liffey Drug Project; Diane Duggan BL, Co-ordinator, Voluntary Assistance Scheme; and, Emily Egan SC.
Speaker David Perry BL and attendees at a seminar on Seeking Justice Against Genocide & Violence Against Women, which took place on Tuesday December 2, 2014.
Bar Council Chairman David Barniville SC and US Ambassador to Ireland Kevin O'Malley. Ambassador O'Malley, a distinguished trial lawyer, visited the Law Library on January 14, 2015, at the invitation of the Chairman.
PAGE 35
EVENTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Pictured at a retirement dinner for Jerry Carroll in the King's Inns were (from left): The Hon. Mr Justice John MacMenamin; Jerry Carroll; and, Conor Maguire SC.
Bar Council Chairman David Barniville SC (right) and Ercus Stewart SC at the formal opening of the Dublin Wicklow Mountain Rescue Team Art Exhibition.
Visit from the Kenyan Judges & Magistrates Vetting Board.
PAGE 36
INTERNATIONAL LIAISON THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
BAR COUNCIL INTERNATIONAL LIAISON THE BAR COUNCIL CONTINUES TO FOSTER IMPORTANT LINKS WITH RELEVANT INTERNATIONAL ORGANISATIONS SUCH AS THOSE DETAILED BELOW.
CCBE “European lawyers promoting law and justice” A non-profit organisation, the CCBE represents European bars and law societies in their common dealings before European and other international institutions. Current projects include work on anti-money laundering, intervention in certain court cases, corporate social responsibility, IT law and criminal law. A new Commission is coming into office, which means a new Justice Commissioner, which will have implications at a European level. David Barniville SC and Paul McGarry SC will travel to meet with members of the Commission following a report they issued, which recommended the Legal Services. A new Secretary General for the CCBE has been nominated for selection and Mr Paul McGarry SC was on the interview board.
International Bar Association “The foundation’s mission is to engage in a wide variety of international charitable endeavours related to the rule of law, including continuing legal education and equitable access to the legal system and, particularly in more economically disadvantaged parts of the world, infrastructure improvements, competent legal services and legal services administration. Since 1986, the foundation has funded law-related projects throughout the world.” Recent projects include launching a mobile app that captures verifiable images to aid prosecution of human rights atrocities.
Union Internationale des Advocats “Bringing Together the World’s Lawyers” The Bar Council is pleased to host the Union Internationale des Advocats (UIA) conference in Dublin from September 11-12, 2015, where both formal and informal meetings will be held to further strengthen ties between the Irish Bar and our international counterparts. The 2015 UIA Congress will take place in Valencia, Spain. Inspired by the city’s futuristic buildings, the Management of Law Firms Commission proposes to organise a dynamic session on the future of lawyers: 'Legal services in the 21st Century – what do clients expect from lawyers?'
International Council of Advocates and Barristers Every two years, the International Council of Advocates and Barristers (ICAB) organises an international legal conference in different cities worldwide. The 2014 event was held in New Zealand, and Edinburgh has been chosen as the location for the World Bar Conference 2016. The New Zealand Bar Association has recently agreed, with representatives of members of the International Council of Advocates and Barristers, to create a new website for the ICAB.
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THE BAR COUNCIL STAFF LIST THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
STAFF LIST – JUNE 2015 The Bar Council (64)
Director's Office Director Assistant to the Director
Library & Information Services Department Ciara Murphy
ciara.murphy@lawlibrary.ie
Rose Fisher
rfisher@lawlibrary.ie
Human Resources
HR & Organisational Development ManagerMaria Kelly Administrator
mkelly@lawlibrary.ie
Michelle Smith
msmith@lawlibrary.ie
Communications & Policy Department
Director of Communications & Policy Shirley Coulter
shirley.coulter@lawlibrary.ie
Marketing & Research Executive James Weldon
james.weldon@lawlibrary.ie
Library & Member Services Co-ordinator Cork Marjorie Connolly
mconnolly@lawlibrary.ie
Library & Information Services Manager Nuala Byrne, Librarian
nbyrne@lawlibrary.ie
Sub Librarian
John Duffy
jduffy@lawlibrary.ie
Assistant Librarian
Robert Carey
rcarey@lawlibrary.ie
Assistant Librarian
Vanessa Curley
vcurley@lawlibrary.ie
Assistant Librarian
Deirdre Lambe
dlambe@lawlibrary.ie
Assistant Librarian
Renate NĂ Uigin
rniuigin@lawlibrary.ie
Assistant Librarian
Magalie Guigon
mguigon@lawlibrary.ie
Senior Library Staff
Susan Downes
sdownes@lawlibrary.ie
Senior Library Staff
Sarah Foley
Senior Library Staff
Damien Grenham
Senior Library Staff
Karen Kelly
Senior Library Staff
Joanne Macnaughton jmcnaugton@lawlibrary.ie
Senior Library Staff
Desmond Mulhere
Library Assistant
Lorraine Brien Mahon
Library Assistant
Peter Brien
Library Assistant
Andrew Byrne
abyrne@lawlibrary.ie
Library Assistant
Katy Byrne
kbyrne@lawlibrary.ie
Library Assistant
Adrian Constable
Library Assistant
Paul Cowzer
Library Assistant
James Donegan
sfoley@lawlibrary.ie dgrenham@lawlibrary.ie kkelly@lawlibrary.ie
dmulhere@lawlibrary.ie lbrien@lawlibrary.ie peter.brien@lawlibrary.ie
aconstable@lawlibrary.ie pcowzer@lawlibrary.ie jdonegan@lawlibrary.ie
Library Assistant
Nigel Doyle
ndoyle@lawlibrary.ie
Library Assistant
Michael Ferris
mferris@lawlibrary.ie
Library Assistant
Brian Kenefick
bkenefick@lawlibrary.ie
Library Assistant
Hugh Lyons
Library Assistant
Feichin McDermott
Library Assistant
Josephine O'Connor
joconnor@lawlibrary.ie
Library Assistant
Clare O'Dwyer
codwyer@lawlibrary.ie
Library Assistant
Brendan O'Reilly
Library Assistant
Lucy Sheridan
lsheridan@lawlibrary.ie
Library Assistant Cork Library
Bridget Molloy
bmolloy@lawlibrary.ie
PAGE 38
hlyons@lawlibrary.ie fmcdermott@lawlibrary.ie
boreilly@lawlibrary.ie
THE BAR COUNCIL STAFF LIST THE BAR COUNCIL ANNUAL REPORT 2014
Finance & Administration Department Director of Finance & Operations
Colin Potts
Financial Accountant Suzanne Glansfield
Telecommunications & Security cpotts@lawlibrary.ie sglansfield@lawlibrary.ie
Anne O'Regan
aoregan@lawlibrary.ie
Receptionist
Eva Maher
emaher@lawlibrary.ie
Receptionist
Caroline Nannery
dkennelly@lawlibrary.ie
Receptionist
Geraldine Mulrennan
vmcdonnell@lawlibrary.ie
Receptionist
Heather Iland
Deirdre Watters
dwatters@lawlibrary.ie
Receptionist
Niamh Finnigan
Lisa A Dempsey
ladempsey@lawlibrary.ie
Receptionist
Karen Fitzpatrick
Samantha de Paor
Accounts Assistant
Pauline Muckian
pmuckian@lawlibrary.ie
Accounts Payable Administrator
Donald Kennelly
Purchasing Officer
Vivian McDonnell
Administrator Administrator
sdepaor@lawlibrary.ie
IT Helpdesk Support Assistant
cnannery@lawlibrary.ie gmulrennan@lawlibrary.ie hiland@lawlibrary.ie nfinnigan@lawlibrary.ie karen.fitzpatrick@lawlibrary.ie
Property & Facilities
IT Department
IT Helpdesk Supervisor
LIland@lawlibrary.ie
Receptionist
Credit Controller
IT Manager
Telecommunications & Security Administrator Louise Iland
Michael Lynch Mick Bannon Johannes Anthoni
IT Helpdesk Support Assistant
Alan Doyle
IT Helpdesk Support Assistant
Justin Forde
mlynch@lawlibrary.ie mbannon@lawlibrary.ie janthoni@lawlibrary.ie
Facilities & Services Officer Four Courts Paul Moloney
pmoloney@lawlibrary.ie
Facilities & Buldings Church St/Distillery
hmcquaid@lawlibrary.ie
Harry McQuaid
Facilities & Buildings Distillery/Church St Paddy Holmes
pholmes@lawlibrary.ie
adoyle@lawlibrary.ie justin.forde@lawlibrary.ie
Sheds Club Bar Manager
Edward Martin
Bar Staff
Barbara Tavey
barbara.tavey@lawlibary.ie
Bar Staff
Feargal Smyth
feargal.smyth@lawlibrary.ie
PAGE 39
edward.martin@lawlibrary.ie
TREASURER’S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
OVERVIEW OF BAR COUNCIL FINANCES 2013/14 The Bar Council Group has four main entities: The Bar Council; Law Library Properties Limited; Law Library Services Limited; and, Law Library Finance Limited. In addition, there is the Church Street Club of which every member of the Bar is also a member.
Bar Council Group financial structure The Bar Council is an unincorporated body, which represents the members of the Law Library. Over the years, the range of services has increased and a number of companies were established to deliver the various services in a financially independent and tax-efficient way. The Bar Council provides a variety of services, greater than would be the norm for a typical professional body, as most members effectively operate their practice in the vicinity of the Four Courts and Criminal Courts. The Bar Council operates financially from subscription income used to fund administrative costs and the supply of these services to members of the Law Library. The annual subscription income is in the region of ¤8.5m. As of May 31, 2015, there are 2,210 practising members of the Law Library, and all operate as sole traders/independent practitioners.
Review of financial performance The consolidated financial results for the Bar Council and subsidiary entities for the year ended September 2014 were largely positive, although as an organisation many challenges remain. We note in particular that many members continue to face financial difficulties, having experienced significant income reductions in recent years, and also that in December 2015 Law Library Properties Ltd must refinance
the property loan provided by KBC Bank, and currently standing at ¤26.4m, as this loan agreement expires on December 31 this year.
Bar Council The Bar Council Financial Statements for the year ended September 30, 2014, are included in this annual report. The following is a summary of the outcomes of the Bar Council: ■ A net surplus of ¤0.7m was recorded in the year as subscription income at ¤8.5m exceeded operating expenditure of ¤7.8m. ■ Subscription income fell by 1.1% from ¤8.6m in 2012/2013. This reflects the fact that subscription rates were reduced by 2%, and although membership numbers reduced at year end from 2,202 in September 2013 to 2,190 in September 2014, the overall number of members was slightly higher over the course of the year. ■ Although expenditure at ¤7.8m in 2013/14 increased from 2012/13 expenditure of ¤7.5m, significant cost savings have been achieved over the last six years following a major cost reduction programme, which has resulted in the high subscription reductions provided over the last three years (Figure 1). ■ The main variances in expenditure between 2012/13 and 2013/14 are: 1. the bad debt provision accrual was reduced in 2012/13, resulting in a positive variance of ¤161k; 2. no legal costs were incurred in 2012/13 relating to PPC matters, but costs of ¤21k were incurred in 2013/14; and, 3. Legal Services Regulation Bill costs increased, as activity on the Bill was higher. In addition, Dublin City Council levied commercial rates on the Four Courts for the first time, increasing rates costs by approximately ¤40k per annum.
Business structure of the Bar Council Group
THE BAR COUNCIL
CHURCH STREET CLUB
LAW LIBRARY PROPERTIES LTD
LAW LIBRARY SERVICES LTD
LAW LIBRARY FINANCE LTD
PAGE 40
50% OWNER DUBLIN DISPUTE RESOLUTION CENTRE LTD (DDRC)
TREASURER’S REPORT THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
Bar Council Expenditure €000 €10,000
Bar Council Expenditure €000
€9,500 €9,000 €8,500
Law Library Properties 49%
€8,000 €7,500
Bar Council & Law Library Services 23%
€7,000 €6,500
Church Street Club 23%
2013/14
2012/13
2011/12
2010/11
2009/10
2008/09
€6,000
FIGURE 1: Total Bar Council expenditure over the last six years.
FIGURE 2: Net surplus by Bar Council Division 2013/14.
Table 1: Breakdown of income and expenditure for year ended September 30, 2014, by entity. BC Group Income and Expenditure Summary Year ended September 30, 2014 Income
Expenditure
Surplus
¤000
¤000
¤000
8,492
(7,758)
734
Law Library Services
778
(779)
(1)
Church Street Club
227
(219)
8
Law Library Finance
403
(122)
281
Bar Council
Law Library Properties
4,083
(3,095)
988
Total Group summary
13,983
(11,973)
2,010
■ All expenditure categories were targeted for review in the cost reduction programme. Major savings were achieved in all areas. Some of the key savings include a 25% reduction in the cost of DX and mailroom management, a 48% reduction in cleaning costs following a cleaning audit and subsequent contact re-tendering in 2012, and a major reduction in staff pension costs, having closed the DB scheme to the future accrual of benefits in that scheme in December 2010, and migrating staff to a new DC scheme. Over the last number of years, the level of subscription arrears outstanding has improved greatly to the extent that for two consecutive years, 2013/14 and 2014/15, members benefitted from 5% subscription rebates arising directly from a reduction in provision for bad debts. Members benefited from this improved financial position again for the financial year 2014/15, with subscription rates reduced in October 2014 by a further 4% and retention of the increasingly popular 3% early settlement discount.
■ The operating surplus, at ¤3.18m, was comparable to the prior year. The consolidated retained surplus for year ended September 30, 2014, at ¤2m, exceeded budget target by ¤0.7m (50%). Table 1 (left) and Figure 2 provide a breakdown of this surplus by entity. The net surplus achieved in the Bar Council was used to fund the 5% rebate provided as a credit in subscription invoices in October 2014 and to finance capital expenditure requirements. ■ Overall, consolidated income and expenditure was comparable to the prior year and an improvement on budget. The main improvement on the consolidated performance over budget relates to the Bar Council surplus, which has already been covered earlier in this report. ■ Law Library Properties Ltd earned a net surplus of ¤988k. Income from rent and service charges, at ¤4.08m, fell from ¤4.22m in 2012/13, due mainly to the Jameson Building being vacant for a full year following the departure of the Courts Service in February 2013 and marginally lower occupancy levels in member offices. The net surplus, which accounts for the largest proportion of the consolidated surplus, is used to fund loan repayments after allowing for necessary building capital refurbishment. ■ Surpluses are generally budgeted in the Bar Council and Law Library Services Ltd in order to fund capital expenditure requirements. In 2013/14, ¤0.4m was invested in capital expenditure. The Finance Committee has worked vary hard to reduce costs to members over the last number of years. Members have benefited with reductions of up to 18% since 2011. The Finance Committee continues to strive to provide value; however, it is important that member service requirements are not negatively impacted where possible and it is clear, supported by responses from the recent survey, that service investments are required, which may influence the budget for 2015/16. There is no doubt that the costs will increase to all legal practitioners following the enactment of the Legal Services Regulation Bill. The Finance Committee is acutely aware of this and the Bar Council continues to make representations in this regard.
Bar Council Group consolidated income and expenditure summary The financial statements for the four related entities will be available to all members at the Annual General Meeting. A summary of the key points relating to the Bar Council and subsidiary entities consolidated income and expenditure are as follows:
Sara Moorhead SC Treasurer
PAGE 41
THE BAR COUNCIL STAFF LIST THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
PAGE 42
FINANCIAL ACCOUNTS 2014
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
CONTENTS TRUSTEES & OTHER INFORMATION
44
AUDITOR’S REPORT
45
INCOME & EXPENDITURE ACCOUNT
46
BALANCE SHEET
47
SCHEDULES OF ACCOUNTS
48
NOTES TO THE ACCOUNTS
50
Trustees
Bankers
Conor J Maguire SC, Denis McCullough SC, Turlough O'Donnell SC
Bank of Ireland, Law Library Financial Services, Four Courts, Dublin 7.
Chairman David Barniville SC
Auditors Vice Chairman Colm Ó hOisín, SC
HLB Ryan, Chartered Accountants and Registered Auditors, Harmony Court, Harmony Row, Dublin 2.
Honorary Treasurer & Chairman, Finance Committee Sara Moorhead SC
Honorary Secretary & Chairman, Professional Services Committee Yvonne Mullen BL
Solicitors John O'Connor, 8 Clare Street, Dublin 2. McKenna Durkan Solicitors, 66 Lower Leeson Street, Dublin 2.
Chairman, Library Committee Roderick Maguire BL
Chairman, Professional Practices Committee Patrick McGrath SC
Chairman, External Relations Committee Paul McGarry SC
Chairman, Internal Relations Committee Mary Rose Gearty SC
Director Ciara Murphy
PAGE 44
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
AUDITOR’S REPORT TO THE MEMBERS OF THE BAR OF IRELAND
In our opinion the Balance Sheet and the Income & Expenditure Account give a true and fair view of the state of affairs of The Council of The Bar of Ireland affairs as at 30th September 2014 and of the results for the year then ended. In our opinion proper books of account have been kept by the Council and the accounts are in agreement therewith. We obtained all the information and explanations we considered necessary.
HLB RYAN CHARTED ACCOUNTANTS & REGISTERED AUDITORS Date: 18th December, 2014
PAGE 45
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
INCOME & EXPENDITURE ACCOUNT YEAR ENDED 30TH SEPTEMBER 2014
2014
2013
造
造
INCOME Entrance Fees
201,000
225,000
Junior Subscriptions
6,083,984
6,023,673
Senior Subscriptions
2,129,751
2,252,505
72,040
82,584
External/LOA Subscriptions Application Fees
5,000
3,450
8,491,775
8,587,212
Direct Member Services
4,431,449
4,429,443
Premises Expenses
1,643,286
1,646,192
Administration Expenses
1,683,871
1,397,515
7,758,606
7,473,150
EXPENDITURE
Net Surplus to Capital A/C
PAGE 46
733, 169
1,114,062
8,491,775
8,587,212
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
BALANCE SHEET YEAR ENDED 30TH SEPTEMBER 2014
2014
2013
造
造
3,109,683
3,109,683
FIXED ASSETS Leasehold Premises at Cost Additions
42,776
Less: Depreciation on Leasehold Improvement
(745,278)
(745,278)
Furniture & Fittings
3,218,213
3,218,213
Additions
48,853
Less: Depreciation On Furniture & Fittings
(3,199,533)
(3,045,480)
2,474,714
2,537,138
109,695
174,903
5,988,507
4,811,356
314,647
275,662
83,491
386,446
6,496,340
5,648,367
CURRENT ASSETS Subscriptions in Arrears Amounts due from Related Entities Sundry Debtors Cash at Bank & On Hand
2
LESS CURRENT LIABILITIES Subscriptions Paid In Advance Creditors & Accruals Taxation Creditors
TOTAL NET ASSETS
398,239
461,531
2,253,461
2,149,824
147,504
135,469
2,799,204
2,746,823
6,171,850
5,438,682
FINANCED BY: Capital Account
3
Long-Term Loan
Signed:
8,741,374
8,008,206
(2,569,524)
(2,569,524)
6,171,850
5,438,682
Signed: David Barniville SC
Sara Moorhead SC
Date: 18/12/14
Date: 18/12/14
PAGE 47
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
SCHEDULES OF ACCOUNTS YEAR ENDED 30TH SEPTEMBER 2014
SCHEDULE 1
2014
2013
¤
¤
DIRECT MEMBER SERVICES Library Services Employment Costs
2014
2013
¤
¤
Distillery Usage Fee & Service Charge
412,000
412,000
Criminal Courts of Justice Charge
566,329
555,165
SCHEDULE 2
PREMISES EXPENSES 1,996,678
2,021,913
18,424
6,505
446,853
426,001
31,809
39,019
Legal Databases
172,505
189,633
Light & Heat
Law Reports & Pink Sheets
200,000
200,000
Security
Staff Training Books Book Binding/Storage
Library Research & Development Continuing Professional Development JILL System Legal Diary/Other Publications Document Exchange
1,203
9,473
204,443
182,349
15,683
14,580
7,162
(47)
672,438
674,511
Courier Services
28,044
28,044
Printing & Stationery
20,588
16,669
1,889
1,388
26,864
29,225
2,279
1,068
Bar Group Life Assurance
463,771
463,771
Subvention to King’s Inns
89,447
94,500
Subventions to Clubs/Societies
25,618
25,413
Law Care – Pastoral Care Service
5,750
5,428
4,431,449
4,429,443
Telephone Computer Expenses Miscellaneous Services
Cork Lease & Office Cost Rates
51,598
52,364
137,796
136,226
46,920
48,027
124,992
125,001
Repairs & Maintenance
65,101
69,731
Cleaning & Laundry
61,769
63,405
Removals, Storage & Shredding
17,568
16,975
5,160
4,840
154,053
162,458
1,643,286
1,646,192k
Property Insurance Depreciation
PAGE 48
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
SCHEDULES OF ACCOUNTS YEAR ENDED 30TH SEPTEMBER 2014
SCHEDULE 3
2014
2013
造
造
ADMINISTRATION EXPENSES Employment Costs
906,521
Recruitment Costs
41,670
Staff Training
12,190
HR Training Other Staffing Costs
871,225 3,871
2,108
719
29,242
29,906
Arbitration/Mediation Conferences
12,884
13,124
Bar Council Conferences
47,375
44,563
Bar Council Functions
45,756
31,541
Bar Council Expenses
115,897
112,694
Professional Conduct Tribunal & PCTAB
137,820
142,268
Legal Services Bill Expenses
124,811
103,394
Press & Public Relations
7,810
8,828
Telephone
4,131
5,128
Postage & Courier
18,572
20,872
Printing, Stationery & Advertising
26,572
29,824
Professional Subscriptions
29,661
25,801
7,380
7,650
Audit Fees Legal & Other Consultancy
23,417
3,198
General Insurances
63,365
65,808
Bank Charges
14,571
17,993
Provision for Bad Debts
(4,271)
(160,982)
Miscellaneous
PAGE 49
16,389
20,090
1,683,871
1,397,515
FINANCIAL ACCOUNTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015
NOTES TO THE ACCOUNTS YEAR ENDED 30TH SEPTEMBER 2014 1. STOCK OF BOOKS
3. CAPITAL ACCOUNT
It is the policy of the Council of the Bar of Ireland to write off the cost of books against income in the year in which they are purchased, thereby
2014
2013
leaving a nil value for the stock of books held on the balance sheet. The
¤
¤
actual stock of books was valued in December 1979 at ¤177,763. Additions at cost less sale proceeds since December 1979 amounted to
Opening Balance
8,008,205
6,894,143
¤7,794,351, making a total value (valuation plus net additions) at 30th
Add Net Surplus
733,169
1,114,062
8,741,374
8,008,205
September 2014 of ¤7,972,114 excluding any books lost or damaged.
2. CASH AT BANK
Cash On Hand B.O.I. No.1 Account B.O.I. Sterling Account VISA Account
2014
2013
¤
¤
118
265
90,129
400,423
(325)
(7,523)
(6,431)
(6,719)
83,491
386,446
PAGE 50
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