INBRIEF
OPENING RATES
A TOTAL OF
93
44 ACTIVE SUBSCRIBERS % AVERAGE
15
Members of the Law Library now have remote access to the Westlaw IE core service.
55 1
COUNCIL & COMMITTEE
MEETINGS
CPD
EVENTS
872
ATTENDEES
IMPLEMENTING THE STRATEGIC PLAN REPORT TO THE MEMBERS – OCTOBER-DECEMBER 2015
Q
€2.2M
SUBSCRIPTION INCOME
RETURNING
VISITORS
IN IRELAND
VIEWS
11 EDITIONS
2,260
SECTION BASED
PAGE VIEWS
WEBSITE 954,374
MEMBERS’
%
72%
OCT TO DEC
35,246
ON
TARGET
DIRECTOR’S REPORT ADDRESSING MEMBERS’ CONCERNS This report sets out a summary of the initiatives undertaken during October-December 2015 in the context of implementing our Strategic Plan, October 2015 – October 2018. It provides a summary of the activities undertaken in order to fulfil our mission: “To provide leadership and representation on behalf of members of the independent Bar of Ireland, ensure the highest standards of ethical and professional conduct within the profession and to deliver valued services for the benefit of members”. To achieve its mission, five key strategic objectives were identified in the Strategic Plan, within which activities would be prioritised and where resources are being invested:
Membership and value
1. Library services. 2. Membership engagement and benefits. 3. Promotion, policy and public affairs. 4. Education and training. 5. Regulation. In addition to the strategic objectives, and in order to ensure delivery of the Plan, the capabilities of the organisation under five headings are being actively reviewed to ensure that we are running effective operations, including: governance; human resources; information and communications technology (ICT); property; and, finance.
6
Library service/ databases
5
Master relatio
11
IT licence
This report, and those that will follow at the end of each quarter, will provide an update on the implementation of our Strategic Plan. These reports will provide a useful reference point for Council of The Bar of Ireland and the general membership to measure progress and ensure the accountability of the executive staff structure.
IT service 10 15
CPD Financial services
4 Ciara Murphy Director January 2016
PAGE 2 | THE BAR OF IRELAND
Fee
Public relations
1
Membership subscriptions and value for money A new Member Services Directory was published in October 2015 setting out in detail the services available for members. It will be reviewed and enhanced annually.
Following a survey of members in April 2015, 15 primary areas of concern were identified where improvements were required. This table sets out a short summary of initiatives undertaken to address those concerns. Further detail on some of these initiatives is contained elsewhere in this report.
2
A new Young Bar Committee, chaired by Claire Hogan BL, was populated following vigorously contested elections. The Committee is now in place, has set out an agenda of issues to address, and has already produced a series of briefing papers to inform discussion.
3
Role of Council A review of the governance of Council of The Bar of Ireland and its committees is underway.
4
1
Support for young members
Public relations Good coverage has been achieved focussing on the role of The Bar in pro bono work, and showcasing the profession as a career.
5
IT licence A review of the IT licence and its structure in terms of invoicing to members is underway.
subscriptions for money
6
Library service/databases Universal access to Westlaw IE is now available to all members regardless of location, following negotiations with Thomson Reuters.
7
7
Professional fees Submissions have been prepared and are being made to a number of State agencies that engage the professional services of the Bar.
12
8
Professional fees
The delivery of information to members has been overhauled through In Brief. A new members' section of the website has been launched so that information is easily available and accessible.
2
r–devil onship
9 13
Support for young members
Support for women
Communications
Fee recovery Uptake of the new LawServ facility is gradually increasing. ¤1.6 million is being pursued on behalf of members and a collection rate of just under 30% has been achieved so far.
10 CPD The number of CPD events and the promotion of such events significantly increased, with a total of 15 in the last term.
11 IT service 8
A review of ICT services has been undertaken, and recommendations on next steps will be made in a report in early 2016.
12 Master–devil relationship A review is underway to make improvements in the master–devil relationship, including the publication of comprehensive written guidelines and proposals for training.
14
Communications
13 Support for women A pilot mentoring programme was launched in January 2016. If this is successful, it is hoped that it will be made available to more members. A new working group has been formed, chaired by Grainne Larkin BL, to consider initiatives that might usefully be undertaken to provide support for women at the Bar.
Cork Law Library facility
14 Cork Law Library facility
9 3
A new temporary member of staff was appointed to oversee the Cork Law Library facility in 2015, and there was very positive feedback.
15 Financial services Information on the financial services available for members is set out in the new Member Services Directory, published in October 2015.
recovery
Role of Council THE BAR OF IRELAND | PAGE 3
DIRECTOR’S REPORT
OVERVIEW OF MEMBERSHIP OF THE LAW LIBRARY Summary of membership The total number of members of the Law Library stood at 2,234 as at December 31, 2015. A total of 96 new members entered the Law Library in October 2015, representing a 9% decrease on the previous year’s intake. The trend of new members entering the Library over the past three years has been of a steady decline, a reduction of 38% since 2012/2013. A total of 40% of new entrants were female, which is in keeping with the general gender distribution across the Law Library as a whole.
Law Library membership December 31, 2015 = 2,234 Senior counsel 15%
While membership has been relatively stable since 2009/2010, nonetheless, a total of 685 members have left the Law Library over the past five years. However, it is encouraging to note that the number leaving has been in decline since 2012, with a reduction of 6% in those leaving the Law Library between 2013/2014 and 2014/2015. The number of members availing of leave of absence remains at an annual average of 4%. There has been a 7% increase in the number of senior counsel since 2010/2011, rising from 305 to 329. However, the number of female senior counsel remains very low at 16%. The number of females entering the Law Library has been steadily increasing, but men still outnumber women.
The gender split of members in terms of years of practice is as follows: Male
Female
Members 0-6 years
57%
43%
Members 6-12 years
58%
42%
Members over 12 years
66%
34%
Junior counsel 85%
Law Library membership female–male ratio
Female 39%
Some 14% of Law Library membership is designated as ‘country members’. Country membership entitles a member to a 50% discount on their total membership subscription. The overwhelming majority of members are Dublin-based practitioners.
Male 61%
PAGE 4 | THE BAR OF IRELAND
OCTOBER-DECEMBER 2015
Law Library new entrants October 2015 = 96
Female
38
Male
58
0
10
20
30
40
50
60
70
Trend of new entrants to the Law Library 2011-2015
200 153 150 141 135 100
105 96
50
0 2011/12
2012/13
2013/14
2014/15
2015/16
THE BAR OF IRELAND | PAGE 5
DIRECTOR’S REPORT
1. LIBRARY SERVICES "To provide a library and information service to facilitate total, full spectrum provision of
KEY STATISTICS
relevant legal information and knowledge for
5 ENQUIRY POINTS
members of the Law Library in the most readily
27 LIBRARY STAFF
accessible and user friendly manner to enable them to deliver on their professional services
7,005 USER VISITS
and expertise to clients."
10,020 QUERIES
The aim of the Library Service is to provide timely access to relevant legal information by delivering to members services, information and expertise through appropriate communications media.
Ensuring an open and supportive experience for users of all library services, both within the physical and the virtual library… In addition to our information points, library services are available on Barrister's Desktop regardless of time or location. It provides: n at-a-glance up-to-the-minute information tailored to the individual user; n a smooth path of access to library subscription resources; and, n new digitised content.
Ensuring optimal opening hours and support… Five information points providing a full range of information services are available to members, including: n Issue Desk in the Four Courts; n New library in the Four Courts; n Legal Research Centre in the Distillery Building (24/7, 365 days a year); n Legal Research Centre in the CCJ; and, n Legal Research Centre in the Cork Bar Library, Washington Street, Cork.
As well as access to 16 legal databases, including Westlaw IE since October 2015, remote access is provided to approximately 80 legal ebooks. Our online catalogue provides a comprehensive index to library holdings. A regular feature on Barrister's Desktop is a legal update that includes legislation, articles and acquisitions received in the library.
Library accesses
10000
8000
6000
4000
2000
0 ICC
Kluwer Arbitration
JSTOR
Better Regulation
TaxFind
Irish Times
PAGE 6 | THE BAR OF IRELAND
Murdoch’s
JustCite
eLibrary (catalogue)
Westlaw UK
GCC
LexisNexis
Employment Appeals
Bloomsbury
Justis
Westlaw IE
Library
Database
Access count
Westlaw IE
8,460
Justis
6,873
Bloomsbury
3,107
Employment Appeals
2,973
LexisNexis
2,219
GCC
1,376
Westlaw UK
1,312
eLibrary (catalogue)
786
JustCite
631
Murdoch’s
386
Irish Times
256
TaxFind
214
Better Regulation
150
JSTOR
104
Kluwer Arbitration
29
ICC
21
Total
28,897
Members of the Law Library now have remote access to the Westlaw IE core service. Engaging with members to ensure that we are delivering services they need with regard to time, place and format… In order to ensure that the library provides services relevant to members, a user survey was carried out in November 2015. There were 279 respondents, of whom 88% were junior counsel and 12% senior counsel. Some 86% were Dublin based and 14% were country members. This response allows for meaningful information to be extracted from the data and the results of the survey will be shared with members following its analysis.
Developing a programme of information and research skills education to support members in their research needs… Eight training events were held in the last term. They consisted of: n one session of one-to-one training; n four training clinics; and, n three events during Library Ireland Week, which took place during the week of November 16, 2015.
KEY STATISTICS 8 TRAINING EVENTS 19 HOURS OF TRAINING
KEY STATISTICS 23,868 ITEMS ISSUED 51,636 DESK TRANSACTIONS 800 ITEMS CATALOGUED 1,320 OVERDUE FINE LETTERS ISSUED Negotiating optimal purchasing agreements with publishers… An agreement with Round Hall Publishing was finalised to allow members of the library remote access to the Westlaw IE core service. The wider agreement with Round Hall on print and other electronic products was also finalised at terms acceptable to both the publishers and Council of The Bar of Ireland.
Reviewing the library management system… The process began to evaluate currently available library management systems. A specification document was prepared and sent out to a number of vendors. Vendors will visit the library in the New Year to showcase their systems. Recommendations will be made regarding selection if appropriate. This is a longer-term project for completion within the life of the current Strategy Plan.
34 MEMBERS TRAINED Co-operating and collaborating with peer libraries in Ireland to maximise resource sharing… Developing and reviewing our collection development and management policies to ensure that the scope of our collections and the allocation of funds are aligned with member needs… The Collection Development Policy is reviewed by the Professional Services Committee every two years, or more frequently if required, and was reviewed and approved by the Professional Services Committee in December 2015. It is available on Barrister's Desktop for members to consult. The Policy sets out the library’s acquisitions, purchasing and donations policy to ensure that the collections, whether print or electronic, meet members’ needs. Over 800 new items have been added to the collection since the beginning of October 2015. Each item is classified and catalogued before going on the shelves. A list of new textbooks acquired by the library is compiled each month and is available on Barrister's Desktop for members to consult.
It is important that libraries co-operate and collaborate to maximise access to information for their users. In today’s information-rich world, it is no longer possible to hold everything to meet all eventualities. The librarian initiated meetings with the librarians from UCD, Maynooth University, DCU, the Office of the Attorney General, the Judges’ Library and the King’s Inns to promote greater understanding and co-operation.
Ensuring high quality staff with a range of competencies and skills… A key goal in the Library Services Annual Plan 2015-2016 is to implement the enhanced library staff organisational structure and to appoint new posts and replace existing posts as required. Four posts have been filled in library services since October 2015 and four require replacement. Additionally, a blended receptionist and library post was newly created in the CCJ and a blended CPD and library post was appointed in the Cork library on a temporary basis.
THE BAR OF IRELAND | PAGE 7
DIRECTOR’S REPORT
2. MEMBERSHIP ENGAGEMENT AND BENEFITS COMMITTEE YOUNG BAR COMMITTEE 3 MEETINGS
57
CANDIDATES RAN
14
ELECTED
OCT-DEC
and effectively and derive clear benefit from our
n a review of challenges facing the Young Bar in District Court criminal work and getting paid for their services; and, n preparations for a conference on discovery in January 2016.
investment in infrastructure, facilities and
Fostering camaraderie and collegiality within the profession…
"To ensure that members can work efficiently
services." Communicating and promoting member services… A key goal of the last term was to clearly set out the range of services available to members. This resulted in the compilation and publication of a new Member Services Directory. It is intended that this publication will be updated and published annually, and that it will become a go-to reference point for members. The information contained within the publication is also available on the new members' section of the website.
Engaging with the Young Bar… A newly elected Young Bar Committee (YBC), chaired by Claire Hogan BL, was formed following an election process that saw two candidates from each of years 1-7 elected to represent their respective year group. In total, 57 candidates ran, with 14 ultimately elected. The Committee met on three occasions between October and December, with a number of working groups also meeting outside of this in order to progress the various projects arising from the YBC meetings. Some of the key projects being actively undertaken by the YBC include: n the launch of a new Young Members Hub, with practical and useful guidance for members on practice at the Bar on the members' section of the website, launched in December 2015; n a review is underway to look at opportunities to improve the master–devil relationship;
PAGE 8 | THE BAR OF IRELAND
A number of social clubs and societies are supported by Council of The Bar of Ireland. A provision of ¤37,000 has been allocated in the financial year 2015/2016.
Supporting corporate social responsibility (CSR) initiatives… We engaged in a number of CSR activities, including: n Irish Penal Reform Trust – sponsored the Irish Penal Reform Trust Bail Seminar on November 11, 2015; n Simon Community – supported the House of Cards Appeal in December 2015; n Law Library Toy Appeal – members donated generously to the annual Toy Appeal in December, with many toys collected for distribution to children in need; n GOAL Syria Emergency Winter Appeal – participated in GOAL's Syria Emergency Winter Appeal by collecting member donations of winter goods, including blankets and winter clothes; n Capuchin Day Centre – a Christmas fundraiser held on December 16, 2015, which saw the Bar Choir provide its annual choral service in the Law Library, raised ¤14,000 for the Capuchin Day Centre; n Local Schools Outreach – facilitated over 40 students from local DEIS schools Stanhope Street Senior Girls School and St Paul's CBS in Brunswick Street to visit the Four Courts and King’s Inns in November 2015; and, n Local Schools Outreach – facilitated sixth class from local primary school St Audeon’s to participate in a mock trial in the Four Courts presided over by Mr Justice Adrian Hardiman in December 2015.
OCTOBER-DECEMBER 2015
VIEWS
93
%
INBRIEF
SECTION
11 EDITIONS
44 ACTIVE SUBSCRIBERS % AVERAGE OPENING RATES
2,260
VISITORS
MEMBERS’ IN IRELAND
RETURNING
35,246 BASED
72%
PAGE VIEWS
WEBSITE 954,374
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 Bar of Ireland’s reputation as an expert voice on legal matters through the production of policy papers and events on a range of relevant topics." Improving communication platforms for internal communications… In Brief Member communications were streamlined with the introduction in October 2015 of a new weekly In Brief newsletter, to be emailed to all members every Monday during term time. This comprehensive ezine is comprised of three sections: n Bar News – to include reports from Council and a summary of current activities; n What’s On – CPD, social and events, with a link to a live event calendar on the members' section of the website; and, n Media Digest – a useful collation of relevant articles from the previous seven days, to include weekend newspapers.
Top ten most read articles: 1. Judges Appointed to the Second Special Criminal Court 2. Rule Change – Rules of Membership of the Law Library 3. Bar Dining 2015-2016 4. Appointment of President of the High Court, and Judges to the High Court, Circuit Court and District Courts 5. Professional Practices Committee Notice 6. Legal Services Regulation Bill Passed by Dáil Éireann 7. Allocation of Seating December 2015 8. Appointment of Revenue Appeal Commissioners 9. Statement by Council of The Bar of Ireland regarding the Legal Services Regulation Bill 10. Master Pupil List 2015-2016
THE BAR OF IRELAND | PAGE 9
DIRECTOR’S REPORT
TWITTER STATISTICS
283
143
FOLLOWERS
TWEETS
AVERAGE
3 RETWEETS PER DAY
YOUTUBE STATISTICS
3
877
2,361
95%
NEW FOLLOWERS PER DAY
VIEWS
TWITTER IMPRESSIONS FROM THE TWEET HIGHLIGHTING THE TY VIDEO
OF VIEWERS BASED IN IRELAND
www.lawlibrary.ie The website is central to both internal and external communications, and the homepage is regularly updated with articles and photographs following key events, press statements, reports and submissions. Members' only section The new members' section of the website went live in October 2015 and provides members with access to a range of useful information, including a live event calendar with internal and external events, linked to articles through In Brief, CPD updates and employment opportunities as they arise. Most frequently visited areas of the members' section: 1. Event calendar and noticeboard; 2. Member email; 3. Member services; 4. Job vacancies; 5. Change password; 6. Member information; 7. Conferences and events; and, 8. Social.
Social media Twitter The Bar of Ireland Twitter account was launched in November 2015 and is regularly updated, including live tweeting from key events.
Promoting The Bar of Ireland brand both domestically and internationally… A working group comprised of both members and staff was set up in summer 2015 with the objective of clearly defining and clarifying the purpose, identity and brand of Council and the Bar itself. As a result of the work of this group a refreshed identity, logo and mission statement were developed, and these were formally launched in October 2015. The rebrand included the following projects: n rebranding of the public website; n revision and rebrand of the marketing brochure 'Introduction to the Profession'; n rebrand of the CCJ pocket guide and development of a new Four Courts pocket guide; n publication of a comprehensive Member Services Directory; n introduction of a branded honesty umbrella system; n design of a branded ezine template In Brief; n design of other branded materials including a PowerPoint template, folders, lanyards, ID cards and pull-up stands; and, n development of member and staff brand guidelines. All members are encouraged to use the logo in all materials related to their individual practice as use of the logo demonstrates a commitment to the values of ‘Independence, Expertise and Integrity’, and adherence to the Code of Conduct for The Bar of Ireland.
VAS – Speaking for ourselves… YouTube An animated video to advertise the Transition Year Programme was commissioned to appeal to students and was posted to YouTube in November 2015. 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.
PAGE 10 | THE BAR OF IRELAND
In November 2015, The Bar of Ireland’s Voluntary Assistance Scheme (VAS) held an advocacy training workshop, 'Speaking for Ourselves', for 24 participants from 16 charities and civic society groups. Addressing the workshop were barristers Michael Cush SC, Mary Rose Gearty SC, Bairbre O’Neill BL, Turlough O’Donnell SC, Aoife Carroll BL and Michael Lynn SC. Officials from the Houses of the Oireachtas, Brid Dunne and Alan Guidon, also presented on how to most effectively engage with Oireachtas committees. The feedback from the participants was overwhelmingly positive and it is hoped to run the workshop again in the near future.
OCTOBER-DECEMBER 2015
LINKEDIN STATISTICS
2,308 FOLLOWERS
217
331
CLICKS ON CONTENT POSTED
LIKES ON CONTENT POSTED
REACH –
42,828
240
IMPRESSIONS
PAGE VISITS
Participation in international forums…
Submissions on behalf of the profession...
Representatives of Council of The Bar of Ireland hosted and attended a number of key international conferences and events, including: n UIA Council & Governing Body Meeting, hosted in Dublin in September 2015; n Opening of New Legal Year in London in September 2015; n IBA Annual Conference in Vienna in October 2015; n UIA Annual Conference in Valencia in October 2015; n British Irish Commercial Bar Association in Dubai in November 2015; n Faculty of Advocates in Scotland in November 2015; n Four Bars Bi-Annual Meeting, hosted in Dublin in December 2015; and, n Opening of New Legal Year in Paris in December 2015.
Four submissions are in preparation, and have been or will be submitted on behalf of Council of The Bar of Ireland:
European Lawyers Day 2015… European Lawyers Day 2015, an initiative of the CCBE, was marked in conjunction with the Law Society with an event held in partnership with Oxfam Ireland on December 10, 2015. In honour of World Human Rights Day, legal professionals across Europe focused on the subject of ‘Freedom of Speech’, with the event in Dublin featuring contributions and images from the ‘Make Them Visible’ campaign by Oxfam Ireland and the European Commission, which is aimed at raising awareness about the situation facing refugees and displaced people.
1. Submission to the Department of Children and Youth Affairs on the Guardian ad Litem System. 2. Submission on Civil Legal Aid. 3. Submission to the Office of the Director of Public Prosecutions. 4. Submission to the Department of Justice on the Criminal Legal Aid Scheme.
Engaging in public relations and media activities to raise the profile of The Bar of Ireland… A total of 12 press releases were issued during the period October 2015 to December 2015. The primary areas of coverage related to:
'Minister for Education and Skills launches The Bar of Ireland’s Transition Year Programme' 'President of Ireland, Michael D. Higgins delivers the Council of The Bar of Ireland’s Daniel O’Connell lecture'
Regulation of Lobbying Act 2015… The Bar of Ireland is represented on the Regulation of Lobbying Act Advisory Group 2015, which holds regular meetings to discuss and advise on the roll out of the legislation. Having registered on the Register of Lobbyists, a return of any lobbying activity for the relevant period September 1 to December 31 will be submitted by the deadline of January 21, 2016. In order to advise members on the requirements of the legislation, a CPD event was held in November 2015, with the Head of Lobbying Regulation, Sherry Perreault, presenting a detailed overview.
'Attack on judge condemned by The Council of The Bar of Ireland' Legal Services Regulation Bill The estimated total audience reach from the October-December 2015 report is 2.76 million.
THE BAR OF IRELAND | PAGE 11
DIRECTOR’S REPORT
4. EDUCATION AND TRAINING
15
CPD EVENTS
"To ensure that members are aware of the importance, objective and requirements for obtaining Continuing Professional Development (CPD) 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."
872 ATTENDEES
President of Ireland, Michael D. Higgins, receives the Daniel O’Connell Memorial Medal from Chairman of Council of the Bar of Ireland, David Barniville SC.
Increase in the volume of CPD events…
Launch of TY Programme 2016…
During the period October-December 2015, a total of 15 CPD events took place with 872 attendees.
In November 2015, Minister for Education and Skills Jan O’Sullivan TD launched The Bar of Ireland’s Transition Year Programme 2016, encouraging students from around the country, and from all backgrounds, to consider a career at the Bar. Speaking at the launch, Minister O’Sullivan made reference to the continuous improvement ethos employed by Council of The Bar of Ireland in order to create an enhanced offering around the TY Programme. David Somerville, a senior cycle student from St Paul’s CBS, North Brunswick Street, Dublin 7 – a neighbouring DEIS school – participated in the first year of the Programme last year, and spoke about his positive experience of the Programme at the launch.
Event type
Number
Number of attendees
CPD events
11
522
New Practitioners’ Programme
4
350
Total
15
872
Law & Women pilot mentoring programme launches… In addition, four lectures were delivered: n Hugh M Fitzpatrick Legal Bibliography Series, delivered by Ian O’Donnell, Professor of Criminology, UCD; n Two lectures in the RIAM & The Bar of Ireland Lecture Series, delivered by Deborah Kelleher, Director of the RIAM; and, n Daniel O’Connell Memorial Lecture, delivered by the President of Ireland, Michael D. Higgins.
PAGE 12 | THE BAR OF IRELAND
Law & Women (L&W) is a new joint initiative of Council of The Bar of Ireland and the Law Society of Ireland, and in collaboration with the Irish Women Lawyers Association (IWLA), to support women in legal practice. Encompassing solicitors, barristers and staff of both the Bar and the Society, including in-house lawyers, L&W has been established to support women lawyers and promote equality. L&W launched its pilot mentoring programme in January 2016 for barristers and solicitors at various stages of their careers, which saw 11 mentees matched with mentors.
OCTOBER-DECEMBER 2015
5. 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." The Professional Practice Committee (PPC) is the Committee with responsibility for monitoring all matters concerning proper professional practice of barristers. The majority of the work of the PPC 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 2015 and December 2015, the PPC dealt with an agenda of 33 items, which is broken down in the graphic. The PPC also issued guidance last term in relation to training of witnesses. CPD events are being prepared to provide more detailed explanation for members.
Agenda items of the Professional Practice Committee: October 2015 to December 2015.
Projects 4 Guidance 11 Litigation 3
CPD 1 BPCT 1
Total 33
Matters considered under the Code of Conduct… Barristers’ independence and being instructed by a solicitor when acting in a professional capacity were the issues of most concern to members. Rule 4.1, being instructed by a solicitor, accounted for 15% of queries. Rules 2.1 and 2.5 concerning barristers’ independence, when taken together, also account for 15% of queries before the PPC. The PPC also had to consider a range of queries concerning the relations between barrister and client. Rule 3 of the Code of Conduct governs the relations between barrister and client. Instances of Rule 3 account for 36% of the Committee’s work. Seven rules were considered only once and these, including sub-sections of Rule 3, have been grouped together. This includes – of significance to uphold standards in the profession and the work of the PPC – Rule B9 of the Disciplinary Code for The Bar of Ireland, which appears on the chart for the first time (Rules: 3.3, 3.7(a), 3.7(b), 3.12, 3.13(a), 9.2, B9 [Disciplinary Code for the Bar of Ireland]). Rule 1.5 was also invoked by the Committee, whereby investigations were initiated following notification of matters of serious concern to the PPC.
CPD compliance… A case for non-compliance with the rules of the CPD scheme for the period 2012/2013 was successfully prosecuted before the Barristers Professional Conduct Tribunal. Following a series of communications with members in relation to compliance with CPD requirements for the period 2013/2014, a total of nine members failed to comply with CPD requirements for this period and were referred by the PPC to the Barristers Professional Conduct Tribunal in December 2015. Members were required to submit their CPD card for the period 2014/2015 by November 13, 2015. To date, 52% of members have submitted their CPD card.
Query 5
Complaint 8
Staff appointment… A new Director of Regulation, Brian O’Driscoll, has been appointed and took up his position in January 2016. The primary role of the Director of Regulation will be to develop and implement a Regulation Strategy in conjunction with the PPC, provide secretariat support to the PPC, facilitate the provision of guidance and advice to members on all aspects of compliance with the Code of Conduct and professional regulatory legislation, and manage the processing of queries and complaints received in line with the Code of Conduct, as well as queries relating to CPD requirements, professional indemnity insurance, ethics and practice standards.
Legal Services Regulation Bill passed by both Houses of the Oireachtas… Following its initial presentation to Dáil Éireann on October 9, 2011, the Legal Services Regulation Bill was finally passed by both Houses of the Oireachtas and signed into law by the President over the Christmas period. A number of interactions took place between representatives of Council of The Bar of Ireland to assist the Department of Justice on various matters arising from the Bill during the last term. A series of CPD events is being arranged to assist members in understanding various aspects of the new legislative requirements. There will be ongoing interactions with the new Authority, when established, which will now form part of the continued workload for representatives of Council and the staff of The Bar of Ireland.
THE BAR OF IRELAND | PAGE 13
DIRECTOR’S REPORT
A TOTAL OF
RUNNING EFFECTIVE OPERATIONS
55
4
COUNCIL
MEETINGS
COUNCIL & COMMITTEE 10 COMMITTEE
STANDING
MEETINGS
MEETINGS
Governance is an important part of the oversight and operation of the organisation…
Staff numbers
During the period October 2015 to December 2015, a total of 55 Council and committee meetings took place. A working group of members has been established to review the Constitution of the General Council of The Bar of Ireland to ensure that the governance oversight of the organisation through both the composition of Council and the committee structure is fit for purpose. The aim is to provide for a cost-effective governance model with clearly defined accountabilities in order to deliver on this Strategic Plan and the stated objectives.
Headcount at December 31, 2015
Ensuring an appropriate staff structure to deliver on the Strategic Plan… The delivery of the Strategic Plan is dependent on having sufficient appropriately skilled staff that understand and are committed to achieving the objectives of the organisation. Working with each department, the first reviews of structure and skills have enabled changes to be implemented in some key positions. Three key roles in the strategic plan of Library & Information Services were filled. Recruitment for the post of Assistant Librarian (Information & Access Services) and of Library Assistants has commenced. A new Director of Regulation was recruited and took up this important post in January 2016. The posts of Policy & Research Assistant and Communications & Events Executive were advertised in December 2015. The services to members in the Criminal Courts of Justice (CCJ) were enhanced by the appointment of a new role of Library & Member Services Co-ordinator. The review of the overall staff structure in the context of the strategic objectives is ongoing. The current staffing level is under plan and will be addressed in the review.
PAGE 14 | THE BAR OF IRELAND
Fulltime
Parttime
Total
Full-time equivalent (FTE)
Number of members per staff FTE
Library Service 17
10
27
22.91
97.51
Administration 26
8
34
31.23
71.53
Total
18
61
54.14
41.26
43
Defining our information and communications technology (ICT) services… A strategic review of ICT services has been underway to review optimisation of these services in the context of the ICT strategic review, and to better understand the needs of our individual members and our organisation. The services of an IT consultant were engaged last term and a report is expected at the end of January 2016. A key goal is to work towards improvement in the management and integration of information systems and business intelligence. The achievement of progress on this front is fundamental to the effective operation of all other sections of the organisation.
Property A need to centralise the staffing operation was identified in February 2015, approved by Council in June 2015 and completed in November 2015. Outside of the front-facing services (such as Library and Reception services), 26 administrative staff were spread across three separate buildings. The following were the main reasons for the decision to centralise the staffing operation:
OCTOBER-DECEMBER 2015
PROFESSIONAL SERVICES COMMITTEE – THREE PROFESSIONAL PRACTICES COMMITTEE – SIX EXTERNAL RELATIONS COMMITTEE – THREE INTERNAL RELATIONS COMMITTEE – TWO LIBRARY COMMITTEE – THREE FINANCE COMMITTEE – TWO
NON-PERMANENT COMMITTEES CRIMINAL & STATE BAR COMMITTEE – THREE HUMAN RIGHTS COMMITTEE – ONE HUMAN RESOURCES COMMITTEE – TWO ADR & ARBITRATION COMMITTEE – TWO CIRCUITS LIAISON COMMITTEE – TWO YOUNG BAR COMMITTEE – THREE n n n n
ensure a seamless service delivery across the organisation; achieve efficiencies in service delivery; improve communications across the staffing structure; provide a ‘one-stop shop’ for members to access staff/services; and, n release a large number of rentable offices occupied by staff that can be let to members. An initial feasibility study was carried out and three design consultants were asked to submit proposals based on a review of the properties. A proposal, including a financial assessment, was presented to Council of The Bar of Ireland at its meeting in June 2015. The proposal was approved and the Distillery option selected. Following management approval of the design proposal, a tender process to select a main contractor was carried out, which gave rise to three companies tendering for the project. There is additional income generation and service improvement potential arising from the space vacated in Church Street and in the Four Courts. A Property Working Group has now been established to consider the best use of these vacant spaces, future requirements of members, management of our property portfolio, and the creation of a property strategy.
Review of financial performance … In the first quarter of the 2015/2016 legal year, the consolidated net surplus recorded for Council of The Bar of Ireland and related entities is ¤637k. This is 7.2% higher than Q1 last year and 20% ahead of budget. Q1 subscription income, at ¤2.2m, is on target, with stable membership numbers comparable to last year. Subscription
20 AHEAD OF BUDGET
1 Q
%
€2.2M
SUBSCRIPTION INCOME
PERMANENT COMMITTEES
NET SURPLUS
€637K
MEETINGS
ON
TARGET
collections at ¤3.5m were slightly ahead of expectation, with 20% of members availing of the 3% early settlement discount and paying full-year subscriptions in October 2015. In recent years, compliance with subscription payments has been strong, and this important and positive trend continued in Q1 2015/2016. Operating expenditure, at ¤3.15m, is 3.3% less than budget, with the savings contributing to the increased surplus. A notable positive variance relates to Law Library Properties, where the net surplus of ¤310k, which accounts for 49% of the total consolidated surplus, exceeded budget. Increased room occupancy and lower levels of expenditure have contributed to this. Surpluses in Law Library Properties are used to reduce the significant accumulated banking debt burden.
Debt refinancing Following a competitive tendering process, Law Library Properties Ltd has reached agreement to refinance the property debt with AIB. The new loan, for ¤25m, is expected be in place in January 2016, and will provide for a longer period of seven years, with improved terms and conditions, noting especially a reduction in the cost of interest margin. Historically, KBC provided this facility and the current arrangement is due to expire on January 31, 2016. This facility was refinanced in January 2013, but KBC would only provide a three-year facility at that time. The amount of borrowings refinanced in January 2013 was ¤29m, and the company has reduced this by ¤4m over the last three years.
Reserve policy As of December 31, 2015, the organisation holds reserves in excess of the stated policy to retain six months' income on deposit.
THE BAR OF IRELAND | PAGE 15
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Distillery Building 145-151 Church Street Dublin D07 WDX8 T: +353 (0)1 817 5000 F: +353 (0)1 817 5150 E: thebarofireland@lawlibrary.ie www.lawlibrary.ie