Category: Irish Law

So, does Irish law now recognise a journalist source privilege?

| 5 Comments
| ECHR, Freedom of Expression, General, Irish cases, Irish Law, Irish Society, Journalists' sources, Law, US Supreme Court

The Four Courts, by Darragh Sherwin, via Flickr.As I wrote in my previous post, the Supreme Court in Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009) (also here (pdf)) allowed the appeal against the decision of the High Court in Mahon v Keena [2007] IEHC 348 (23 October 2007). Fennelly J delivered the judgment of the Court, in which Murray CJ and Geoghegan, Macken and Finnegan JJ concurred, and its effect is that two Irish Times journalists could decline to answer questions about their sources (unsurprisingly, there is a lot of coverage in that paper: see here, here, here, here and here).

1. Introduction
There are at least three important aspects to Fennelly J’s decision. The first relates to his almost exclusive reliance on the European Convention on Human Rights (ECHR), rather than the Irish Constitution. The second relates to his approach to the issues in general and to his treatment of the High Court judgment in particular: in short, he felt that the High Court had overstated the balance against the appellants. And the third relates to what he had to say about the nature of a journalist source privilege: in short, he preferred to avoid such language in favour simply of a balancing test.…

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Supreme Court allows journalists’ appeal

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| Freedom of Expression, Irish Law, Journalists' sources

Irish Times clock, image originally hosted on Irish Times websiteThe Supreme Court has held that two Irish Times journalists can assert a privilege to refuse to answer questions about their sources, reversing the High Court decision in Mahon v Keena [2007] IEHC 348 (23 October 2007). From the Irish Times breaking news website:

Court upholds Mahon appeal

The Supreme Court has upheld an appeal by Irish Times editor Geraldine Kennedy and public affairs correspondent Colm Keena against a court order requiring them to answer questions from the Mahon tribunal about the source of an article about former taoiseach Bertie Ahern. …

Revised: The decision is also noted by Cian on Blurred Keys and is now avaialble as Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009); it is also here (pdf) on the Irish Times website.

See also the Belfast decision in the case of Suzanne Breen and a decision of the Supreme Court of Western Australia earlier this week, both reaching similar conclusions.…

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Seeing justice done?

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| Cinema, television and theatre, Irish Law, judges, Media and Communications, UK Supreme Court

The Supreme Court at the Guildhall, by Stephen Wiltshire via his siteAs the slow march towards a new Supreme Court for the UK nears its destination, the Times has a piece about its newly refurbished premises:

The United Kingdom’s new Supreme Court will open its doors for business on October 1, with the first inbuilt facilities in Britain for broadcasting in court. … Broadcasting and internet arrangements are still to be devised but the three courts (two for the Supreme Court, one for the judicial committee of the Privy Council) can be filmed, a first in England and Wales.

As the BBC story on the completion of the refurbishment emphasises, the “decision to televise events from inside the court’s three chambers is a first for England and Wales”. And the Guardian quotes Jenny Rowe, the Court’s Chief Executive as saying that they are “in advanced discussions with broadcasters about the material they will want to use … If broadcasters wish to show it we will make it available”.

I think that it is a splendid idea. As the Canadian blawgs Slaw and the Court point out, since February 2009, the Supreme Court of Canada has provided live streaming of oral arguments and judges’ questions in authorized cases. The whole experiment is working well, and doing the same in the UK is an excellent development.…

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Dress codes – who’ll be the judge?

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| Court dress, Irish Law, judges

Judge John Deed, from the BBC websiteI have already written on this blog about reforms to judicial dress in England and Wales (the image on the right is a well-known example of the previous judicial court dress). Now comes news that Ireland may follow suit. From today’s Irish Independent (with added links):

Fashion guru revamps judges’ robes

Fashion guru Louise Kennedy has been commissioned by the Chief Justice to create an unprecedented new range of designer robes for the country’s judges. Samples of the robes were unveiled last week by John Murray, the Chief Justice, during a judicial training day in Adare, Co Limerick. … it is feared that the cost of the inaugural judicial makeover could lead to the project, the brainchild of Judge Murray, being put on hold until the public finances improve. …

The last effort to change judicial attire occurred in the mid- 1920s when Hugh Kennedy — the first Chief Justice of the Irish Free State — sought to break from away from the English tradition by introducing an exclusive Irish range of robes. According to Judge Kennedy’s papers, there is correspondence on the planned design of judicial robes between Kennedy, William Butler Yeats and printmaker Charles Shannon. But the project did not attract political approval.

…

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Creative Commons in Ireland: Cimín Cruthaitheach in Éireann

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| Copyright, Digital Rights, Irish Law, Language

Creative CommonsThere is a tension at the heart of creativity. On the one hand, I might be moved by the muse to write/paint/create something interesting (I know, if you’ve read anything on this blog, you might wonder if that muse has ever struck, but bear with me). If I am, the law is likely to reward me for doing so by giving me a copyright (or similar intellectual property right) in what I have written/painted/created. On the other hand, the muse might strike you in such a way as to develop what I have done (entirely plausible, if you ask me), but my copyright protection can make this hard for you. You could email me and ask me if I’d let you do it, and I’d probably say yes. But now, multiply this a million million fold, to take into account everyone who has copyright and everyone who wants to develop a copyrighted work. Asking for individual permission every time becomes a logistical nightmare. So, Creative Commons has filled the gap, by drafting licences which any copyright holder may use to determine how others may exercise their copyright rights. If you look below the last post at the bottom of this page, you will see that I use just such a licence to allow you to use and share the contents of this blog, provided that you do so for non-commercial reasons and give me an attribution.…

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Plans for an Irish Court of Appeal?

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| Irish Court of Appeal, Irish Court of Appeal, Irish Law, Irish Society, judges, Politics

Four Courts dome, detail of an image via wikipediaSome time ago, in a similarly titled post, I discussed the establishment of a committee chaired by Ms Justice Susan Denham of the Supreme Court which was to consider the necessity for a possible new Court of Appeal. I thought it a good idea then, and still do now. According to Carol Coulter in today’s Irish Times, the Government has just received the committee’s report:

Logjam in Supreme Court appeals not serving justice

ANALYSIS: Too few judges hearing appeals and a recent proliferation of lay litigants means judgment delays of years, writes Carol Coulter

… the need for a Court of Civil Appeal to hear most appeals from the High Court, leaving the Supreme Court to deal with constitutional cases and those involving fundamental points of law, … arises from the increasing volume of cases going to the Supreme Court, resulting in lengthy delays. There can be up to three years’ delay in a case appealed from the High Court getting a hearing in the Supreme Court.

…

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The liability of rescuers

| 3 Comments
| Irish Law, Irish Society, Restitution

Courtoons cartoon.The Law Reform Commission last night (pdf) launched its new Report on The Civil Liability of Good Samaritans and Volunteers (pdf), following up on its November 2007 Consultation Paper (pdf) on the issue.

The Common Law does not recognise a duty to attempt a rescue, even where the rescue would be relatively easy, and the Commission recommended against imposing one by statute. However, where a rescuer feels compelled to attempt a rescue, the Commission’s recommendations cover the duty of care owed by rescuers to those being rescued. …

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