Disturbing Developments in Criminal Justice in Ireland

All persons and authorities within the state, whether public or private, should be bound by, and entitled to, the benefit of laws publicly and prospectively promulgated and publicly administered in the courts. Lord Bingham, ‘The Rule of Law‘, Sir David Williams Lecture, Cambridge, 2006. I have written extensively about the whittling away of due process … Read more

Weighing up Ireland’s Hate Crime Law

The new so-called Hate Crime Bill [Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022] in Ireland has generated quite a furore, including outright condemnation by Elon Musk, who described the measure as a “Massive attack on freedom of speech.” It has also been branded “insane” by Donald Trump Junior, which was … Read more

Reform of Defamation Law in Ireland

Irish Times journalist Naomi O’Leary wrote an article recently commenting on how journalists are curtailed in what they can write by the threat of defamation actions, which contributes to an omerta or code of silence, undermining free speech. This leads to self-censorship, dictated by fear of suit. But the Irish Times trust also appears to … Read more

Irish Prison Service Whistleblower: The Strange Story of Sean O’Brien

To meet ex-prison officer Sean O’Brien for the first time I drove through a sparse landscape of family homes, outside the town of Clara in County Offaly. Miles of narrow roads ran through cold and wet pasture, bog, and occasional patches of woodland, typical of the Midlands. We had been in touch over the phone,after … Read more

60 Bucks for Life

“You have no appointment.”   I’d emailed, left messages, and read their mission statement: To free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone.  No. I have no idea what I’m doing, but I’m doing it. Walking downtown to the office of The Innocence Project in Manhattan. On my … Read more

War Crimes: Collective Guilt

As events in Ukraine demonstrate, ineluctably, war diminishes our humanity, possessing men – and mostly men – of a callous disregard for life, and a capacity for often inexplicable cruelty. As such, the invasion of one state by another without a casus belli – as we have witnessed in Russia’s essentially unprovoked invasion of Ukraine … Read more

The Fog of Law

You enter here a taut quintet Where theorists can shift or shape How we make sense of market flow; How men and how it’s mostly men, Explain the ways our commerce works. No Flash of insight, more a slow Encroachment that in turn creates Our understanding how by stealth New certainties of common sense Construe … Read more

Socio-Economic Rights Must Be Vindicated

The noted American historian, and Putin critic,Timothy Snyder’s recent text Our Malady: Lessons in Liberty and Solidarity (2020) is a cri de coeur against almost non-existent healthcare rights in the U.S. – which the pandemic brought into sharp focus. The cossetted Yale professor saw the light, as his country failed to cope. Our Malady is … Read more

Does Ireland still have a Problem with Whistleblowing?

Over the past few years, a broad consensus has emerged that in Ireland providing adequate protections for whistleblowing, and whistleblowers, is a lot more difficult to achieve in practice than in theory. In many fields, extreme real life consequences for a brave decision to go public with revelations of wrongdoing have been apparent. The protections … Read more