Bar Council Annual Report 2014/2015

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COMMITTEE REPORTS THE BAR COUNCIL ANNUAL REPORT 2014 | 2015

PROFESSIONAL PRACTICES COMMITTEE Committee members Patrick McGrath SC (Chairman) Sean Guerin SC Paul McGarry SC Dominic McGinn SC Sara Moorhead SC Eanna Mulloy SC Ronan Murphy SC Shane Murphy SC Colm O’Dwyer SC Ronnie Robins SC Eileen Finn BL Elizabeth Gormley BL Grainne Larkin BL Eoin Lawlor BL Imogen McGrath BL Lalita Morgan Pillay BL Yvonne Mullen BL Lauren Tennyson BL

The Professional Practices Committee (PPC) seeks to ensure that barristers act in accordance with the ethical and professional principles set out in the Code of Conduct of the Bar of Ireland. The PPC gives advice to barristers, usually upon request, as to whether or not a proposed course of action is consistent with the Code of Conduct. The committee also seeks to resolve allegations of misconduct made by one barrister against another. The Committee cannot make a finding that a barrister is guilty of professional misconduct. Where credible information is brought to the attention of the Committee, which suggests that a barrister might have acted in breach of the Code, the Committee will investigate the matter to determine if the barrister has a case to answer. If there is a case to answer, the complaint will be referred to the Barristers' Professional Conduct Tribunal, a body wholly independent of the Bar of Ireland. This Committee, which has a majority of non-barrister members, will consider the complaint and decide whether or not the barrister has breached the Code. The Committee can be a complainant to the Barristers’ Professional Conduct Tribunal on its own initiative.

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The Committee is also responsible for the prosecution of charges alleging professional misconduct, which, due to their particularly serious nature, are referred to the Honorable Society of King’s Inns. The work of the Committee consists of: requests for guidance from members on which rulings are made; and, some litigation and projects undertaken by the Committee as a result of issues that arise concerning ethical behaviour at the Bar.

Current projects The key current projects include: 1. Review of the Code of Conduct. A sub-committee was formed, chaired by Eoin McCullough SC. This review has involved a substantial amount of work and a final report is expected by the end of the legal year. 2. Review of the governance, role and operation of the Committee. A discussion paper and draft Terms of Reference are before the Committee. 3. A database of frequently asked questions and previous rulings of the Committee is under construction.


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