IMPLEMENTING THE STRATEGIC PLAN REPORT TO THE MEMBERS – JANUARY-MARCH 2016
DIRECTOR’S REPORT FIVE STRATEGIC OBJECTIVES
Following on from a very busy first quarter (October – December 2015), this second quarter report provides a summary of initiatives undertaken in the period from January to March 2016. Despite this quarter occurring during a relatively short term, a number of significant developments have taken place. A new Director of Regulation, Brian O’Driscoll, joined us in January. Brian has already made great progress in enhancing the advisory service available to members on professional practice-related matters, which are overseen by the Professional Practice Committee, chaired by Patrick McGrath SC. On the communications front, the revamp and relaunch of our flagship publication, The Bar Review, took place in February, overseen by the Editor, Eilis Brennan BL, and the Editorial Board. Feedback from members has been extremely positive and is a reflection of the high regard in which it is held. For the first time, an event to celebrate International Women’s Day with a focus on celebrating women in law was hosted by the working group that is developing initiatives to support women at the Bar. The event was a huge success, selling out within two days, and will now become part of our annual calendar of events.
Council of The Bar of Ireland has identified five key strategic objectives within which our activities will be prioritised over the next three years:
1. Library Services To provide a library and information service to facilitate total, full-spectrum provision of relevant legal information and knowledge for members of the Law Library in the most readily accessible and user-friendly manner, to enable them to deliver their professional services and expertise to clients.
2. Membership Engagement and Benefits To ensure that members can work efficiently and effectively, and derive clear benefit from our investment in infrastructure, facilities and services.
Another significant development was the agreement reached between Library Services and Justis Publishing to combine the JILL archive (the database of unreported Irish judgments developed by Library Services since 1981) with its own product, Justis Irish Cases (JIC), thereby offering a single, comprehensive database of unreported Irish judgments. Finally, the last quarter saw the retirement of a number of long-serving and dedicated staff. They will be greatly missed. This report sets out further detail on the vast range of work undertaken by Council of The Bar of Ireland, its committees and the executive staff over the last quarter, and I urge all members to read its content as it provides an excellent insight into the enormous amount of work undertaken on your behalf.
3. Promotion, Policy and Public Affairs To proactively represent and promote members of The Bar of Ireland to a wide stakeholder network, including the general public, Government, business community, voluntary sector and media, as independent and professional advocates ensuring access to justice and upholding the rule of law, and to ensure the independent Bar’s reputation as an expert voice on legal matters through the production of policy papers and events on a range of relevant topics.
4. Education and Training To ensure that members are aware of the importance, objective and requirement for obtaining continuing professional development throughout their career, to provide access for members to a wide range of informative training and education events and resources, and to promote the profession to those who are considering embarking on a career as a practising barrister.
5. Regulation
Ciara Murphy Director April 2016
PAGE 2 | THE BAR OF IRELAND
To enhance and advance regulation of barristers for the benefit of the public, and to ensure compliance with the Code of Conduct of The Bar of Ireland in the context of the principles of better regulation for the benefit of all.
JANUARY–MARCH 2016 JANUARY-MARCH 2016 SPOTLIGHT ON… ENHANCED PROFESSIONAL PRACTICE ADVISORY SERVICE FOR MEMBERS One of the key strategic objectives of Council of The Bar of Ireland is in the area of regulation: to enhance and advance regulation of barristers for the benefit of the public, and ensure compliance with the Code of Conduct of The Bar of Ireland in the context of the principles of better regulation for the benefit of all. In the context of improving services and support for members in their day-to-day professional practice, while at the same time having regard to the evolving landscape arising from the enactment of the Legal Services Regulation Act, 2015, Council recognised the importance of ensuring that members of the Law Library are supported and can continue to deliver the highest standard of professional services as members of the independent referral Bar in Ireland. With this in mind, a new Director of Regulation, Brian O’Driscoll, was recruited and took up his position in January 2016. His role, in conjunction with the Professional Practices Committee, is to: n put in place an advisory service for members; n put in place processes and procedures to ensure members' compliance with regulatory requirements and enforcement as necessary; n promote and communicate regulatory requirements to members and other stakeholders; and, n enforce better regulation to ensure the highest standards of professional practice and to protect the public interest. While members are at all times responsible personally for their own professional conduct, ethics and decisions, this enhanced advisory service aims to guide and assist members on difficult situations that present from time to time in respect of their professional obligations and ethics. Over the last quarter, a total of 52 enquiries were received and responded to through the advisory service.
“I now realise that the PPC is available for guidance and not just disciplinary complaints.”
“It was very reassuring to know that my enquiry was treated in the strictest confidence.”
“I really valued the support of the formal feedback from my peers when I found myself having to deal with a very vulnerable individual in a hostile situation.”
Feedback from users of this enhanced service has confirmed its value to members of the Law Library. In addition to the advisory service, the Professional Practice Committee, supported by the Director of Regulation, has developed and published a suite of professional practice guidance and information that is now available on the members' section of the website – https://www.lawlibrary.ie/secure/professional-practice-guidance-an d-information.aspx. This suite of frequently asked queries that come before the Professional Practice Committee will be added to over time, and will become a valuable source of information for members.
“The speed of the response to my urgent enquiry was most impressive.”
THE BAR OF IRELAND | PAGE 3
DIRECTOR’S REPORT
MEMBERSHIP OF THE LAW LIBRARY Rate of members leaving is declining… Members leaving the Law Library – five-year trend.
At March 31, 2016, the total number of members of the Law Library was 2,214, 20 members fewer than at the end of December 2015, and 18 fewer than at March 31, 2015.
135
A total of 57 members left in the first half of this legal year compared to 70 in the first half of 2014/15, a fall of 19%. It is encouraging to note that the number leaving is in decline. A total of nine former members have been re-admitted to membership of the Law Library since the commencement of this legal year.
150
152
141
107
The breakdown of reasons for members leaving the Law Library is set out in the graph below.
57* 2015/16
2014/15
2013/14
2012/13
2011/12
2010/11
*@ March 31, 2016
Members' reasons for leaving the Law Library.
4 11
2 4
1 8
Excluded PII/ arrears/other 4 9
Retired/left Judge
3 1
57
Deceased 69
99
104
90 2 6 42
46
51
47
37
38 7
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
2015/2016* *@ March 31, 2016
PAGE 4 | THE BAR OF IRELAND
JANUARY-MARCH 2016
Over the last five years, the number of members availing of leave of absence has increased from an average of 57 (2.6% of total membership) in 2011 to a high of 112 (5% of total membership) in May 2015. The number of members on leave has moderated to 95 (4.3%) as of the end of March 2016. Of those 95 members, 24 (25%) are on maternity, paternity, adoptive and illness leave.
Breakdown of members on leave.
Members on leave: March 2016 = 95
19%
IN MEMBERS
Rate of members availing of leave of absence has moderated…
FALL LEAVING ½ LEGAL YEAR COMPARED
Leave of absence Maternity, paternity, adoptive and illness
TO
IN FIRST OF THIS
2014/2015 THE BAR OF IRELAND | PAGE 5
DIRECTOR’S REPORT
1. LIBRARY SERVICES KEY STATISTICS ENQUIRY DESKS
5
WORKING DAYS
50
USER VISITS TO A LIBRARY DESK
Chairman, Council of The Bar of Ireland, David Barniville SC, shows the 'Bullets, Books & Barricades' Exhibition to Chief Justice Susan Denham.
Bullets, Books and Barricades: 1916 Centenary Exhibition The centenary of the 1916 Rising provided an opportunity for the Library to create a public exhibition on the part played by the Bar and the Four Courts during the events of Easter Week. The exhibition, displayed across 21 panels in the Round Hall, presents photographic and documentary information on the people and places involved in the Rising, including family members of the current Bar. The result of almost a year’s work, 'Bullets, Books and Barricades' was opened by Chief Justice Susan Denham on March 10 and will run in the Four Courts until May 20 before moving to Distillery Building. For those unable to visit the exhibition in the Four Courts, the full text and images are also available via The Bar of Ireland website at www.lawlibrary.ie/About-Us/1916-Centenary.aspx.
The Bar Review online The Library has completed a digitisation project whereby all issues of The Bar Review, going back to the first issue in June 1996, are now accessible in digital format. The complete collection, up to the latest issue, has been published on The Bar of Ireland website at https://www.lawlibrary.ie/News/bar-review.aspx. Issues are available as both PDF download and an interactive browseable format. The full archive is also available in PDF format on Barrister’s Desktop.
JILL database of unreported judgments Justis Publishing has hosted our database of unreported judgments, known as JILL, since February 2005. The availability and supply of unreported judgments has developed significantly in the last 10 years. While JILL remained the most comprehensive collection in digital format, keeping the content up to date posed challenges.
PAGE 6 | THE BAR OF IRELAND
6,784
QUERIES AT A LIBRARY DESK
10,151
ITEMS ISSUED
22,057
DESK TRANSACTIONS
48,501
ITEMS CATALOGUED
720
OVERDUE FINE LETTERS ISSUED
950
Following intense negotiations, an agreement was reached with Justis Publishing to combine the JILL archive with its own product, Justis Irish Cases (JIC), formerly FirstLaw, and thereby offer a single, comprehensive database of unreported Irish judgments. The new product will remain part of the core package of databases available to Law Library members. Profits from the exploitation of the content will be shared between Justis and The Bar of Ireland. Users will benefit from a faster turnaround time between the publication of new judgments and their availability, searchable and summarised, on Justis. Work on implementing the merger has begun and will continue through the next term.
Unreported judgments – keeping them current To further streamline the intake of new judgments from the Courts Service, for 2016 cases onwards, the Library has switched to an all-digital process. Signed PDFs of judgments as they arrive are made available on the New Judgments page on Barrister’s Desktop, prior to transfer to Justis for indexing.
KEY STATISTICS TRAINING EVENTS HOURS OF TRAINING MEMBERS TRAINED
6 16.5 32
JANUARY-MARCH 2016
Library accesses.
16,000 14,000
October - December 2015
12,000
January - March 2016
10,000 8,000 6,000 4,000 2,000 0 ICC
Kluwer Arbitration
JSTOR
Better Regulation
TaxFind
Irish Times
Murdoch’s
JustCite
eLibrary (catalogue)
Westlaw UK
GCC
LexisNexis
Employment Appeals
Bloomsbury
Justis
Westlaw IE
Library
Library management software review
KEY STATISTICS INTER-LIBRARY LOANS ARRANGED BARRISTER’S DESKTOP VISITS
31 42,523
ONLINE CATALOGUE VISITS
1,143
DIGITAL COLLECTION VISITS
48,255
An analysis of library management systems currently on the market was undertaken and a shortlist drawn up. Representatives of two alternative system vendors were invited to present their product and offer a quote for migration. Having evaluated the options, taking on board system functionality and total cost of ownership, a decision was taken to remain with the Library’s current provider for a further three years and review the market again in 2018-19.
Ensuring high quality staff with a range of competencies and skills The roles within the current organisational structure of the Library Service have been realigned to meet the needs of our constantly developing information and library service. A sub-librarian for member services delivery was appointed, and vacancies resulting from staff retirements and resignations were filled.
WE ARE DELIGHTED TO WELCOME NEW STAFF TO THE LIBRARY
Anna Rowland
Darragh Begley
David O’Brien
Dermot Canning
Ruth Fay
THE BAR OF IRELAND | PAGE 7
DIRECTOR’S REPORT
100 AT DISCOVERY CONFERENCE
NEW ONLINE LISTING OF JUNIOR COUNSEL AVAILABLE FOR
200 LISTED
Young Bar promotes availability to undertake discovery The Young Bar Committee (YBC), chaired by Claire Hogan BL, hosted a very successful Discovery Conference in January 2016, which saw an attendance of over 100 members, as well as litigation solicitors, and provided an excellent opportunity to showcase the expertise of the Bar in discovery work. A new facility listing junior counsel available to undertake discovery work and/or title review on behalf of clients is now available on our website. The promotion of this new listing among potential clients, including solicitors, will be undertaken in the coming weeks. To date, 200 junior counsel have expressed their willingness to be listed on the new searchable facility.
Members' guidance on District Court criminal work published The YBC also joined forces with the Criminal & State Bar Committee to address some of the challenges facing the Young Bar in District Court criminal work and getting paid for their professional services. This initiative resulted in the publication of guidance for members on the position of barristers who undertake work in the District Court, which has been welcomed by those who undertake such work.
Voluntary Assistance Scheme – appointment of Libby Charlton BL With the retirement of Diane Duggan BL as Co-ordinator for the Voluntary Assistance Scheme, Libby Charlton BL was appointed as the new co-ordinator following a competitive interview process. A redesigned VAS brochure has been produced to update the information on the scheme, and to better publicise and communicate the activities of the VAS. The redesign has also been integrated with the VAS section of the website. There is remarkable dedication among the profession to the work of the VAS, and it is our intention to avail of further opportunities to publicise its work and the services available to relevant sectors.
PAGE 8 | THE BAR OF IRELAND
DISCOVERY WORK
AON agrees five-year deal to provide insurance services to members A significant achievement in the provision of membership benefits is that Law Library Finance Ltd has entered a new five-year insurance services agreement with AON on improved commercial terms. As part of this improved agreement, AON will provide two on-site full-time relationship managers in the Four Courts and Distillery Building. The agreement with AON provides preferential insurance packages for members, including, for example, discounted group level rates for an individual income protection scheme with Friends First. In addition, AON has committed to the provision of ¤25k in annual sponsorship of activities over the next five years. This is in addition to AON sponsoring the Advanced Advocacy Course, and agreeing to provide support to future conferences.
MEMBERSHIP BENEFITS
YOUNG BAR
2. MEMBERSHIP ENGAGEMENT AND BENEFITS
5
YEAR DEAL
INSURANCE SERVICES
€25K
WITH
ANNUAL SPONSORSHIP
JANUARY-MARCH 2016
11 EDITIONS 38 2,260 48% 27% ACTIVE SUBS
OPENING CLICK RATES RATE
Our communication platforms for internal communications continue to gain popularity among members In Brief The popularity of In Brief as the primary channel of weekly communication with members continues to increase, with a 4% increase in ‘open’ rates, up from 44% to 48%.
Top ten most read articles: 1. 2. 3. 4. 5. 6. 7. 8 9. 10.
Job Opportunity for Qualified Barristers Rest in Peace Amy O'Donoghue BL Discovery and the Junior Bar Conference – January 29, 2016 Stephen McCann BL RIP – Family Gathering Bar Council Collections Office Recoups Almost Half Million Euro in Fees for Members in its First Year Innocence Project Launch Rest in Peace Patrick Connolly SC Discovery Project Opportunity NOTICE Practice Direction – Court 5, CCJ Lecterns for Use in Court Now Available
www.lawlibrary.ie Some 38.2% of total traffic to the lawlibrary.ie homepage progressed further into the site, representing 58k visits. A total of 15% of this traffic was through to 'Barrister’s Search', and 13.2% progressed through to the members' section. These represent the two most visited sections from traffic through the homepage. Some 38% of overall traffic to the website, entering from more than 100 pages other than the homepage, all progressed to the members' section. This highlights that the members' section is a critical part of the website for traffic, showing the engagement from members since this section was launched in October 2015.
WEBSITE
INBRIEF
3. PROMOTION, POLICY AND PUBLIC AFFAIRS
% OF TRAFFIC WENT TO
MEMBERS’ SECTION 58,000 VISITS PROGRESSED FURTHER INTO WEBSITE
Top ten sections visited: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Homepage Members' Search Members' Area Contact Us About Us Qualifying as a Barrister News and Events Job Vacancies Transition Year Programme Who We Are
256,990 28,583 7,288 5,340 2,981 2,689 2,309 2,204 1,549 1,358
Top ten sections visited in members’ section: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Members' Area Members' Email Member Services Job Vacancies Young Bar Hub Member Information In-Brief Archive Conferences and Events Calendar Staff Contacts CPD Upcoming Events
9,751 1,846 844 746 657 465 437 422 319 310
Social media Twitter The Bar of Ireland Twitter account has seen significant growth, with the follower numbers more than doubling in this quarter. We have maintained the growth of three new followers per day, and have seen an increase in interactions, with four retweets per day on average, an increase of one tweet per day. Our profile visits have increased by 4,321 and our tweet impressions have increased by 84.5k for this quarter.
THE BAR OF IRELAND | PAGE 9
DIRECTOR’S REPORT
TWITTER STATISTICS
284
91
NEW FOLLOWERS
TWEETS
AVERAGE
4 RETWEETS PER DAY
YOUTUBE STATISTICS
3
5, 592
1,175
537%
NEW FOLLOWERS PER DAY
PROFILE VIEWS
VIEWS OF THE BAR OF IRELAND TRANSITION YEAR PROGRAMME VIDEO
INCREASE IN PROFILE VIEWS SINCE OCTOBERDECEMBER 2015
Engaging in public relations and media activities to raise the profile of The Bar of Ireland gathering pace
Press releases issued January – March 2016 January 21, 2016: Five barristers to be sponsored to work on Innocence Project cases in the USA February 22, 2016: Students 'Hold Court' at The Bar of Ireland Transition Year Programme March 7, 2016: Statement by Council of The Bar of Ireland on the death of the Honorable Mr Justice Adrian Hardiman March 11, 2016: 'Bullets, Books & Barricades’, a joint exhibition by The Courts Centenary Commemoration Committee and The Bar of Ireland, has been launched in the Four Courts commemorating the story and legacy of the Four Courts Garrison and the role of relatives of members of the Bar in the 1916 Rising.
Ireland’s 2016 Innocence Scholarships launched – January 21, 2016
Producing policy papers and making submissions on a range of relevant issues to represent the profession
Since 2010, The Bar of Ireland has sponsored junior members to work on Innocence Project cases in the USA and to assist them in overturning wrongful convictions. This year five barristers will receive sponsorship. Innocence work is dedicated to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent future injustice. The Wisconsin Innocence Project was involved in the case of Steve Avery, whose story was detailed in the Netflix documentary Making a Murderer. Colleen Rohan was invited to launch this year’s scholarships. Ms Rohan has been practising law for over 30 years and specialised in serious felony and death penalty cases in her domestic practice in the United States. Significant media coverage of this event was achieved.
A Research & Policy Development Working Group, chaired by Conor Dignam SC, was established in late 2015, and the following key areas for research and policy development were identified as priority areas for research and analysis: n access to justice – a key public interest concern of the Bar; n legal aid schemes – shortcomings and proposed areas for improvement; n the profession – contribution to the economy; n pro bono at the Bar; n diversity at the Bar – a focus on recent trends – focus on women at the Bar; n professional fees – factual overview of the trend; and, n reform of the Courts System – a focus on court waiting times.
YouTube Since being posted in November 2015, The Bar of Ireland Transition Year Programme video has been viewed 1,175 times, overwhelmingly the most viewed video on our YouTube channel. LinkedIn The Bar of Ireland LinkedIn page is updated in the same manner as Twitter and the website to ensure consistency across social media platforms, and has seen marked growth this quarter.
Media The media coverage report from January to March 2016 saw 30 proactive pieces of coverage for The Bar of Ireland, including three national stories. The coverage was featured on all media sources. Many of the 30 features were on national news outlets, including The Irish Times, the Irish Independent, Newstalk, Today FM and RTÉ. The estimated total audience reach from the January – March 2016 report is 1.7 million.
PAGE 10 | THE BAR OF IRELAND
Women at the Bar A working group to support women at the Bar was established in late 2015. Its remit was to generate discussion around the issues and challenges facing women in progressing within the legal profession, to understand the reasons why female practitioners leave the Bar, and to identify possible solutions and initiatives to better support the female membership.
JANUARY-MARCH 2016
LINKEDIN STATISTICS
2,481 FOLLOWERS
726 272 CLICKS ON CONTENT POSTED
CONTENT INTERACTIONS
REACH
48,930 IMPRESSIONS
MEDIA STATISTICS
276
1
10
7
12
PAGE VISITS – INCREASE OF
TV FEATURE
PRESS FEATURES
RADIO FEATURES
ONLINE FEATURES
36 n An online survey was undertaken in February 2016 of the female membership seeking female barristers’ views and experiences on life at the Bar. The survey attracted a 56% response rate. n Four key areas of concern were identified by female practitioners: (i) access to work; (ii) childcare, family responsibilities and maternity leave; (iii) working environment and culture; and, (iv) stability and structure. n Preliminary results from the survey were presented at a dinner hosted by The Bar of Ireland on March 9, 2016, at the Honorable Society of King’s Inns in celebration of International Women’s Day. n An article detailing the full results of the survey was published in the April edition of The Bar Review (Volume 21, Number 2). n The working group is currently reviewing the findings of the survey and work is underway to make recommendations to Council of The Bar of Ireland for consideration under three main headings: (i) creating awareness; (ii) education and training; and, (iii) policy and research.
Insurance premiums and legal costs A sub-committee of the Policy and Research Working Group was convened in March to discuss the communications emanating from the insurance industry attributing the increase in insurance premiums to legal costs, which they claim are too high and which account for more than 60% of the compensation awarded in litigated cases. The industry has failed to support their allegations, however, with any reliable figures and statistics. For example, the Injuries Board has highlighted that there is a ¤1 billion difference between the premium income of Irish insurers and published awards. The sub-committee continues to monitor and review the situation, and is working towards the preparation and release of evidence-based research.
to engage in an orderly wind down of the FEMPI legislation, which was also applied to barristers' professional fees. A number of meetings have taken place with representatives of the DPP and these engagements will continue over the coming weeks and months.
Supporting the Specialist Bar Associations Closer liaison with the Specialist Bar Associations is a key aim of the Strategic Plan, to work together to better support goals and activities shared by the Specialist Bar Associations and Council of The Bar of Ireland. The Specialist Bar Associations are important drivers of knowledge and policy. Their knowledge and expertise is integral to policy development and to the promotion of The Bar of Ireland as an expert voice on legal matters. A new Policy & Research Assistant, Aedamair Gallagher, was appointed in February 2016, and will act as the main point of contact with the Specialist Bar Associations. It is hoped that this new resource will facilitate joined-up thinking on common concerns and issues, and help to maintain a cohesive voice on all matters affecting the profession, legal practice, and the public interest. Introductory meetings were held in February and March with the following associations: n Construction Bar Association; n Employment Bar Association; n Professional, Regulatory and Disciplinary Bar Association; and, n Irish Criminal Bar Association. On foot of these meetings, three main areas have been identified where support and collaboration can take place: (i) secretariat support; (ii) event management; and, (iii) policy development.
Submission to the DPP In February 2016, the Criminal & State Bar Committee made a submission to the Office of the Director of Public Prosecutions (DPP) to open discussion on the challenges and shortcomings with certain aspects of the DPP Scheme, as well as the intention of the Government
Aedamair Gallagher, Policy & Research Assistant.
THE BAR OF IRELAND | PAGE 11
DIRECTOR’S REPORT
4. EDUCATION AND TRAINING
15
EVENTS 100 STUDENTS
CPD
TRANSITION YEAR PROGRAMME
CPD events continue to attract large numbers…
Improving and facilitating access to CPD…
The first three months of 2016 have been really busy, with the Green Street Courthouse Lecture Series, the Transition Year Programme and continuing professional development (CPD) seminars. During the period January – March 2016, a total of 17 events took place.
Following feedback from members, a number of changes have been made to the CPD calendar to help practitioners plan ahead to attend seminars and fulfil their CPD commitments. CPD events will be scheduled for the second and fourth Mondays of every month, and the second Tuesday of each month will be the New Practitioners Programme lecture. As soon as a date is set for a CPD seminar, it is highlighted in the CPD calendar in the members’ section of the website.
Event type CPD events New Practitioners Programme Total
Number 15 2 17
A total of 15 CPD events took place, as well as other series of seminars and talks organised separately. CPD seminars covered areas of practice including capacity law, the vulnerable witness, the Legal Services Regulation Act (LSRA), and the use of technology in practice. The talks on the LSRA were very popular, with standing room only, and were also delivered in both Cork and Mayo.
Green Street lectures The Green Street Courthouse Lecture Series was launched in February. To date, it has been a resounding success with up to 100 attending each lecture. Poignantly, the inaugural lecture in the series was delivered by the late Mr Justice Adrian Hardiman on ‘The trial of Robert Emmet’, only a few weeks before his untimely death. The next lecture was given by Paddy Gageby SC on ‘The trials of the 1790s’. Paul Gallagher SC spoke on ‘Daniel O’Connell and his life as a barrister’, and Mr Justice Gerard Hogan on ‘1916 and the legitimacy of the Rising’. The final two lectures in this first phase of the Series were deferred to dates in April and May as a mark of respect for Mr Justice Hardiman.
Advanced Advocacy Programme A three-hour lecture took place on vulnerable witnesses in January. During the first quarter of 2016 plans were put in place for the next Advanced Advocacy course, which is targeted at years two to seven. Another course is planned for the autumn for more experienced members of the Bar.
PAGE 12 | THE BAR OF IRELAND
Lindsay Bond O’Neill has been appointed as Education & Training Co-ordinator. TY Programme 2016… The Bar of Ireland welcomed 100 Transition Year students from all over the country in the first week of February to participate in our five-day, access all areas Transition Year Programme. Participants are selected by means of a lottery, with 20% of places reserved for DEIS schools, so this year we were delighted that students from 28 DEIS schools participated. Participants enjoyed a packed schedule for the week, including shadowing barristers, a talk from a judge and a Garda, a tour of the Four Courts and King’s Inns, a talk from a legal affairs journalist, and a morning of mock trials held in Green Street Courthouse. The week culminated in the presentation of certificates of completion by Chief Justice Susan Denham, which was a fantastic honour for all concerned. Feedback from the students has been excellent. We are very grateful to all of our volunteer barristers, judges, Gardaí, journalists, and Library and King’s Inns staff, who gave so willingly of their time during the week. We were delighted to welcome RTÉ to Green Street to film the mock trials and subsequently broadcast a taster of life as a barrister and The Bar of Ireland TY Programme to thousands of viewers all across Ireland on their News2Day programme.
JANUARY-MARCH 2016
5. REGULATION
52 ENQUIRIES MEETINGS
4
PROFESSIONAL PRACTICE COMMITTEE
88% COMPLIANCE RATES INCREASED CPD CARDS SUBMITTED
A summary of the enhanced professional practice advisory service is set out earlier in this report. Since January 2016, a secure and encrypted ICT system to process and archive the enquiries received by the Professional Practice Committee (PPC) from members regarding conduct, ethics and decisions has been put in place: n the PPC responded to 52 routine enquiries during its four meetings; n using virtual online meetings, the PPC responded immediately to eight urgent enquiries between meetings; and, n the PPC can now be contacted online at ppc@lawlibrary.ie and/or via DX: 816737. In addition, the PPC has now put in place a Rulings and Decisions Index, which can be referenced in preparing and responding with guidance for members. The circumstance of every enquiry is unique and the need to ensure confidentiality is paramount. It has been possible, however, to compile an anonymised database of general guidance that is now available for members to access at https://www.lawlibrary.ie/secure/professional-practice-guidance-an d-information.aspx. The database includes guidance on 25 different aspects of professional practice, including guidance relating to
instructions from new solicitors in continuing cases where counsel have been retained through previous solicitors, training of witnesses, and a series of other frequently asked questions.
CPD compliance rate increasing‌ CPD is the system we use to maintain, improve and broaden the knowledge and skill that a barrister needs to perform their professional duties throughout their professional life. The CPD scheme put in place by Council of The Bar of Ireland aims to: n maintain and promote high standards of work within the profession; and, n enable barristers to develop their careers by acquiring new professional skills and areas of practice. Members were required to submit their CPD card for the period 2014/2015 by November 13, 2015. Compliance rates, demonstrated through submission of a completed CPD card, have increased since the last quarter, up from 52% to 88%. A final phase of communications has now been issued to the relatively small number of members who have not yet responded to the invitation to certify their compliance with the CPD scheme.
THE BAR OF IRELAND | PAGE 13
DIRECTOR’S REPORT
A TOTAL OF
RUNNING EFFECTIVE OPERATIONS
36
2
COUNCIL
MEETINGS
COUNCIL & COMMITTEE 10 COMMITTEE
STANDING
MEETINGS
MEETINGS
Governance is an important part of the oversight and operation of the organisation… During the period January – March 2016, a total of 36 Council and Committee meetings took place. In addition, a significant number of sub-committee and working group meetings also took place.
Staff retirements… This quarter saw a significant change in staff, with the retirement of five long-serving members at the end of March. In total, Peter Brien, Vivian McDonnell, Geraldine Mulrennan, James Donegan and Hugh Lyons have almost 107 years of service with Council of The Bar of Ireland. The dedication and loyalty with which each one carried out their duties was acknowledged at a reception on March 22. We wish them all a happy and healthy retirement. The focus for quarter two was to continue the review of the structure and skills required to deliver the objectives of the Strategic Plan. Recruitment to support the work of the Communications, Policy and Education Department took place with the appointment of Policy & Research Assistant Aedamair Gallagher, and Education & Training Co-ordinator Lindsay Bond O’Neill.
In Library & Information Services, the key role of Assistant Librarian (Information & Access Services) was filled by the promotion of Susan Downes. The recruitment of replacement library assistants commenced in December and 140 applications had been received by the closing date in January. One full-time and two part-time posts were filled by the end of March. The review of the overall staff structure in the context of the strategic objectives is ongoing.
Maximising utilisation of our property… The Property Working Group, established to consider the best use of vacant spaces, future requirements of the members, management of our property portfolio, and the creation of a property strategy, has prioritised three initiatives for completion before the commencement of the 2016/17 legal year: 1. Relocation of certain Library staff to the vacant office space in the Four Courts, which will ensure the closer proximity of Library staff to the service – this has now taken place.
Overview of staff numbers. Headcount at April 1, 2016
Full-time
Part-time
Total
Full-time equivalent (FTE)
Number of members per staff FTE
Library Service
19
8
27
24.31
91.07
Administration
27
8
35
32.24
68.67
Total
46
16
62
56.55
39.15
PAGE 14 | THE BAR OF IRELAND
JANUARY-MARCH 2016
MEETINGS PERMANENT COMMITTEES PROFESSIONAL SERVICES COMMITTEE – TWO PROFESSIONAL PRACTICES COMMITTEE – FOUR EXTERNAL RELATIONS COMMITTEE – TWO
€318K
JANUARY TO MARCH 2016
NET SURPLUS
INTERNAL RELATIONS COMMITTEE – TWO LIBRARY COMMITTEE – TWO
BAR AND RELATED ENTITIES
FINANCE COMMITTEE – TWO
NON-PERMANENT COMMITTEES CRIMINAL & STATE BAR COMMITTEE – THREE HUMAN RIGHTS COMMITTEE – ONE HUMAN RESOURCES COMMITTEE – ONE ADR & ARBITRATION COMMITTEE – TWO CIRCUITS LIAISON COMMITTEE – ONE YOUNG BAR COMMITTEE – TWO
2. Conversion of the upstairs of the Sheds for use as a CPD and event space – planning permission has been submitted and, subject to planning, work will get underway in August/September. 3. Conversion of the vacant space on the ground floor of the Church Street building for use as seating for members – a feasibility study has been completed and is being reviewed.
Review of financial performance… The consolidated net surplus recorded for The Bar of Ireland and related entities is ¤318k for the period January to March 2016 of the 2015/16 legal year, which is 11.3% less than last year, and 11.4% lower than budget. Costs incurred by Law Library Properties Ltd in carrying out the comprehensive legal and property due diligence work associated with refinancing the property debt from KBC Bank to AIB account for the main negative variance between actual and expected surplus. However, the improved financial arrangement negotiated with AIB will result in a lower interest cost, and by the end of the financial year the savings will have more than exceeded the additional one-off due diligence costs. As membership numbers remain stable, with fewer members leaving the Library this year than during the same period last year, subscription income, at ¤2.148m, remains on target. Compliance with year-to-date subscription payments remains on track, exceeding last year's by 4%. Operating expenditure, at ¤3.37m, is 1% higher than budget. The key cost variance is explained above. In addition, Library costs
11.4% LESS THAN BUDGET have increased, having successfully negotiated a new deal with Roundhall, making available the Westlaw legal database to all members. However, over the course of the full year it is expected that Library Service costs will remain within budget.
Positive outcome on debt refinancing… We are pleased to confirm that the refinancing of the Law Library Properties Ltd property debt with AIB concluded on January 29, 2016. There are a number of positive aspects to this new arrangement: 1
The term of the new loan is for a period of seven years. This brings significant stability to the organisation. In 2012, when the company last needed to refinance, KBC Bank would only extend the agreement for a maximum period of three years, and no other bank would quote. 2. The financing costs have reduced significantly following a competitive tender process. In summary, the annual interest costs from 2016/17 onwards will be in the region of ¤575k per annum, a fall of ¤235k (29%) from the amount paid in the last financial year, 2014/15. This will enable the company to reduce debt at a faster rate over the coming years. 3. From the outset of the development of the buildings, it was a requirement of the financiers that Council would act as guarantor. This requirement remained in place from 1997 throughout. We are very pleased to confirm that we have removed the requirement for a guarantee in the new arrangement with AIB.
THE BAR OF IRELAND | PAGE 15
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