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Kathryn Culhane-Tipper talks about potential regulation of cryptocurrencies IN SI DE THIS IS S UE S c o t t M u r p h y t a lk s a b o u t th e Legal i sati on of Isr ael i A p ar t hei d In t e r v i e ws wit h A n t h o n y Wh el an , Gavi n McLou gh l i n , Aoife O’ R ei l l y a n d Da r r a g h Hyla n d So c i a l Se c t i o n : Cao i l ai nn M c D a id t a lk s a bou t Tri n i ty F LAC an d TCDSU S t ud ent S le e p -o u t f o r t h e P eter McVer ry Tr u st
The Eagle Gazette Volume 5 Issue 1 · 1
Foreword This is the fifth volume of The Eagle, and the fifth year that free copies of it will appear in the Arts Block, which means it’s been around for the duration of our time in college. Whether for insight on current political issues, guidance on future career options, or glossy high quality photos of you and your friends at memorable college events, we hope you’ve had some use for it! All the past editors have added their own touch to the publication, leaving a legacy with little room for improvement. This year, I focused on maintaining the more recently established Eagle blog, featuring original content and information on how to get involved with us, as well as adding to it soft copies of all The Eagle issues to date. We’re also delighted to have our first environmentally friendly edition of The Eagle. Thanks to Grehan printers, Volume 5 Issue 1 is printed on 100% recycled paper, and using vegetable based inks. It’s certainly something we hope to make a tradition!
editorial board for their industrious work. I’d also like to thank Dr. David Fennelly of the Law School for connecting us with alumni, Ivan Rakhmanin for his photography work and help with our blog, and Sulla Martes for designing the issue. Finally, a massive thank you of course to Allen & Overy for their generous sponsorship and continued support. On behalf of the editorial board, I welcome you to Volume 5 Issue 1 of The Eagle: Trinity Law Gazette!
Mary Murphy
I’d like to thank all contributors to this issue, and the deputy editor Caoimhe Daly, as well as the rest of the Contents Editor in Chief Mary Murphy Deputy Editor Caoimhe Daly Editorial Board Feargus Campbell Tasin Islam Thea Lawler Robyn Maher Caoilainn McDaid Lucy Mockler Ciaran Moore Olivia Moore Orla Murnaghan Kate Nolan Kevin Seery James Watson Photography Ivan Rakhmanin Design Sulla Montes
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Virtual Currencies – Time to Regulate the Self-Regulating? 3 The Nation-State Law: The Legalisation of Israeli Apartheid? 4 Why Criminalising the Homeless is Not the Answer
5
A Note on Recent Breaches of the UN Convention Relating to the Status of Refugees
7
Interview with Anthony Whelan
8
Interview with Gavin McLoughlin
10
“The Youth Quake” – Changing Ireland Vote by Vote
11
Interview with Aoife O’Reilly
12
The Implications of the Childcare Crisis on Constitutional Rights
14
Interview with Darragh Hyland Surrogacy in Ireland
15
16
Studying Law Abroad: Notes from Suzanne Flynn
17
Interview with Kevin FitzPatrick
18
The Social Section 20
All the opinions expressed are that of the authors and not of The Eagle.
Virtual Currencies – Time to Regulate the Self-Regulating? KATHRYN CULHANE-TIPPER JS LAW
Virtual currencies, also known as cryptocurrencies, have grown in prominence in recent years. Ireland acquired its first Bitcoin ATM in Dublin on March 13th 2014, and its first native cryptocurrency, the “Gaelcoin”. These measures reflect the emergence of what is known as a “bitcoin bubble”. Bitcoin currencies are digital representations of value that are not recognised as legal tender and remain unregulated in Ireland. However, such self-regulating currencies have proved popular with investors and as of 2018, there are 1,623 currencies available online. This popularity has not gone unnoticed; two recent publications on cryptocurrencies indicate a desire by the Government and Central Bank to adopt a constructive approach to this area. The Department of Finance, in its discussion paper “Virtual Currencies and Blockchain Technology”, noted the opportunity to equip Ireland with a competitive advantage in securing Foreign Direct Investment in distributed ledger technology companies, which is aligned with Ireland’s IFS 2020 strategy to foster opportunities in international financial services. Furthermore, the Central Bank’s Director of Policy and Risk argued that despite the risks, it is important to consider regulation so the potential benefits can be assessed. Virtual currencies, such as Bitcoin, currently exist in a legally grey area. Virtual currencies are not compatible with statutory definitions of currency, nor has the Oireachtas legislated for practical controls to be implemented to regulate the purchase and use of Bitcoins. Regulators such as the European Parliament and the International Monetary Fund [IMF] have raised concerns about Bitcoin ever since its initial growth. The lack of protection for cryptocurrency users renders this a risky venture for potential customers. The aims of the regulatory bodies to bring Bitcoin within the prerogative of oversight applied to traditional financial bodies presents several functional and political challenges. First, the difficulties encountered in regulating and enforcing Bitcoin are reflective of the way society views
cryptocurrencies. The legal concept of currency is inherently tied to the idea of a legal framework for the purposes of issuing banknotes and coins. Secondly, the State’s power to regulate the monetary system is seen as a key feature of legal currency. The nature of Bitcoin contradicts this traditional understanding of currency. Criticism of Bitcoin has centred on it being considered as a financial instrument, rather than a sui generis currency, and its unique nature wherein it can be viewed as both a commodity and a currency. Arguably, since fiat currency derives its value from government regulation rather than the backing of a tangible commodity, it is devoid of an intrinsic value just like cryptocurrencies. However, until virtual currencies are protected under Irish legislation and international instrument, Irish consumers are left without a legal safety net. Concerns have also been voiced regarding the absolutely devastating effect it has on the environment, with ‘mining’ cryptocurrency having more than twice the energy cost of mining copper or gold. This immense vulnerability associated with virtual currencies is demonstrated by the fact that Irish consumers who use them to pay for goods and services are not currently protected by many EU laws. Specifically, virtual currencies do not fall within the ambit of protection guaranteed by current provisions, namely; the Consumer Protection Act 2007, the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, and the Sales of Goods and Supply of Services Act 1980. This opens up the possibility for virtual retailers and hackers to take advantage of this vulnerability with little legal consequence. The Irish Government has made it clear that the introduction of regulation of cryptocurrencies in Ireland will be driven by the Irish Central Bank and developments at EU level. In this regard, Ireland will be required to amend existing anti-money laundering regulations by January 2020, in light of the Fifth EU Anti-Money Laundering Directive. Arguably, if we view virtual currencies through the lens of sui generis currencies, they could potentially be regulated under Irish foreign currencies regulation. This approach could provide a happy medium insofar as it would be regulated, but not subject to the regulatory burden of a domestic currency. However, if virtual currencies were viewed as a The Eagle Gazette Volume 5 Issue 1 · 3
foreign currency then actions by the State to regulate them would be deemed as ultra vires. Additionally, this approach would recognise virtual currencies being regulated by the community rather than a centralised body and would see state acceptance of self-regulation, which could potentially create future problems. There is little doubt that virtual currencies are here to stay, and regulation is essential to gain a competitive advantage in this area. It remains to be seen what will happen going forward.
The Nation-State Law: The Legalisation of Israeli Apartheid? SCOTT MURPHY SF LAW AND POLITICS
Few pieces of legislation have grabbed the world’s attention recently more than Israel’s Nation-State Law. Officially titled ‘Basic Law: Israel as the NationState of the Jewish People’, the legislation passed through Israel’s national parliament, the Knesset, in July of this year. While Israeli Prime Minister Benjamin Netanyahu lauded the bill as “a defining moment in the history of the State”, Palestinian activists across the world identified it as legalising apartheid. The Nation-State Law has three main objectives. Firstly, it declares Hebrew as the only official language of Israel, demoting the Arabic language to merely having ‘special status’. Secondly, it declares that only Jewish people have the right to self-determination in Israel, denying this right to the twenty percent of Israeli citizens who are Arabs. However, the final and most controversial aspect of this legislation is that it proposes that Jewish-only communities should be set up across Israel with the aim of strengthening Jewish culture. The significance of this law cannot be comprehended without first analysing the key social, political and legal aspects of the Israeli State’s modern history. It was founded on 15th May 1948, following the expiration of Britain’s formal control of the area. Shortly after this came the Nakba, literally translated as the ‘catastrophe’, when over 700,000 Palestinians were either forced to leave their homes by the Israeli military or fled from fear of persecution. An estimated 500 Palestinian villages were destroyed during the Nakba. 4 · The Eagle Gazette Volume 4 Issue 1
Palestinians who became refugees during the Nakba fled to the Palestinian-controlled West Bank or Gaza; others fled to neighbouring countries while some remained in Israel. In the years following these events, the Israeli government implemented numerous laws giving different legal status and rights to people depending on their race. The most widely known example is the Law of Return, which offered Israeli citizenship to any Jew who immigrated to Israel. Meanwhile, the Absentees’ Property Law of 1952 legalized State confiscation of previously refugee-owned land during the Nakba. At the same time, the Israeli Nationality Law of 1952 took citizenship away from these very same refugees. The Israeli government’s aim of creating a Jewish State for the Jewish people was certainly underway. The mass exodus of Palestinian refugees from Israel has created significant humanitarian problems for the areas to which they fled. The case of Gaza is one such example. Consisting of an area just half the size of County Louth, Gaza is home to almost two million people, half of whom are children. With the Israeli military controlling the borders around Gaza, it is almost impossible for ordinary people to move in and out of the area. For these reasons, Gaza is regularly referred to as the world’s largest open-air prison. A study released this October carried out by the apolitical non-profit body, RAND Corporation, revealed that a shocking 97% of water in Gaza is not safe for drinking. Accounting for this issue and similar problems in the area, the United Nations (UN) has estimated that Gaza will be uninhabitable by the year 2020. Returning to the Nation-State Law, it is important to address the claims by pro-Palestinian activists that Israel is an apartheid state. The word ‘apartheid’ was originally used to describe the institutionalised
racial segregation that resulted in the oppression of South Africa’s black population by the South African State, whilst simultaneously privileging the country’s white population. The UN’s definition of apartheid was adopted by the 2002 Rome Statute of the International Criminal Court and is defined as “Inhumane acts … committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” Palestinian activists have called attention to the legal and social discrimination aforementioned, as well as other factors such as the existence of separate roads for Palestinians in the West Bank, as evidence of Israel being an apartheid state. This analogy has been endorsed by notable figures such as the South African anti-apartheid campaigner Desmond Tutu and leading Israeli historian Ilan Pappé. Support for Palestinian rights in Ireland is high. Senator Frances Black’s bill to ban the importation of goods from areas controlled illegally by Israel, most notably the West Bank, passed through the Seanad in July of this year. Support for the BDS campaign (Boycott, Divestment, Sanctions) which aims to pressure Israel to stop the discrimination against the Palestinian people and to withdraw from the West Bank, is also high. BDS actions vary from refusing to play against Israel’s football team to withdrawing investment from Israeli companies. The BDS campaign is notably backed by Trinity’s student body following a referendum held in March, 2018. The description of Israel as an apartheid state is certainly a compelling one. With Israeli forces having killed about 150 Palestinian protesters so far this year, Israeli oppression of the Palestinian people is unlikely to stop any time soon without significant international pressure. Calls to boycott the Eurovision Song Contest in 2019, which will be hosted in Israel, and the passage of Frances Black’s Occupied Territories Bill, ensures that that this issue will continue to be highly relevant in Ireland and across the world in the coming years.
Why Criminalising the Homeless is Not the Answer GARETH FOYNES JS LAW
In various jurisdictions, with Hungary being the most recent example to capture international attention, it has now become illegal for homeless people to stay on the streets. Proponents of such law justify it as a means of reducing the number of people that are homeless, which presently stands at 100 million. This is not only a vulgar approach, but also an illogical one. It means that those who are most in need of help are least likely to obtain it. This in turn exacerbates the suffering of those affected by this problem. The methods various governments are utilising include implementing policies which prevent homeless people from obtaining the necessities for survival or schemes that force homeless people to leave the, usually urban, area. Not only does this place increased demand on services outside of the excluded area to support the homeless, it also fails to tackle the root causes of homelessness, such as domestic violence or unfair rent rates. Further, some countries have introduced punitive measures such as fines against the homeless for begging or ‘loitering’, when they cannot even afford basic essential services. This practice has been reported in America for example, by the National Coalition for the Homeless. Such a sanction highlights how irrational and impractical this approach is for policymakers who genuinely want to tackle homelessness. Moreover, this method may likely exacerbate the homelessness crisis, as a criminal record makes it even more difficult to get a home or a job. Rather than this draconian approach, we must find a solution which does not breach the basic constitutional rights provided to all citizens.
The Eagle Gazette Volume 5 Issue 1 · 5
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A Note on Recent Breaches of the UN Convention Relating to the Status of Refugees EUNICE COLLINS SS LAW
Despite the UN Convention Relating to the Status of Refugees (“the Convention’), under which the signatories commit to protecting certain defined rights of persons granted asylum, political and financial concerns are leaving many vulnerable people without protection. Professor Kowalik of the University of Massachusetts Lowell notes that being “considered illegal has not stopped [refugees] from coming to the country; it has only stopped them from being protected within the law.” This is regrettably true with regard to the recent policy in the U.S. of separating asylum seekers and their children, reflecting the rebranding of ‘family unity’ as ‘chain migration’. A similar problem arises from former U.S. Attorney General Jeff Sessions’ recent decision - pursuant to his authority under the Immigration and Nationality Act to certify and review immigration cases - to reverse a ruling that granted refugee status to people fleeing from domestic abuse in countries where the state did not protect these victims. However, legal protections on their own are not enough to protect refugees. The European Court
of Human Rights, in Hirsi Jamaa v Italy, its first judgment on the interception of migrants at sea, held that Italy violated a number of provisions of the Convention by preventing refugees travelling in boats from Libya from seeking asylum. Yet by the time this case was decided, it was already too late for many of those on board. Italy has recently been accused of funding the Libyan coastguard in order to prevent refugees from reaching Europe, which calls into question the extent to which supranational courts can really enforce the Convention in practice. The Guardian has reported that the newly-elected Italian Interior Minister, Matteo Salvini, ordered refugees to be moved out of the small Italian town of Riace, celebrated as a model of integration around the world, following the house arrest of the town’s Mayor. This reveals that politics is as important for refugee protection as the law. There is also a need for procedural protections and time management to avoid the type of delays seen in the Irish system of Direct Provision. Dr. Andrew Shacknove of Oxford University notes that a surge in the number of refugees could prevent states from working towards permanent resettlement for refugees, “financially exhaust relief programs,” and decrease support for refugees within host countries. However, the European and U.S. systems outlined above fail to adequately assess asylum claims in a safe, fair and respectful manner. It is clear that political commitment to treating asylum seekers fairly is as important as legal protections, if not more so. A greater political commitment to protecting refugees is crucial in order to ensure the safety of people fleeing from war and persecution.
The Eagle Gazette Volume 5 Issue 1 · 7
Interview with
Anthony Whelan Director for Electronic Communications Networks & Services at the European Commission, by Kevin Seery
Why did you initially choose to study law, and where did you envision yourself going after you graduated? I hesitated a lot in my final years in school right up until filling out the CAO as whether to do law or architecture. I think the reason I was interested in either of those disciplines is that they both involved analytical thinking, but are simultaneously very hands on in their practice. I ultimately settled on law, and I’ve never looked back When I was thinking about what I would do after my law degree, I didn’t have a lot of information about my different options, I imagined myself in the two mainstream professions, and preferred the option of a barrister as I have always liked a good combative exchange be it in writing or orally. However, I was not aware at the time of the importance of analytical expert opinion work when you’re a barrister – although I think that may have changed over the years with developing of expertise in solicitors – , nor did I know about the options to be an in house lawyer in various lines of business or public service. One thing any young lawyer should be aware of from the early days is that a law degree opens multiple doors and not just the most obvious ones in the profession. You’ve enjoyed a rather unique career trajectory, initially qualifying as a barrister, then going on to lecture in Trinity, before pivoting in a more EU orientated direction, taking up a job as a legal secretary in the Chambers of an Advocate General at the European Court of Justice. Can you speak a little on how this pivot occurred and what inspired you to pursue a career in the legal system of the European Union? Well in a way it did come out of nowhere. I had always been quite interested in European Law while studying it and during my academic career, and I had done some teaching and writing in the area particularly surrounding the interface between EU Law and Irish Constitutional, and Public law So when Nial Fennelly was appointed to Advocate General for the European Court of Justice and word went round that he would be putting together a cabinet, I decided, a bit opportunistically, to throw 8 · The Eagle Gazette Volume 4 Issue 1
my hat in the ring. Ultimately it worked out and he asked me to join him. It was a relatively unplanned move, and what I would draw from it is that you should never be too rigid in your career planning, opportunity may come up and it can be great to capitalise upon them. I’ve never regretted making this career move as it was interesting to move to another country I wouldn’t have ended up living in otherwise, and it also opened up many other doors most in other European Institutions. Your current role is the Director for Electronic Communications Networks and Services, can you speak a little about what your current job entails? Director for Electronic Communications Networks and Services is a long and obscure title for what most people still call telecoms. My department, versus other technology based departments in the European Commission, is rather unique as broadband networks are physical, and like any infrastructure they are rooted in the place they are installed, so just because you have it in Dublin doesn’t mean you have it in Clonakilty. We work towards creating a common European framework in this area in order that competition to deploy networks can function in a broadly similar rulebook across the EU. This includes things like providing players like Vodafone or Sky access to the Eir Network in Ireland as it is built to be dominant across the country. Building this framework also extends to more cross-border things such as our ten-year campaign to reform roaming charges which we finally closed in summer of last year. This also extends to relatively new issues like net neutrality, ensuring those who run the networks
which are so vital to the online economy do so in an even-handed way and don’t favour their own services, for example they don’t try maintain their own mobile phone revenues by blocking competing online voice communication services. On an individual level, this entails sitting in on legislative activity such as discussions in the European Council and Parliament, and also secondary regulatory activity such as supervising the draft decision making of national regulators such as ComReg, and influencing their decisions in areas such as allocation of radio frequencies for services like 5G communication. We also ensure they are compliant with European consumer protection rules in the telecommunications area, such as for example your right to switch operator and bring your number with you. In your role as Director for Electronic Communications Networks and Services, you’re creating a regulatory environment to facilitate the EU’s goal of creating a Digital Single Market. Can you speak a bit on what the Digital Single Market is and why it is something the EU is pursuing? The Digital Single Market, like any single market, is designed in such a way to make sure that the framework of rules for online economic activity are set on a common European basis, while also reflecting social concerns important to European citizens. Having a common set of rules has facilitated a number of advantageous EU programs, such as the earlier mentioned reform for roaming charges, and Net neutrality regulations. I think having a common regulatory framework is particularly important for the online economy because it is so immaterial. When dealing with online services they can be deployed across some, if not all, member states almost immediately. They can expand
and operate legally across the entirety of the EU far more easily if they have a common rule base against which to develop compliance of their services. Finally, you’ve worked in a number of EU Institutions in a legal role, what advice would you give to a law student who would ultimately like to pursue a career in the EU Law framework? I think it is worth noting from the outset that I actually felt rather well prepared for my roles in the EU Institutions from my four years study in Trinity plus my three or four years on Trinity staff. I believe Trinity College law school is a relatively multicultural environment in itself, and courses such as Law and German and Law and French provide a good basis for seeking a role in EU Institutions. Other than that, one thing I would suggest, be it through Erasmus or postgraduate studies, is to take the opportunity to study in another cultural environment. Even though much international study these days is now done in English, and by the way much business done within the commission is done in English and I don’t think that will change with Brexit, simply rubbing up against people with somewhat different cultural baggage and expectations is a good preparatory step in itself to work in a multicultural institution. On a more pragmatic note there are avenues of study that can prepare you if it’s the EU institutions that attract you. There’s a little bit of an old chestnut that the College of Europe in Bruges is the preparatory school for the European Commission, and I have plenty of colleagues who went there, so like most clichés there is a little bit of truth in it, but it is by no means the obligatory path. There are very respectable EU Law Courses at undergraduate and postgraduate level throughout Europe including in Ireland.
The Eagle Gazette Volume 5 Issue 1 · 9
Interview with Gavin McLoughlin Business News Editor for The Independent, Graduated from Law and Political Science in 2013, by James Watson
Why study law and not journalism from the outset? I always wanted to do Journalism. I chose Law for two reasons. In 2009 there was a lot of fear about the future of journalism and where it was going to go. It was seen as precarious employment. I was interested in the law, so I thought if journalism didn’t work out that would be something to fall back on. The second reason was in the event that I did manage to get into journalism after the four years, I thought law would give me a lot of skills that would come in handy; critical thinking and analysis in particular. I ended up doing a masters in journalism in DCU. Do you have any particular highlights from your time in Trinity? The Law School Cabaret, for sure. That was always good fun, I found myself up on stage a few times for that. You also meet a lot of interesting people, my class were always talking about different things and I found that engaging with the people around me, my classmates in particular, was very intellectually stimulating and definitely helped to hone my critical thinking skills. You’ve had a very storied career since graduating in 2013, could you describe the route you took from then until now? I started out on the Cadet Programme in the Irish Independent. The daily paper and the Sunday paper are two different beasts. I did six months on the daily and six months on the Sunday paper for my cadetship. After that, thankfully, they decided to keep me on. I spent three years at the Sunday Independent. The Sunday Independent was great because there’s only one paper a week so there is time to think about things and to get out and meet people. That’s where all of the best stories come from, getting out and meeting people. Stories are about relationships with people and when you’re working for a Sunday paper you have time to build those relationships. The deadlines aren’t the same as the daily paper. I wrote for the Sunday Independent for three years and that helped me to get into the habit of developing sources and good journalistic practices. Then, a job came up in the daily paper as Business News Editor, which I got. I’ve been doing that for six months now. The pace of life is a little bit quicker but that time I spent at the Sunday paper gave me a good base of contacts, let me observe things and see what works and what 10 · The Eagle Gazette Volume 4 Issue 1
doesn’t, and I carried that over to into the more hectic daily paper environment. You studied law and political science, however you are the business news editor for the Independent. Where did the switch from politics to business happen? It was a bit of a fluke to be honest. I didn’t even study business for the Leaving Cert. I always saw myself getting into political journalism or sport, it just happened that business news was where an opportunity came up. The Independent had a programme called the ‘Cadetship’ programme and two places came up for Cadets in business news. They approached me, I met the business editor at the time and I managed to get a job. It wasn’t where I thought I’d end up but when the opportunity came up I had to jump at it. I’ve stuck with it ever since. Do you think your law degree from Trinity gave you the skills you need to succeed as business news editor? Definitely. It’s a bit of a cliché but a lot of the Leaving Cert is about learning stuff off by heart, trying to predict what is going to come up and tailoring your study towards that, whereas I definitely think Trinity helped to develop my critical thinking; Law in particular more than Political Science. Studying law makes you flexible, you have to be able to argue from either side of the facts you’re given. That’s really given me the edge in my career. What advice would you give to someone who doesn’t want to go down the “traditional route” after their Law degree? Once you know what field you want to be in, think about what your entry route is into that profession. It may be that you have to do further study, you might have to go into a graduate programme. The key is figuring out your entry route, how you’re going to get in. It’s no harm if you get a chance to meet someone working in the industry you want and chat to them. I would encourage people to seek advice from someone in your target industry and to take their advice on board. Events like GradLink, run by the Law School, are a great opportunity and they give students the chance to meet people in different industries.
“The Youth Quake” – Changing Ireland Vote by Vote OLIVIA MOORE JF LAW AND POLITICS
One of the defining features of the Irish government and legal system is our use of referenda to amend the Constitution. Some view it as tedious, impracticable and even idiotic to provide direct participation to the presumably “uninformed” public in matters usually delegated to the government. However, most view it as a way in which citizen control over their own destinies is heightened, further enabling expression of personal beliefs and views. One cohort who have really come to understand and utilise referenda to their advantage is the under twenty-five age group. In regard to the recent referendum on the Eighth Amendment, the data overwhelmingly shows that young people came out in large numbers to support whichever cause they believed in. However, it is obvious that the victory of the pro-choice side was, in the words of Paul Murphy TD, “driven by young people and women”, demonstrating Ireland’s drift “from social conservatism to progressive liberalism”. In a 66.4 percent Yes majority, according to exit polls, almost ninety per cent of voters under the age of twenty-five voted in favour of the repeal of the Eighth Amendment. It seems a hunger for progression is stirring among the Irish youth. Furthermore, this appears to be a recent phenomenon, as although there was a much higher than average youth vote in the 50.28 percent Yes vote to remove the constitutional prohibition on divorce in 1995, it was even more prevalent in the 62.1 percent Yes vote to extend civil marriage rights to same-sex couples in 2015. In this referendum voters between the ages of eighteen to twenty-four registered 84 percent for the Yes side of the referendum. This is further confirmed in the result of the referendum on blasphemy, in which 69 percent of voters backed the proposal to remove the reference to blasphemy from the Constitution. Again a large portion of young voters supporting this cause. A definite sway towards progressive ideals can be identified in the increasing votes favouring liberal policies. Liberalisation in Ireland is stronger than it has ever been before, leaving the long-held teachings of the Catholic Church in its wake.
Recession, demanding politicians to take heed. But even since 2002, the Irish National Election Study (INES) shows that the national trend of turnout amongst young voters is on the rise. Schemes like the European Youth Parliament and Model United Nations, political youth wings, youth conferences and youth organisations could be a factor, as they encourage deliberation, debate and discussion with a view to politically educate young people. Also, universities in particular are hotspots for political action, fostering involvement through societies and a range of events. A final factor worth noting is that social media makes it easier for political ideas to spread, and for people to examine the issues facing society. No better example can be provided than the “Take Back Trinity” campaign which took place here on home soil. It is evident that young people appreciate the importance of the referendum and the direct power it gives us. It enables us to go beyond simply picking and choosing our representatives in Dáil Éireann. We ourselves, somewhat independently of authority, can decide what we require our set of authoritative codes to state. Young Irish people can, have and will change the law of our land to shape the Ireland that we want to see in the future. This spirit of political change is rarely more powerful than that amongst the young people of Ireland today.
How has this come about? After the 2015 referendum, it was clear that a new politicised generation had arisen out of the ashes of the Great The Eagle Gazette Volume 5 Issue 1 · 11
Interview with
Aoife O’Reilly a trainee at Allen & Overy and alumnus of TCD Law, by Kate Nolan
Why did you decide to study law? I don’t really remember why I decided to study law, but pretty early on in secondary school I knew that law would be the only thing on my CAO form. I was always interested in current affairs and politics, so I think that studying law appealed to me because I knew I’d be studying lots of interesting societal issues from a legal perspective. I was also a big fan of Ally McBeal and The Good Wife, so that may have had a role to play… What was your favourite aspect of studying law? I thoroughly enjoyed studying law. While lots of people think it is too academic and not practical enough, I think my favourite aspect of studying law was actually reading big constitutional law cases, like TD v Minister of Education and Sinnott v Minister for Education, and seeing how judges can come to such different conclusions on what the law actually means. And I enjoyed the fact that you were then asked to write essays where you had to justify what you would have decided. It really is an excellent discipline for developing critical thinking skills. What was your least favourite aspect of studying law? The reading lists! They could be fairly unwieldy. I used to split the reading lists with a few friends and we would all take notes on our various assigned readings that we would then share with each other, but even getting through my ¼ often felt like an impossible task in the weeks leading up to exams. If you could give your first-year self one piece of advice, what would it be? I would tell myself not to be worried about the fact that the grade I received for my first essay was pretty poor. I, like all first year law students at Trinity, had been used to doing well in school and getting good marks, so I was definitely a bit disappointed to get my first piece of work back. However, studying law is a bit like learning a new language or skill. It is craft, and it certainly took me a year to get my head around what lecturers were looking for, but I got there in the end. What did you do after graduation (further study, FE-1s, travel etc?) After graduation I went to the London School of 12 · The Eagle Gazette Volume 4 Issue 1
Economics and did an LLM (Masters in Law). I had really wanted to go to London, and lots of other people in my year were doing the same. I was lucky enough to get some funding, so it ended up being an easy decision. After that I stayed in London and got a job as a paralegal with Matrix Chambers. I then decided that I wanted to practice in the UK, so I did the GDL modules I needed to do (English Land Law and Public Law) and applied for training contracts in London. Why did you decide to work at an international commercial law firm such as Allen & Overy compared to other domestic commercial law firms? It was a tough decision, and I had done some internships at some great firms in Dublin, which I’d really enjoyed. I think my decision may have been partially influenced by the fact that I was already living in London at the time. I was really enjoying living there, and I could see that while Dublin was getting more and more international, London really was a massive international city. I was really impressed by Allen & Overy’s training programme and its international outlook-- the opportunities to do secondments in international offices around the world as a trainee is testament to this. I also felt that I would get exposure to different markets and areas of law at A&O. For example, in my first seat I was involved in lots of project financing projects in Africa, supported by development banks and institutions. I’m not sure I would have worked on a similar deal in an Irish commercial firm. I was also very much drawn to Allen & Overy because the pro bono projects that their lawyers, including trainees, get involved in are really impressive. I really enjoyed studying subjects like human rights law when at university, so being able to do human rights research and take part in various access to justice projects as an A&O trainee has been great, and not something I’m sure the domestic firms are offering just yet. What area of law do you most enjoy working with in Allen & Overy and why? I think litigation has been my favourite area of law so far. We advise on a whole range of commercial and regulatory issues, so I am constantly being asked to research niche areas of law, often with a international element. I always enjoyed reading the law and researching legal points when at university, so I really enjoy the legal research element of the job at A&O. At the same time as doing research, I will usually be assisting with the preparation of cases for courts and arbitrations as well, so my day is always very varied.
Credit: John Reynolds http://www.clickclickclick.net/
What advice would you give to a law student currently unsure of their career plans after they graduate? My advice would be to not worry too much about being unsure. I certainly didn’t know what I wanted to do when I graduated. There can be a tendency to think that it is end of the world if you don’t have a training contract in your back pocket by the time you get to graduation, but I completely disagree. Training contracts are big commitments, so it is no issue if you need to take some time to decide what is right for you. There is a wealth of information out there on careers websites and there are constantly interesting people visiting Trinity and careers events being held, so try to be proactive and inform yourself about what your options are, but I wouldn’t be concerned if you aren’t sure about what you ultimately want to do now. I didn’t start my training contract at A&O until I was 25, and I’m so glad that I gave myself the time to do further study and take up other interesting legal jobs. If you are certain that you want to be a solicitor or a barrister when you graduate, then that is great. But if you aren’t then it is definitely not worth stressing about. What are the particular challenges associated with working in an international law firm? I guess the time zone differences can be challenging. If you are trying to get a deal done in Turkey, for example, it may mean that you’ve got a pretty early start on the day a deal is signing or closing, because
chances are the client is going to want it done at 9am in their time zone! Often it will be my job to arrange meetings, so trying to navigate various time zones when you throw daylight savings into the mix can be difficult! Do you think that Brexit will have an impact on the workload of international law firms, in particular those specialising in transactions between the UK and the EU? Yes – Brexit will definitely have an impact, but I, like everyone else it seems, have no idea what impact it will have. I think it will generate a lot of extremely interesting advisory work for UK firms in the short to medium term anyway. After that, it will depend on how commercial entities decide to continue to conduct business. UK law is commonly chosen to govern international commercial contracts. Assuming that UK law continues to be popular with businesses, then international firms in the UK should still have plenty to do going forward. If you hadn’t chosen to study law, what career would you have pursued? I think I would have become a maths teacher. Maths was my favourite subject in school, and I really liked giving maths grinds when studying at Trinity, including as a tutor with the Voluntary Tuition Programme (VTP). I always found it so rewarding when students who used to hate maths started to enjoy it. The Eagle Gazette Volume 5 Issue 1 · 13
The Implications of the Childcare Crisis on Constitutional Rights THEA LAWLER SS LAW AND BUSINESS
Supporting parents with young children may be more than simply a question of fair policy on the part of the state, but rather an issue of upholding constitutional obligations. Basking in what some may call the return of the boom era, the government’s 2018 budget aims to solve what is, arguably, one of the biggest social issues in the country-- that of affordable childcare. Whereas other countries enjoy heavily subsidised childcare, the costs in Ireland are some of the highest in Europe, with Dublin parents paying on average €600 per month. Parents of children between the ages of 24 weeks and 36 months can currently avail of the €20 weekly universal childcare payment. However under the Early Childhood Care and Education Scheme, only those on net incomes of €22,700 or less can qualify for the full subsidy of €200 per week. Under the 2018 budget, this cut-off will rise to €26,000 in an effort to “poverty proof ” the scheme. Next year, when the changes are put into force, 7,500 children will qualify for the scheme for the first time, while an additional 40,000 will receive better subsidies from the government. This represents an attempt at a much-needed solution to the issue of expensive childcare. This issue, though seemingly benign, in actuality has huge social ramifications for women’s rights and for the poverty line which cannot be ignored. The escalating childcare costs have serious ramifications for the rights of women today - the high expense of childcare means that for many parents, it is simply not a financially viable option. Hence, the solution seems to be that one parent will stay at home whilst the other goes out to works, and because of the gender stereotypes embedded in our society, the stay-at-home role usually falls to the mother. The extremely high costs of having children, and the government’s unwillingness to assist financially, is effectively depriving women of choice. They cannot “have it all” - they must choose between having children and having a career. It may be argued that such an onerous decision breaches their constitutional rights. In Article 41.1.1 of the Constitution, the state binds itself to protecting the family as it is the “natural primary and fundamental unit group of society”. However, by not adequately supporting parents by providing affordable childcare, 14 · The Eagle Gazette Volume 4 Issue 1
the state is effectively disincentivising couples from having children, thereby breaching its constitutional promise. In fact, one may argue that the government is more interested in fulfilling their promise to “endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home” in Article 41.2. This provision is based around the archaic notion that women should not be working, or rather that they should only be working in the home. The government is inadvertently reinforcing detrimental gender roles by not providing parents with adequate support. The childcare crisis does not just affect caregivers but also affects children themselves. If the government fails to adequately fund parents in financial difficulties then those burdens are imposed on children children are the ones who feel the impact of not having enough food at home, not having sufficient school supplies and not receiving adequate care. According to Barnardos, 1 in 7 children in Ireland are lost in poverty, homelessness and neglect. It is the government’s responsibility to combat this crisis. In Article 40.3.1 of the Constitution, the state guarantees that it will respect, vindicate and defend the personal rights of every citizen, and this provision includes children. And surely children are most dependent on the state’s care, due to their inherent vulnerability and need for protection. It is not simply a question of waiting until children reach adulthood so they can work, contribute to society and fund their lives. The long-term psychological consequences of poverty in childhood are well-known, and a failure to give children proper educational support will leave them with lifelong disadvantages in terms of literacy and numeracy. If the state does not support children now, then in 20 years’ time, they will be faced with a much more problematic issue. Such support can be most effectively given by subsidising childcare and primary education. Whilst the improvements to the budget demonstrate a positive attitude, in reality it’s only a drop in the well with regards to the bigger issue. The government bears a sizeable responsibility to help make affordable childcare a reality for parents. This obligation is based on its role in combating social issues such as poverty and inequality, but it also has its roots in economics. Today’s generation of children will be tomorrow’s generation of workers. If the state expects an educated and efficient workforce for the future then it is imperative they make the financial investment now. If they want to reap the rewards in 20 years, they must sow the seeds today. The simplest and most effective way this can be achieved
is by providing affordable childcare. This is a duty the government must discharge to be economically efficient and to uphold the constitutional rights of its citizens.
Interview with Darragh Hyland Trinity LLB, 2013
Why Law? I studied Law in college because it felt like a good fit. I played a lot of sport growing up and I always enjoyed competing and challenging myself. I had a strong interest in English and public speaking in secondary school. I did the internship in McCann FitzGerald in the summer of my third year and I experienced first-hand what a typical day could look like in McCann FitzGerald. I also interned in another large professional services firms. Having compared experiences I felt confident that a career in a fast-paced and challenging legal environment would ultimately suit me best. By that stage, I was fortunate to have a traineeship offer from McCann FitzGerald and I had no hesitation in accepting it. Why McCann FitzGerald? During my internship, I was struck by the deeply committed and professional approach to work in McCann FitzGerald. You could sense that important and innovative projects were being undertaken and it was a privilege to be involved as an intern. The firm was very welcoming and supportive too. Colleagues were also friends, and I was convinced that McCann FitzGerald would be the best place at which to learn and progress.
Life as a Trainee in New York I have had an amazing time in New York so far – it really has been such a whirlwind! I thought crossing the Samuel Beckett bridge at 9 am in the morning was tough, but now I navigate Times Square on my
commute to and from the office! In New York, it really feels like we are on the frontline, representing both the firm, and the country more generally. Deal origination is very exciting, and I really enjoy discussing potential ideas with the team. I have learned about the value we can bring to US clients who are considering using Ireland as a base from which to access the European market, and because this seat is both a corporate and a banking seat, I have been exposed to a variety of exciting transactions.
Surrogacy in Ireland NATHAN O’REGAN SF LAW AND POLITICS
Surrogacy is seldom discussed in Ireland and at present we have no law governing the practice, Under current Irish law, a woman who gives birth to a child is considered to be the legal mother of that child. If they happen to be single, they are considered the sole parent and guardian of said child. If they are married to a man, the husband is considered the father unless proven otherwise by DNA evidence. This has been upheld by the Supreme Court. In the 2013 case of MR and DR v An t-Ard Chláratheoir, a couple donated their embryo to the woman’s sister so that she could act as a surrogate. Following the birth of twins, the donating woman wished to be recognised as the legal mother of the surrogate twins. The Court held that, as surrogacy wasn’t recognised under Irish law, only the birth mother could be registered as the legal mother of the twins. This is despite the fact that, genetically, the twins were the children of those who donated the embryo. Irish family law provides a few ways to gain guardianship of children. One way is that if someone is married or in a civil partnership with the parent of the child concerned, or has been cohabiting with the parent for more than three years, they may be eligible to apply for guardianship. Other conditions such as demonstrating a shared parental responsibility for the child’s day-to-day care and consent from all the guardians of the child may also be required, but the Court has discretion in deciding what is in the child’s best interest. It is evident that some form of legislation regarding surrogacy is needed to clear up this grey area in Irish family law. Many reports have called for this citing legal, ethical and social concerns regarding this matter. In 2017, the Government approved the The Eagle Gazette Volume 5 Issue 1 · 15
General Scheme of Assisted Human Reproduction (AHR) Bill. This was a huge milestone for surrogacy law in Ireland. This proposed legislation would allow for altruistic surrogacy in Ireland but expressly prohibits commercial surrogacy, similar to the law in the United Kingdom. Furthermore, the Bill requires that the surrogacy be gestational which means that the surrogate’s egg cannot be used to form the embryo. The Bill also proposes that a regulatory body be set up to authorise all surrogacy agreements and oversee the consent of all parties involved in the agreement. The prohibition on commercial surrogacy has received some criticism, but I believe it facilitates all couples having an equal chance to utilise AHR options regardless of their socio-economic background, and prevents financially vulnerable women being pressured into becoming surrogates. In my opinion, having a Regulatory Authority to oversee the process will lend a degree of efficiency and legitimacy. Furthermore, the requirement for the surrogacy to be gestational is appropriate. By requiring a ‘genetic gap’ between the surrogate and the embryo, it eliminates many grey areas as to who the ‘biological’ parent of the child is. If neither of the intended parents can donate the gametes required for the embryo, the Bill does allow for donors. I also believe the provision offering counselling to potential surrogates is a worthwhile inclusion in the Bill as it would help to ensure that the parties involved can give fully informed consent to participating in the process. Overall, I believe this Bill is an incredibly positive development in this area. That being said, I have a number of reservations about and criticisms of the Bill. The first is regarding the restriction of the women who may act as a surrogate, specifically that they must be between the ages of 25 and 47 and have previously given birth to a child. Surely if a woman is deemed eligible to give birth by a medical practitioner she should be allowed to act as a surrogate regardless of her age or inexperience. Moreover, the language of the Bill seems to erase the existence and needs of LGBT people. It makes frequent reference to the surrogate and her husband and fails to mention same-sex couples anywhere. This clearly problematic considering that surrogacy is one of the only options for same-sex couples to have a child. It should prove interesting to see how these issues will play out during the debates in the Dáil and Seanad. Nonetheless, this Bill will hopefully prove a major step forward in the area of surrogacy, as well as a range of others such as gamete and embryo 16 · The Eagle Gazette Volume 4 Issue 1
donation, assisted human reproduction and research, posthumous assisted reproduction, preimplantation genetic diagnosis of embryos and embryo and stem cell research. I look forward to seeing how this Bill will be debated and amended in the Houses of the Oireachtas, and we can hope that one day Irish families will have surrogacy as a safe and legal option here in Ireland.
Studying Law Abroad: Notes from Suzanne Flynn SUZANNE FLYNN JS LAW AND GERMAN
It is not often that a student of Law begins to miss studying case law and the common law system, but it is safe to say that after an intensive immersion in the Civil Law System, researching case law is something that is very sorely missed. The German Legal System is as one might expect, typically German, with rigid structures and very specific laws. The codified system encourages clear definitions and thorough clarifications and therefore requires intensive study to become well versed in each area of the law. The same of course can be said for the common law, although those cases are generally more vivid and easier to remember. What struck me initially when I began to attend lectures in Eberhard Karls Universität Tübingen, was the profound eagerness of the students to answer questions and contribute actively to the class. Lecturers employ the Socratic method and encourage participation very enthusiastically. It was somewhat frightening to experience this, as it is no secret that most Irish law students would much rather not draw attention to themselves in lectures. The philosophy of the law is constantly questioned by first-year students, who cannot wait to dive into the BGB – Bürgerliches Gesetz Buch (Civil Law Code Book). Their questions become more specific and bizarre as they ask how the law would apply in certain instances. However, their enthusiasm is something that I can learn from, as it is clear they get more out of the classes by actively participating. As an Erasmus student, an advantage of studying abroad is to meet people from all over the world as well as students from the host country. I am lucky enough to be in the company of a number of Italian students, all of whom enthuse about Ecclesiastical Law while downing Espresso shots all through
Interview with
Kevin FitzPatrick The Eagle’s Robyn Maher talked to recent Trinity Law Graduate Kevin FitzPatrick about his experience at King’s Inns
How has your experience at King’s Inns lived up to your expectations so far?
lectures. Comparing legal systems in each respective country with other Erasmus students is beneficial both socially and intellectually, as my interest in the legal systems of the world grows. The language is the most challenging component of studying law abroad for me. As part of the Law and German degree programme, we are required to spend a full year abroad in a German university studying Law purely through German. The German language itself is not the easiest to learn, and the German legal language is particularly challenging, but after just month of lectures, it has become easier and hopefully will continue to become more so. One of the most interesting things about studying Law abroad for me is studying EU Law from a German perspective. Given the political climate and Germany’s role in the EU, the lectures are compelling and invite students to do further research. The same goes for Human Rights Law, in which the evolvement of human rights is discussed at length, with Germany’s role in the first and second World Wars playing a part in the conversation. As a law student, I could not further recommend the Erasmus experience. Gaining a valuable insight into the legal systems of other countries is an extremely beneficial aspect of my degree that I know will serve me well as I continue my studies.
So far it’s absolutely exceeded expectations in pretty much every way. In terms of my general experience, it has been incredibly enjoyable so far. It’s not in fact too academic; it’s much more practice oriented, so it’s a lot less of just learning loads of statutes and case law and more teaching you how to be good barrister, which I’m finding really interesting. With regards the people I expected there to be a fair few insufferable ‘barrister’ types but all of the staff down the Inns are tremendous, my year group is lovely and the practising barristers I’ve come into contact with so far have been really willing to help. The workload itself is quite demanding to be honest, but I’m getting used to it and it’s nothing that can’t be done by putting in the hours. The extra curriculars, such as dining, have been such a great experience as well. There’s such a buzz for big dining nights and it’s great fun getting to dress up in your robes and have a fancy 3 course meal with your class, and with wine! What does your time at Kings Inns actually entail on a day to day basis? I’m doing the full-time course. On Mondays, we do court visits in the morning and then in the afternoon you have Irish classes-- don’t worry, there’s no exam!- and then either ethics or conveyancing depending on the week. The rest of the week will be focused around one topic, such as negotiating, drafting, sentencing and so on. There’s an earlier and a later group, with the early group in class from 09:00-10:45 and 13:30-15:15, the late group in from 11:00-12:45 and 15:30-17:15. You’ll generally have a good bit of reading to do during the break in the middle of the day, which is usually necessary to get the most out of the class-- and this time they mean it, it’s not like seminars. You actually really have to do the reading. The classes themselves are very interactive. They’re done in small class groups and involve a lot of participation. You also have to attend 5 dinings a semester, with the ‘benchers’, that is the members of the Superior Courts and Bar Council, in the marvellous dining hall. Traditionally, this was when you learned the law by talking to judges and barristers, but nowadays The Eagle Gazette Volume 5 Issue 1 · 17
entrance exams you can defer your place should you want to work for a year first and then you can work part-time during the year. So financially, it’s not as terrible as people make it seem. Again I do live at home though, so for those not from Dublin there is obviously an added cost. There is the option to do the 2 year part-time course, which would allow you to work during the week and then attend classes in the evenings and on weekends. This is much more financially feasible but obviously takes longer to complete and requires just as much perseverance having to devote your free time to studying.
there’s not so much learning involved. Nevertheless, it is a really interesting tradition and an entirely unique experience. The food and wine are excellent as well. Would you recommend getting any specific or particular experience before starting at the Kings Inns? Personally, I finished my finals in May of 2018, took a break and then studied for the entrance exams which are over 5 days in August. I passed and started in October. Some people have worked for a number of years, or decades, in various different fields before they decide to go to the Inns, so in that regard a law degree from Trinity is enough experience. Partaking in activities like moot courts and mock trials while at College is definitely helpful, as we have to do oral exams in advocacy. Yet that is by no means a requirement as you’ll be learning from the best at the Inns anyway. A great concern for many about Kings Inns is accessibility and the fees. Is it possible to balance working alongside studying there? The financial element can be quite a deterrent. I live at home in Dublin, which is obviously a massive benefit. I do work part-time on the weekends and other people will work in the morning before class and/or on the lunch-break and/or after class. The course alone can be quite exhausting at times, so working alongside can be quite draining, but it’s not impossible. In fact, most of the people in the year do work alongside studying in some shape or form. There are some scholarships available as well but only for a handful of students. If you pass the 18 · The Eagle Gazette Volume 4 Issue 1
The other financial worry again comes into play with devilling during your year-long unpaid pupilage. Traditionally you couldn’t work alongside this, but the Bar have eased up in this regard. However devilling is a full-time ‘job’, and an unpaid one, and working weekends would be seriously demanding. But not everyone who goes to the Inns goes on to practise and there are plenty of other great opportunities that the B.L Degree can create. Also it’s not like barristers do badly in the long run either. Sure, the lack of earnings in the short term is a concern, but you don’t hear of too many barristers going hungry. Overall, deferring or opting for the 2-year part time course are good options to help you cover the fees. What qualities do you think are important to possess when studying at the Kings Inns? This might sound strange - but friendliness, for one. The people in your class at the Inns will become your colleagues at the Bar and will help you make connections. You’ll get a lot of cases based on your reputation while practising, so making connections is definitely important. Further, the course is a lot easier if you can help each other through the workload. Again the course itself isn’t too academic so putting in the hours is more important than intellect. Being able to do your research will make you a good barrister, so it’s not entirely necessary to be a social butterfly; hard work will get you far and help build a good reputation in any profession. Public speaking is undoubtedly helpful and you really need to be able to contribute in class. Even being up for getting a drink after class, getting to know all of the people in your year, making the most of your dinings and not being afraid to ring up people to devil with and generally embarrass yourself would honestly be the important qualities to have. Your knowledge of the law from a Trinity law degree and studying for the entrance exams is more than enough to get you through the Inns in that regard,
the rest is just getting comfortable speaking in front of people, and there’s no particular rush with that. What would you say to those who are perhaps unsure if the Kings Inns is for them? Ask yourself: why did you choose to do a law degree and what do you want out of your career? The Inns is really enjoyable and you experience so many unique things and learn a multitude of great skills. The career options that it creates are, in my opinion, more rewarding than a grad contract. Outside of the Bar itself, the Inns is a great to way to get a professional legal qualification in a year if you want to end up working in, for example, academia or within the EU. The Bar itself then is obviously the logical career choice. If you actually want to make a difference in people’s lives or eventually get on the Supreme Court, or even work a job that’s not just paperwork 9am-7pm. Bar work is constantly challenging; there is always something new around the corner and realistically is what you probably imagined yourself doing when you signed up for law. Obviously, the financial concerns are fair but for many it should be possible to work around them. The Inns is such a fantastic opportunity and if you’re not the office job type or you’d rather be self-employed, you should really consider it.
The Social Section Trinity FLAC and TCDSU Student Sleep-out for the Peter McVerry Trust On October 18th, Trinity FLAC in association with TCDSU held their fourth annual Sleep-out in aid of the Peter McVerry Trust. Over 20 participants slept in front of Trinity’s Front Arch in an event that had the dual aim of raising funds for the Peter McVerry Trust while also allowing participants an opportunity to show solidarity with the homeless community and to deepen their understanding of the challenges faced by rough sleepers. The event started at 6pm, with participants gathering at Front Arch before dispersing around the college and to Grafton Street with buckets, to collect muchneeded money for the Peter McVerry Trust. The Lord Mayor of Dublin Nial Ring came down on the night to show his support, and we were joined briefly by Trinity Senator David Norris as well. The bucketshaking continued until after 11pm, at which point people began to settle down for the evening. It was a cold night, although thankfully the rain held off and everyone remained dry. It was clear that participants found the experience of sleeping out to be a sobering and challenging one, and that everyone recognised how fortunate they were being able to return home to a hot shower and a comfortable bed after their experience. Lord Mayor Nial Ring invited the Sleep-out participants and organisers to a reception in the Mansion House the following week. At this event, participants were given a tour of the Mansion House and had the opportunity to talk to the Lord Mayor as well as a representative from the Peter McVerry Trust. Trinity FLAC and the TCDSU are very grateful to all those who participated in or donated to the Sleepout. With the housing and homelessness crisis that is currently gripping this country, nobody needs to be reminded of the importance of the work done by charities such as the Peter McVerry Trust each and every day, and we were glad to be able to show our support for this incredibly worthwhile charity. By Caoilainn McDaid
The Eagle Gazette Volume 5 Issue 1 · 19
Ruth Negga Talk On Friday, October 19th, LawSoc welcomed Oscarnominated actor and Trinity alumnus Ruth Negga to give a captivating talk at Regent House. Negga has had an illustrious and varied career, from starring in TV shows such as ‘Love/Hate’ and ‘Agents of S.H.I.E.L.D.’ to her portrayal of the eponymous character in the recent production of Hamlet at the Gate Theatre. Negga took time out of her busy schedule to discuss her life and career, providing the audience with a fascinating insight into the world of acting, before giving those in attendance the opportunity to ask further questions in a Q&A session. From the moment that she began speaking, Negga’s sheer passion for the craft of acting was evident. She eloquently described how her career as an actor was a vocation and how she was drawn to it by seeing the importance that lies in the art of storytelling. This was a recurring element of the talk, as Negga frequently brought up the significant impact telling stories can have on the world. One such example of this is the movie Loving, a powerful portrayal of the famous 1967 U.S. Supreme Court case of Loving v Virginia, challenging the constitutionality of laws prohibiting interracial marriage. Negga spoke with typical Irish modesty about being nominated for an Academy Award for her performance in this film, but she did express how honoured she was to have been involved in the telling of this remarkable story. She also detailed how she prepared for this role, such as how she was given access to unreleased documentary footage of Richard and Mildred Loving to use as reference material. Negga then briefly discussed life in Ireland, commenting on how much Ireland has changed politically and socially since she grew up here. She explained that she was delighted to be back in Trinity College and how she had many fond memories of her time here. A highlight of the talk was Negga’s revelation that she had never bothered to visit the Book of Kells during her time studying at the college, although she promised that she’d get around to it soon. She then offered some wise advice to Trinity students: “dig in and own your space”. The Q&A section of the talk allowed for some thought-provoking questions, leading to Negga discussing the challenges of portraying Hamlet in the Gate Theatre, and her plans for the future. Her next project is a film called ‘Passing’, which delves into the themes of racism and gender inequality in America in the 1920s. It promises to be a riveting watch. She also mentioned her aspiration to become 20 · The Eagle Gazette Volume 4 Issue 1
a producer and do more work behind the cameras. Wherever the future holds, there is no doubt that Negga will face it with the same infectious enthusiasm which made her talk so enjoyable for all in attendance. Be it on the big screen or on the stage, Negga will continue telling stories that matter. By Feargus Campbell
LawSoc Masquerave The brightly-lit Pav shone like a beacon against a backdrop of inky darkness, its light flooding across Trinity’s rugby pitch. Excited chatter echoed all around, charging the air around us with electricity. Gowns sashaying, brogues clacking rhythmically on the pavement, bags of cans, and masks, of all shapes, sizes and colours. LawSoc’s annually Masquerave was upon us. Tonight was all about escapism: a chance to leave the law books aside, to get out of the city and to have an unforgettable time. The double-decker buses soon eased up to Nassau Street. More excited yelps as dozens of students lined up haphazardly to secure a seat. The bus was singing with energy-- quite literally. Everything from Irish country music to cringey pop hits, even a “Happy Birthday” got a rendition along the way. By the time we arrived at Location X an hour later, I was laughing so hard my eyeliner was beginning to smudge. Our secret destination was actually a not-so-secret destination: as predicted, Charleville Castle loomed ahead of us as the bus meandered through the Offaly countryside. Pulling through the wrought-iron gates, I gasped involuntarily. I had forgotten just how beautiful it was. Grey stone and domineering turrets, leafy surroundings, all illuminated by scintillating purple and indigo spotlights. Once in the ballroom I was plunged into darkness, surrounded by a sea of strangers in masks. But then the lights began to flicker and the music erupted, a euphoric burst of sounds as Dua Lipa’s “New Rules” hit its iconic chorus. Effervescent spectrums of colour danced across us. I looked up at the overwhelming architecture of the ballroom, illuminated by shades of magenta. The intricate carvings and imprints on the walls, a domed ceiling that simultaneously inspired wanderlust and made me feel incredibly small. People moved in synchronicity to the thundering rhythm of music, hands waving everywhere. It became like a strange game of hide and seek, as I pivoted my way through everyone, scrutinising
each person to see if I recognised the face under the mask. The music alternated between hits of cheesy goodness like Madonna’s “Hung Up” and raving tunes, catering to the tastes of all in the audience. It was as if I was spinning between two worlds, that of your archetypical Trinity law student, and a utopian Elysium of dance, laughter, colour and high fashion. Eventually, I needed to catch my breath. I descended the grand staircase and exited the castle. In a moment of relative peace, I was enthralled by everything around me: the skies and glittering stars, the tall trees and olfactory delights of cigarettes, cologne and pizza. Pizza. To my left, the glorious pizza van, masked students flocking to it like pizza was going out of fashion; hot, steaming slices fresh out of a stone-baked oven. Eventually, it was time for the dreaded trek home. But the party spirit refused to die. Even as the masses of freezing, gleefully inebriated and masked students climbed back onto the bus, the banter still ran wild. As we pulled away, I began to lull with sounds of the engine, catching myself dozing off out of sheer exhaustion. Without a doubt, LawSoc had elevated the event to even greater heights this year, never at any point failing to delight. Everything about the night was perfect. I just wished I could stay in the fairy-tale for a while longer, but as morning dawned, reality beckoned us back to the perennial rise and grind of law student life. By Orla Murnaghan
Talk on Friends of the Irish Environment v Fingal County Council On 17 October TCD FLAC, in collaboration with TCD LawSoc and TCD Environmental Society, hosted a talk on the Friends of the Irish Environment v Fingal County Council case. The speakers at this event were John Kenny BL, a specialist environmental lawyer who represents Friends of the Irish Environment, Orla Kelleher, a UCD PhD candidate whose research area is climate change law, Professor Peter Thorne, a leading expert on global climate change who was recently appointed co-ordinating lead author to the UN Intergovernmental Panel on Climate Change, and Fred Logue, a solicitor who worked on the Friends of the Irish Environment v Fingal County Council case. The first speaker on the night was Professor Peter Thorne, who gave a general overview of the current climate situation. He highlighted that there has been evidence of climate change since the 19th and 20th centuries, and as such that it is not necessarily a recent issue but one that has become exponentially more pressing in recent times. Professor Thorne spoke of the significance of the 2015 Paris Agreement and the importance of measures being put in place worldwide to contain the global rise in temperature. He linked the broader concept of climate change to specific events, particularly the heatwave we experienced in Ireland this summer, which was two times more likely due to climate change. This discussion of recent events that almost everyone in the room had personally experienced brought home the reality of climate change for the audience. Professor Thorne spoke of the fact that one of the issues with climate change is that it is a slow car crash, and as such doesn’t receive the immediate and heightened attention that such a potentially disastrous problem deserves. He elaborated on this point by discussing the use of financial instruments to ensure that the issue is tackled. His final note was that the issue of climate change is fundamentally about what world we want to leave to future generations and how willing we are to take the difficult steps to achieve this. The second speaker, Fred Loake, spoke more specifically about the Friends of the Irish Environment v Fingal County Council case. In this case, Friends of the Irish Environment challenged the decision of Fingal County Council to issue a five-year extension to the Dublin Airport Authority for their planning permission to construct a new runway. The ten years originally granted for the planning permission had expired as a The Eagle Gazette Volume 5 Issue 1 · 21
result of insufficient funds due to the 2008 financial crash and the recession that followed. Friends of the Irish Environment claimed that with another runway there would be far more pollution, and that this would damage the environment. As such, they argued that construction shouldn’t go ahead due to the fact that the public has a right to a clean environment. While the High Court declined to grant any of the relief sought by the plaintiffs as they had failed to assert a viable claim for standing, Mr Loake asserted that the case can be seen as a huge positive in the area of the judicial approach to climate change. This is because the High Court judgement recognised a ‘personal constitutional right to an environment’ under the Irish Constitution. Mr Loake highlighted the fact that this case shows that the ‘little guys’ can take on the ‘big guys’ and succeed, and encourage all the future lawyers in the room to recognise the importance of bringing cases which can change the world we live in. The third speaker on the night, Orla Kelleher, spoke about the importance in regard to climate change and environmental law of reconceptualising human rights. She drew attention to the fact that over 100 countries have implicitly or explicitly recognised right to clean environment, and that there are currently over 1,000 cases that have been taken to court globally relating to climate change. One such example of this international climate litigation is the 2015 Urgenda Climate Case against the Dutch government, which was the first case worldwide in which citizens held their government accountable for contributing to climate change. With the Dutch High Court ruling in favour of Urgenda, the government has been forced to take more effective action on climate change.
to whether it can ever be meaningfully engaged. Mr Kelly suggested that it would be appropriate for cases related to climate changed to be pleaded against both the state and individuals, primarily corporations. He noted that with the recognition of the right to an environment comes the responsibility to avail of this right, as we all have a collective obligation to protect our environment. Following the informative and engaging speeches of the four panellists, the audience participated in a questions and answers session, which highlighted the interest of all those in attendance in the issues that had been discussed. The talk was both sobering and inspiring, and hopefully will encourage everyone who attended to think about the part they can play in tackling climate change and safeguarding the future of the planet. By Caoilainn McDaid
The Rise of Illiberal Authoritarianism in Europe in Association with the IIEA
Ms Kelleher also spoke in strong language of the Friends of the Irish Environment v Fingal County Council ruling’s potential to support future cases in this jurisdiction. Specific mention was given to the upcoming case due to be heard in January 2019, in which Friends of the Irish Environment are seeking to hold the government accountable for its role in knowingly contributing to the dangerous levels of climate change we are currently experiencing.
On the 26th of October 2018, The Institute of International & European Affairs (IIEA), in association with Trinity Research in Social Science, presented its talk on whether the EU was responsible for the Decline of Democracy and the Rise of Illiberal Authoritarianism in Europe. This talk was the next in the distinguished series on Populism and the Challenges to the Liberal Order. The talk was joined by Professor Grainne de Burca of the New York University School of Law. The talk, however broad in scope, focused on the developments that has allowed authoritarianist governments to grow and key questions of whether the structure, function and response of the EU to national concerns has given rise to Illiberal democracies throughout Europe.
The final speaker on the night was John Kelly, one of the barristers who represents Friends of the Irish Environment. He spoke in more detail about the Friends of the Irish Environment v Fingal County Council case, notably on the reasons why it failed in court and also on the impact the judgement may have on future cases. He highlighted the cautionary note of Mr Justice Barrett, in that there was no identification of how the right to an environment could be engaged in Irish courts, indeed the question still remains as
Professor de Burca traced the recent rise of the illiberal democracies in Europe to the Maastricht Treaty—which was the beginning of the European political project, and a shift from the Economic integration that was espoused by the original European Economic Community. In particular, from 2007, it was expressed that the EU faced a number of crisis which undermined its faith among member citizens and its ability to respond to national concerns—from the banking crisis, the global
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recession, the refugee crisis and the rise of the far right. Examples of illiberal European democracies were given through Poland and Hungry, particularly Prime Minister Orban of Hungry who’s government has consolidated power and created a de facto authoritarianist regime. Professor de Burca explained the sets of developments that has occurred throughout Europe giving rise to Illiberal democracies in the EU. First, Professor de Burca noted the popular rise of Euroscepticism and the disenfranchisement of European citizens towards the EU—both on the political left and right. In particular, the rise of right-wing Euroscepticism was traced from the beginning of the Maastricht Treaty to current iterations in the United Kingdom, Hungry and Poland. Euroscepticism presents itself through a belief that the EU seeks to dilute national sovereignty, as well as an opposition to growing immigration trends. It was expressed that Euroscepticism is essentially a regional manifestation of an international movement of an opposition to globalisation and economic integration. Right-wing Euroscepticism manifested practically from the recent decision of the United Kingdom to leave the European Union. Furthermore, it was submitted that the rise of the far right, particularly in Germany and Hungry, has provided the incentive for centre-right political parties to re-position themselves further right in order to capture the populist support for far-right policies and objectives. It was expressed that the far right had successfully re-framed itself as the guardians of European civilization and had learned from its past. The rise of the new far right had been exacerbated by the refugee crisis, shifting the Overton window of acceptable political discourse. The new far right has also managed to successfully capture the populist policies of the political left—in particular, the support for re- distributionism and a distrust of the political class. Lastly, opposition to economic neo-liberalism has spread the growth of illiberal ideologies in Europe. The EU, it was argued, is essentially a project of market integration and a regional example of global capitalism. The new populist right in Europe has framed this dichotomy in terms of globalisation verses economic nationalism. Consequently, the populist argument considers that economic neoliberalism undermines national society and helps the world—which need to be counter-balanced by growing tariffs, protection of national industry, and a reduction of immigrant labour workers.
organisational structure and how its esoteric culture and slow responsiveness to the big issues has given rise to Illiberal democracies throughout Europe. The democratic deficit of the EU has been a major concern. Specifically, because the EU is not a proper functioning democracy and there is distrust in the ability of member citizens to make changes to how the EU functions and the laws it creates. Furthermore, it was demonstrated that the EU has lacked a coherent response to immediate concerns and crises, resulting in the distrust of the EU and creating a backlash against its institutions. Moreover, it was indicated that the EU challenged democracy through its support of Executive Dominance—empowering Ministers and Councils to create the key decisions and taking the power from national parliaments. The secrecy of the EU, its technocratic culture, and its prioritisation of economic integration over social objectives has enflamed the critiques aimed against this organisation. Professor de Burca conveyed that the EU was not ultimately responsible for the rise illiberal democracy, but it must do more to gain public trust and accountability. In particular, the EU needs to respond adequately to the social, political and economic concerns of member nations. The EU should set an example of transnational co-operation to the world, and represent a humane form of globalisation which also respects the sovereignty of all nations. The talk provided a broad overview of the current geo-political dynamic in Europe, and the conflicts that have been presented between the EU and member states. The talk was followed by a lively Q & A about how the EU can resolve itself to provide for the concerns of member citizens and its role in the future. The talk concluded on the assessment that the EU still has a future to play in Europe— but as long as it appreciates its shortfalls and democratic deficit, and addresses the concerns of member nations and citizens. By Tasin Islam
The second half of the talk pertained to the EU’s The Eagle Gazette Volume 5 Issue 1 · 23
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The Eagle: Trinity Law Gazette Volume 5, Issue 1
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