2008 Publications from CCJHR members

2008 saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the Centre for Criminal Justice and Human Rights:

Olufemi Amao:
“Corporate Social Responsibility, Social Contract, Corporate Personhood and Human Rights Law: Understanding the Emerging Responsibilities of Modern Corporations” (2008) 33 Australian Journal of Legal Philosophy 100-133.

“The African Regional Human Rights System and Multinational Corporations: Strengthening Host State Responsibility for the Control of Multinational Corporations” (2008) 12 (5) International Journal of Human Rights 759-786 (Online)

“Mandating Corporate Social Responsibility: Emerging Trends in Nigeria” (2008) 6 (1) Journal of Commonwealth Law and Legal Education 75-95 (Online)

Dr Mary Donnelly:
Community-based Care and Compulsion: What Role for Human Rights? (2008) 15 Journal of Law and Medicine 782-793

The Right of Autonomy in Irish Law (2008) 14 (2) Medico-Legal Journal of Ireland 34-40

Ph.D Candidate Mairead Enright:

“Whither White Western Values? Comparative Perspectives on Culturally Motivated Decision-making for the Child” (2007) 7(1) HLJ 1 (available on Westlaw IE)

“Interrogating the Natural Order: Hierarchies of Rights in Irish Child Law” (2008) 11(1) IJFL 3 (available on Westlaw IE)

Dr Ursula Kilkelly:
European Convention on Human Rights in Irish Law (Jordan; 2008)

With Claire Hamilton, “Human Rights in Irish Prisons”, (2008:2) Judicial Studies Institute Journal 58 (online)

Ph.D candidate Susan Leahy:
“Hard Cases and Bad Law – An Overview of the Criminal law (Sexual Offences) Act 2006”, (2008) 26 Irish Law Times, 38

““In a Woman’s Voice” – A Feminist Analysis of Irish Rape Law”, (2008) 26 Irish Law Times, 203

“Review of J. Temkin and B. Krahé, Sexual Assault and the Justice Gap: A Question of Attitude’, (2008) 5 Web Journal of Current Legal Issues (Online)

Professor Maeve McDonagh
With White, F. ‘eGovernment in Ireland: An evaluation’ (2008) 56(1) Administration 19 – 56.

Dr. Siobhán Mullally:
Editor Irish Yearbook of International Law Vols 1, 2 – (Hart: Oxford, 2007; 2008 -) with Allain J.

“Multiculturalism and Human Rights” in The Universal Declaration of Human Rights at 60 (Chile; Centre for Human Rights, University of Santiago) (2008)

“Universalism”, “Cultural Relativism”, “Polyethnic Rights”, “Right of Exit”, “Multicultural Citizenship”, in New Oxford Companion to Law (Oxford; OUP, 2008); (Guest editor, Multiculturalism and Legal Pluralism)

“Migrant Women Destabilising Borders: Citizenship Debates in Ireland” in Cooper D, Grabham E, Krishnadas J and Herman D (eds). Intersectionality and Beyond: Law, Power and the Politics of Location (London: Routledge; 2008)

“Article 8, Best Interests of the Child and Immigration Law”, in Kilkelly U (ed) European Convention on Human Rights in Irish Law (Jordan; 2008)

Dr Conor O’Mahony:
“Special Educational Needs: Balancing the Interests of Children and Parents in the Statementing Process” (2008) 20 Child and Family Law Quarterly 199
“Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective” [2008] Public Law 125 (available on Westlaw UK)

Ph.D Candidate Andre Ventura:
Montenegro, Chiado Editora, Lisbon, March 2008 (2nd Ed)

“The Portuguese Constitutional Court: history, memory and judicial activity” (Portuguese) in Annual Book of Portuguese Constitutional Law, Vol. IV, Coimbra Editora, (2008)

“Juridical analysis of the Sentence C – 376/03 of the European Court of Justice (5th of July 2005) – the coherency and systematisation of the European Tax Law” (portuguese) in Revista do Centro de Pesquisas e Estudos Jurídicos de Mato Grosso do Sul (Brazil), (2008) (online)

CCJHR/Faculty & Department of Law PhD Candidate Awarded Prestigious Fellowship

Máiréad Enright, a PhD candidate at the Centre for Criminal Justice and Human Rights, has been awarded the EJ Phelan Fellowship in International Law for 2008 by the National University of Ireland. Máiréad is a graduate of UCC and of King’s College London and was called to the Irish Bar in 2006. Her research, on the Islamic marriage contract, forms part of an IRCHSS funded thematic project on Gender Equality, Multiculturalism and Religious Diversity directed by her supervisor Dr. Siobhán Mullally. Last year she was awarded a scholarship in Gender and Human Rights Law in connection with this project. This is the second time that a PhD candidate at the Faculty and Department of Law has been awarded the prestigious fellowship. In 2004, Elaine Dewhurst was awarded the fellowship to support her research on the rights of migrant workers under international labour law.

Five CCJHR/Faculty & Department of Law PhD Candidates Awarded IRCHSS Doctoral Scholarships

The CCJHR and Faculty & Department of Law congratulate our five PhD Candidates who have just been awarded the prestigious IRCHSS Doctoral Scholarship. This brings the total of IRCHSS Doctoral Scholars in the UCC Faculty & Department of Law to 12, with two more candidates being funded through an IRCHSS Thematic Grant awarded to CCJHR Co-Director Dr. Siobhan Mullally. In addition, the PhD student community in UCC includes holders of the prestigious EJ Phelan and Travelling Studentship awards from the NUI and scholars funded through PRTLI 2 and 3.

The five new IRCHSS Scholars here in the CCJHR are Sinead Ring, Joe McGrath, Eoin Daly, Eilionoir Flynn, and Louise Kennefick.

Sinéad Ring holds a first class honours BCL (Law and German) and an LLM (Criminal Justice) from UCC. She worked with the Law Reform Commission from 2004-2006 and was Principal Legal Researcher on the Commission’s Report on A Fiscal Prosecutor and A Revenue Court and the Report on Prosecution Appeals and Pre-Trial Hearings. She is reading for a PhD entitled, “The Social Contingency of Judicial Discretion: A Study of Pre-Trial Applications for Prohibition in Cases of Alleged Child Sexual Abuse”. She is being supervised by Professor Caroline Fennell. She holds a Faculty of Law PhD Scholarship.

Joe McGrath graduated with a First Class Honours BCL from UCC. He holds the Faculty of Law PhD scholarship. His doctoral thesis is entitled “The Criminalisation of Corporations and Corporate Officers”. He is being supervised by Prof. Irene Lynch Fannon and Dr. Shane Kilcommins.

Eoin Daly is a BCL (Law and French) graduate of UCC (First Class Honours). He holds the Faculty of Law PhD scholarship. His doctoral thesis, under the supervision of Dr. Conor O’Mahony, is entitled “Freedom of Religion in the Context of Public Education: a Comparative Analysis”.

Eilionoir Flynn graduated with a BCL from UCC in 2006. Her PhD thesis is entitled “Advocacy Services for People with Disabilities – the Potential for Improved Enforcement of Disability Rights” and is being supervised by Dr. Conor O’ Mahony. She holds a Law Faculty PhD Scholarship and recently completed a research visit to La Trobe University, Melbourne, using the Aidan Synott Bursary.

Louise Kennefick graduated with a BCL Degree from UCC in 2003. She subsequently completed a postgraduate legal diploma in 2004 and qualified as a solicitor in 2006 following a two year apprenticeship in London. She is currently pursuing a PhD in the area of Criminal Law with a particular emphasis on the Criminal Law (Insanity) Act 2006 under the supervision of Professor Caroline Fennell and Dr. Darius Whelan.

UCC Faculty & Department of Law enjoys enormous success in attracting funding for members of our PhD community, and also has a number of internal funding opportunities available to candidates. Anyone considering pursuing PhD studies here in UCC is recommended to view our PhD page and contact either the Chair of the Graduate Studies Committee, Professor John Mee, or an individual member of staff they would like to supervise their work. Details of academic staff are available here.

FINAL PROGRAMME – Post Graduate Conference; Thursday 1 May 2008

The final programme for this Thursday’s Post Graduate Conference in Criminal Justice and Human Rights is below. There are a limited number of places remaining – if you wish to book your attendance at the conference please contact the organising committee by emailing a.d.odonovan@student.ucc.ie promptly!!

9.30-10.15am Registration. (Aula Maxima.)

10.15-10.30am Opening by Dr. Siobhan Mullally.

10.30-11.30am Keynote Address: The Future of UN Human Rights Treaty Monitoring by Professor Michael O’Flaherty.

11.45-1.15am Morning Panels. (O’Rahilly Building.)

Panel A: Contemporary Issues in Public International Law.
Chair: Dr. Siobhan Mullally. ORB 123.

Kanstantsin Dzehtsiarou, U.C.D.:
European Consensus in the Case Law of the European Convention on Human Rights.

Padraig MacAuliffe, U.C.C.:
Justice in Timor-Leste: An Unaffordable Luxury?

Olufemi Amao, U.C.C.:
Corporate Responsibility, Law and Human Rights in Developing Countries: The Limits of International Regulation.

Panel B: Issues of Responsibility.
Chair: Professor Irene Lynch Fannon. ORB 132.
Joe McGrath, U.C.C.:
The Development of Irish Corporate Regulation Addressing Corporate Criminality: The Rule of Law Endangered?

Brendan O’Halloran, U.L.:
Corporate Liability: A Comparative Analysis.

Eilionóir Flynn, U.C.C.:
Community Visitors, Invisible Lives…The Forgotten Recommendation of the Goodbody Report on Developing an Advocacy Service for People with Disabilities.

Panel C: Contemporary Challenges in Constitutional and Administrative Law.
Chair: Dr. Conor O’Mahony. ORB 156.
Darren O’Donovan, U.C.C.:
The Legal Protection of the Cultural Identity of Travellers: the Role of the ECHR in Remedying the Deficiencies of the Irish Constitution.

Eoin Daly, U.C.C.:
Religious Discrimination in Public Education: Tensions between Religious Freedom and Religious Equality within a Non-Secular Constitutional Framework.

Paul Daly, University of Cambridge:
Judicial Review and the Political Question Doctrine.

1.15-2.15pm Lunch. (Staff Dining Room).

2.15-3pm Finding Employment and Getting Published
by Professor Steve Hedley. (Aula Maxima).

3.15-5pm Afternoon Panels. (O’Rahilly Building.)

Panel A: Gender and the Law.
Chair: Dr. Fiona Donson. ORB 123.
Julia Foden, U.C.C.:
Forced Marriage and International Human Rights Law.

Máiréad Enright, Manchester Metropolitan University/U.C.C.:
Forced Marriage and the Right of Exit.

Tanya Ní Mhuirthile, U.C.C.:
The Medical Management of Intersex: A Human Rights Critique.

Claire Cumiskey, U.C.C.:
The Recognition of Trafficking in Persons as a Form of Gender Related Persecution and the Basis of a Claim for Asylum.

Panel B: Trends and Challenges of Criminal Liability.
Chair: Dr. Catherine O’Sullivan. ORB 132.
Maria Faherty, U.C.C.:
The Age of Criminal Responsibility: A Comparative Analysis.

Louise Kennefick, U.C.C.:
Prisoner First and Patient Second?: A Critique of the Position of the Mentally Disordered Offender in Ireland within a Human Rights Context.

Susan Leahy, U.C.C.:
Reflections on the Concept of Consent in Sexual Offences Legislation.

Sinéad Ring, U.C.C.:
Justice Delayed: The Fair Trial Rights of Accused Persons in Delayed Prosecutions for Child Sexual Abuse.

Panel C: Discourses in International Criminal Law & Crime Control.
Chair: Dr. Siobhan Wills. ORB 156.
Maria Varaki N.U.I. Galway:
The Interests of the Victims and the ICC Article 53.

Aisling O’Sullivan, N.U.I. Galway:
The Duty to investigate and prosecute under International Human Rights Law and International Criminal Law.

Ekaterine Iakobishvili, University of Essex:
Zero Tolerance Crime Enforcement Policies in New York and Georgia: A Comparative Analysis.

Dorothy Appelbe, U.C.C.:
The Use of Closed Circuit Television as a Crime Prevention Strategy.

5-5.15pm Closing by Fiona de Londras. (Aula Maxima).

5.15pm Wine Reception (Staff Common Room).

LL.M Criminal Justice – Closing Date 1 May 2008

As discussed previously, the LL.M Criminal Justice in University College Cork is currently receiving applications. The closing date for applications is 1 May 2008 and all interested parties are advised to apply within the recommended time frame.

The LL.M in Criminal Justice is an innovative, clinical Masters degree that makes the most of the vibrant atmosphere of graduate study here in UCC, the research conducted in the CCJHR, the excellent adjunct professors appointed to the Faculty including Hon. Justice Paul Carney (presiding judge of the Central Criminal Court), and the exceptional civil society and government links developed by the Faculty of Law. Overseen by LL.M Director Dr. Mary Donnelly and Clinical Legal Education Coordinator Gerard Murphy BL, this LL.M is in exceptionally high demand and entry is competitive.

The LL.M attracts an excellent mix of applicants such as law enforcement officials, NGO officers, people who have just completed a primary law degree, aspiring practitioners and academics, and members of the judiciary. Graduates of the programme go on to work in diverse fields, for example graduates are currently working in practice at the Bar or as a solicitor, in the academy, in government offices such as that of the Director of Public Prosecutions, and in law reform (some graduate profiles are available here).

Anyone with a query relating to the course ought to contact Gerard Murphy (g.murphy[at]ucc.ie)

Semi-Plenary II – Policing, Accountability and Youth Justice

This second of two semi-plenary sessions comprised a presentation by Niamh McKeague of the Garda Siochána Ombudsman Commission (GSOC) followed by a Q&A; session from the floor with Ms. McKeague and Michael O’Neill BL, Legal Advisor to the GSOC. The session was chaired by Sophie McGuinness of the Office of the Ombudsman for Children.

Ms. McKeague began by outlining the functions and processes of the GSOC as provided for by the Garda Síochána Act 2005. The GSOC began to operate in May 2007 and can consider complaints relating to Garda conduct (including breach of discipline), investigate any practice, policy or procedure of the Gardaí with a view to reducing the level of complaints relating thereto, and consider matters referred by either the Garda Commissioner or the Minister for Justice.
After outlining the remit, functions and processes of the GSOC Ms. McKeague proceeded to provide a number of statistics about the Commission’s work up to the end of January 2008. From its establishment to the end of January 2008 the Commission had received over 2000 complaints, just under 2% of which had come from children and young people. The Act provides that a complaint may be made by any member of the public and does not impose any age-related standing requirements for complainants, therefore children are eligible to submit complaints to the commission. It was on the appropriate way to deal with such complaints, and the particular challenges arising therefrom, that the remainder of the presentation focused. More information on the GSOC is available here.

Ms. McKeague firstly considered the challenge of deciding on the definition of ‘child’ for the purposes of the GSOC – although the Act does not prohibit children from complaining, it does not offer any substantive guidance on the particular challenges connected thereto. Having considered the various ages by which childhood is defined in different instruments (UNCRC – 18; Non Fatal Offences against the Person Act 1997 – 16;12 for criminal responsibility) the GSOC decided to treat all complainants under the age of 18 as child complainants in order to ensure that, as much as possible, potentially vulnerable complainants would be identified and appropriately dealt with. In this connection she also noted the commitment of GSOC to providing appropriate training to GSOC staff and the cooperation between GSOC and the Office of the Ombudsman for Children in equipping the GSOC to deal with child complainants.

Ms. McKeague then addressed two particular challenges to the GSOC in dealing with child complaints. The first related to information and the provision of information to certain parties once a complaint had been lodged. She noted the importance of making it clear to child complainants that GSOC can not guarantee the absolute confidentiality of complaints, particularly since s. 103 requires that all interested parties be kept informed about the progress and results of an investigation. In this context, interested parties might, she reflected, sometimes include parents of the child complainant. The issues surrounding information are further complicated by s. 81 of the Act which prohibits the disclosure of information to anyone where such disclosure may have a harmful effect. Although certain bodies are exempted from causing harmful effect through receipt of information, the HSE and parents are not included in this list. Thus, the investigators must make a case by case determination of whether or not disclosure of information to a non-exempted party such as parents or the HSE might have a harmful effect and advise the individual commissioners in each case as to whether or not they can sanction release of information. The disclosure of information in violation of s. 81 can result in criminal sanctions and can therefore cause significant difficulties for investigators working in the GSOC.

Ms. McKeague also considered the difficulties relating to duty of care. While all parties accept that there is a duty of care to children, certain structures involve numerous actors all of which may have a duty of care but where there is no clear delineation of whether one party’s duty stops and another’s begins. In this context she referred specifically to the area of child protection and the Children First strategy in which parents, the HSE and an Garda Síochána are all relevant actors. Children First has been incorporated into the Garda code, therefore a question arises as to whether or not a member could be investigated for and found to have engaged in dereliction of duty for not acting in a particular way in relation to a child and the difficulties that would pose in a situation where there is no clear delineation of duties between the three main actors.

Finally Ms. McKeague reflected on the usefulness of meaningful communication and co-operation between GSOC and various different bodies in developing a policy relating to child complainants and considering the manner in which the questions that arise in the early stages a new scheme can be resolved in a manner that ensures the paramouncy of the child’s best interests.

The Q&A; session involved a fruitful exchange between the representatives of the GSOC and delegates from Include Youth (Edel Quinn), Children’s Law Centre (Paddy Kelly), Finglas Child and Adolescent Centre (Colette Walsh), the Bar (Mary Ellen Ring SC), and the Ombudsman for Children, Emily Logan.

LL.M Criminal Justice – Applications Open

The application process for the LL.M (Criminal Justice), provided by the Centre for Criminal Justice and Human Rights, Faculty of Law, UCC are now open. Applications can be made online and the closing date is 1st of May, 2008. Application details are available here.

The LLM (Criminal Justice) is a ground breaking post-graduate programme, unique to UCC. Students can select from a wide range of modules including Penology, Criminology, Juvenile Justice, International Criminal Law, International Humanitarian Law, Cyber Crime, Terrorism Dissonance and Criminal Justice, and Mental Health Law. In addition students complete the Advanced Criminal Process Clinical Programme which introduces students to the realities of the Irish Criminal Justice system through placements with the courts, the police, the prison service, victim support agencies and the probation service. Students are also required to complete a 12,500 word dissertation in the area of criminal justice which is supervised by an academic member of the Faculty of Law with expertise in the relevant area.

As the LL.M (Criminal Justice) is an innovative and dynamic program with a strong clinical aspect, it is in exceptionally high demand. It draws participants from various backgrounds, including law enforcement, as well as applicants joining direct from their primary law degree. Details of the members of the Centre are their research areas are available here; details of the Faculty of Law members are available here.

Any queries ought to be directed to Gerard Murphy, Clinical Education Coordinator a gerard.murphy[at]ucc.ie

Winter Publications from CCJHR members

The winter saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the CCJHR.

PhD candidate Liam Thornton (UCC profile) published “Subsidiary Protection for Asylum Seekers Within Ireland” (2008) Irish Law Times 6. Liam also published a review of Olga Ferguson Sidorenko, The Common European Asylum System: Background, Current State of Affairs, Future Directions in [2007] 44(6) Common Market Law Review 1830 (access online).

PhD candidate, Judge David Riordan published “Immigrants in the Criminal Courts” (2007) Judicial Studies Institute Journal 95 (online).

PhD candidate Olufemi Amao (bepress; SSRN)published “Controlling Corporate Cowboys: Extraterritorial Application of Home Countries Jurisdiction to EU Corporations Abroad” (2007) University College Dublin Law Review (Symposium Edition) 67-79 (UCDLR Home) and “Corporate Social Responsibility, Multinational Corporations and the Law in Nigeria” (2008) 52 (1) Journal of African Law 89-113 (JAL Home).

Dr. Shane Kilcommins (UCC profile), with Barry Vaughan, published his new book entitled Terrorism, Rights and the Rule of Law (Willan Publishing)(buy online). Here’s the blurb:

The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the ‘war on terror’. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime.The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the ‘war on terror’, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology, as well as legal and other practitioners and policy-makers.

Dr. Conor O’Mahony (UCC profile) published “Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective” [2008] Public Law 125 (available on Westlaw UK).

Dr. Darius Whelan (UCC profile SSRN) published “Fitness for Trial in the District Court: the Legal Perspective” (2007) Judicial Studies Institute Journal 124 (online).

Dr. Mary Donnelly (UCC profile) published “Assessing Legal Capacity: Process and the Operation of the Functional Test” (2007) Judicial Studies Institute Journal 141 (online).

Fiona de Londras (UCC profile SSRN) published “Guantanamo Bay: Towards Legality?” (2008) 71(1) Modern Law Review 36 (online) and “Hamdan v Rumsfeld” (2007) 54(3) Netherlands International Law Review 539 (online)