Bar of Northern Ireland

Last updated

The Bar of Northern Ireland
Predecessor Bar of Ireland
Formation1926
Type Bar association
PurposeEducational, representative and regulatory
Professional title
Barrister
HeadquartersThe Bar Library, 91 Chichester Street
Location
  • Belfast, Northern Ireland
Region served
Northern Ireland
Chair
Moira Smyth
FundingProfessional and educational fees
Website www.barofni.com

The Bar of Northern Ireland is the professional association of barristers for Northern Ireland, with over 600 members. It is based in the Bar Library, beside the Royal Courts of Justice in Belfast, together with the Bar Council of Northern Ireland (the professional body of the members of the Northern Irish Bar) and the Executive Council. [1] [2] The Executive Council has taken on many of the functions formerly exercised by the Benchers of the Inn of Court of Northern Ireland, [3] which was established at a meeting of the Bench and Bar held on 11 January 1926.

Contents

Relationship with the Bar of Ireland

The Bar of Ireland Headquarters, Dublin Bar Council of Ireland, Dublin.JPG
The Bar of Ireland Headquarters, Dublin

Before the partition of Ireland, barristers throughout the island of Ireland were trained at the King's Inns and were members of the Bar of Ireland. The Government of Ireland Act 1920 split Ireland into two legal jurisdictions, and after 1922, Northern Ireland became a separate legal system. [4] [5] [6] The King's Inns initially hoped partition would not end its all-island remit, and it set up a "Committee of Fifteen" Northern Ireland benchers in 1922. [7] However, this committee sought more independence, and from 11 January 1926, the Inn of Court of Northern Ireland [8] and the Bar Council of Northern Ireland were created. [9]

Practising members of the Bar of Northern Ireland are eligible to join the Bar of Ireland without taking any further exams. Practising members of the Bar of Ireland have a reciprocal eligibility. [10]

Development of the Bar of Northern Ireland

The profession of barrister has been in existence in Ireland since the arrival of the common law system in the 12th century, [11] and co-existed with the profession of aigne [12] until the abolition of the native Brehon law system in approximately the 17th century. [13]

In 1541, the Honorable Society of King’s Inns was established on what is now the site of the Four Courts. This meant that Irish barristers could now train within Ireland, albeit with an obligation to keep terms in one of the Inns of Court in London. This requirement was costly to Irish barristers and was a contentious issue until it was abolished by the Barristers’ Admission (Ireland) Act, 1885. [11]

The regulation of barristers in Ireland increased during the 18th century. The Benchers of the Honorable Society of King’s Inns was the profession's de facto governing body. Originally, the Benchers consisted of the Lord Chancellor, the judges of the superior courts, some senior officers of the superior courts and all the senior members of the Bar, including the Attorney-General, the Solicitor General and the three Serjeants. The Benchers had the power to censure or disbar barristers. [11]

At a meeting of the Irish Bar in February 1816, the Law Library Society was established for the purposes of providing a subscription-based lending library of legal texts to practising barristers. This led to the development of the Law Library as a distinctive feature of the Irish Bar whereby members of the Bar practised not from chambers but from a common library to which they subscribed. [11]

The General Council of the Bar of Ireland was established following a meeting of the Irish Bar in 1897. [14] [15]

From 11 January 1926, the Inn of Court of Northern Ireland [8] and the Bar Council of Northern Ireland were created. [9]

The present constitution was adopted on 5 October 1983, and also governs the Bar of Northern Ireland and the Bar Council. [6]

For many years the Inn of Court of Northern Ireland was a rather theoretical body, lacking as it did the physical premises for social and professional interaction provided by the comparable Inns of Court in London or the King's Inns in Dublin. The redevelopment of the Bar Library, officially opened by Her Excellency Professor Mary McAleese, The President of Ireland, on 29 April 2005, to provide not only enhanced library facilities but also suitable rooms for Continuing Professional Development, meetings, dining and receptions, has afforded the Inn the means of providing the Northern Irish Bar with the reality of association it had hitherto been lacking. [16]

Barristers' chambers

The King's Inns The Honorable Society of King's Inns (HSKI).jpg
The King's Inns

Unlike some other jurisdictions, there is no system of barristers' chambers in either jurisdiction in Ireland. Rather, most barristers in Northern Ireland practice from the common Bar Library and most in the Republic of Ireland practice from the common Law Library; in each case, barristers pay a subscription to be members. [11] [17]

Until 1885, all intending Irish barristers were obliged to "keep terms" in one of the English Inns of Court before being called to the Bar of Ireland and being entitled to practise as barristers in Ireland. Following on from these close historical links to the English Bar, for much of the nineteenth century it appeared that a system of barristers' chambers would develop in Ireland. [18]

Initially, the benchers of the King's Inns (which trained barristers in Ireland) made plans to build chambers for Irish barristers, in the vicinity of Dublin's Henrietta Street. From about 1793, the benchers went so far as to decide to have chambers built, funded both by the King's Inns and by barristers who would lease building land from the benchers for their own chambers. Deposits were levied annually from new barristers and solicitors, and rules were even agreed by the benchers for the regulation of tenancies by Irish barristers in chambers. However, despite this levying of the profession, following practical objections raised by the architect James Gandon concerning the difficulty of building the main King's Inns building at the same time as private chambers, the barristers' chambers were never built. [19] To this day, no system of barristers' chambers has ever been developed in Northern Ireland or the Republic of Ireland. [20]

Notable barristers

Frances Kyle, the first woman barrister in Ireland Frances Kyle.jpg
Frances Kyle, the first woman barrister in Ireland
Mary McAleese, barrister and former President of Ireland Diarmuid Hegarty, President of Griffith College with Mary McAleese, President of Ireland (cropped).jpg
Mary McAleese, barrister and former President of Ireland
Edward Carson, barrister and Irish unionist politician Sir Edward Carson, bw photo portrait seated.jpg
Edward Carson, barrister and Irish unionist politician

Distinction between senior counsel and king's counsel

Senior counsel and king's counsel are effectively the same, in that they are honours given to certain barristers who are called to the Inner Bar in recognition of their experience and expertise. [30] [31] The distinction is that some jurisdictions (the UK and some Commonwealth countries) use the king's counsel title, whereas others use the senior counsel title.

Barristers who are called to the Inner Bar in Northern Ireland are called king's counsel. [32] This has been controversial for some Northern Irish barristers who object to swearing an oath of allegiance to, or declaring that they will serve, the British monarch. [33]

Eventually, a workaround was found by Philip Magee, a barrister who practiced in both the Republic of Ireland and Northern Ireland. He was called to the Inner Bar in the Republic of Ireland as senior counsel, having received confirmation from the Lord Chief Justice of Northern Ireland that he would thereafter enjoy the same rights and privileges as a king's counsel in Northern Ireland. [34] However, this option is only available to Northern Irish barristers who have also been called to the Bar of Ireland, have the requisite experience and meet the criteria for being called to the Inner Bar in the Republic of Ireland. [35] [36]

See also

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References

  1. ↑ "Visiting the Bar Library | the Bar of Northern Ireland".
  2. ↑ "Contact | the Bar of Northern Ireland".
  3. ↑ in full, the "Honorable Society of the Inn of Court of Northern Ireland"
  4. ↑ Government of Ireland Act 1920
  5. ↑ Diarmaid Ferriter (2019) 'The Border: The Legacy of a Century of Anglo-Irish politics', Chapter 2: An Entrenched Partition
  6. 1 2 "Constitution | the Bar of Northern Ireland".
  7. ↑ Osborough, W. N. (Spring 1972). "Law in Ireland 1916–26". Northern Ireland Legal Quarterly. 23 (1): 53–54.
  8. 1 2 Governed by the Benchers of the Inn, comprising all the Judges of the Supreme Court, the Attorney General and at least nine practising members of the Bar of Northern Ireland
  9. 1 2 in full, the "General Council of the Bar of Northern Ireland"
  10. ↑ Rules of the Honorable Society of the Inn of Court of Northern Ireland: With regard to the admission of students into the society and to the degree of barrister-at-law (Version 3.0), Section 16: Call of members of the Bar of Ireland to the Bar of Northern Ireland
  11. 1 2 3 4 5 "History of the Law Library".
  12. ↑ Kelly, F. (2016) 'A Guide to Early Irish Law, DIAS: Dublin, pp 55-56
  13. ↑ Kelly, F. (2016) 'A Guide to Early Irish Law, DIAS: Dublin, pp 260-261
  14. ↑ ILT & SJ Vol. 32 p. 274 (12 June 1897)
  15. ↑ ILT & SJ Vol. 31 p. 308 (3 July 1897)
  16. ↑ "President praises NI barristers". The Irish Times .
  17. ↑ "The Bar of Northern Ireland | the Bar of Northern Ireland".
  18. ↑ Kenny, Colum (1996). Tristram Kennedy and the revival of Irish legal training, 1835–1885. Dublin, Ireland: Irish Academic Press in association with the Irish Legal History Society. ISBN   0-7165-2591-7.
  19. ↑ "1816 – the Honourable Society of Kings Inns, Henrietta Street, Dublin". 7 April 2010.
  20. ↑ "History of the Law Library".
  21. ↑ Keena, Colm. "First women called to the Bar of Ireland to be commemorated". The Irish Times. Retrieved 12 November 2021.
  22. ↑ O'Regan, Ellen (1 November 2021). "Bar of Ireland marks 100 years since first female barristers". Irish Examiner. Retrieved 12 November 2021.
  23. ↑ "Centenary honours first women called to Bar of Ireland". 1 November 2021.{{cite journal}}: Cite journal requires |journal= (help)
  24. ↑ FUSIO. "Celebrating a Century of Women at The Bar". Law Library. Retrieved 12 November 2021.
  25. ↑ "Frances Kyle and Averil Deverell: The Irish women who raised the bar". BBC News. 7 November 2021. Retrieved 12 November 2021.
  26. ↑ Ireland, Office of the President of. "The President Mary Mcaleese". president.ie.
  27. ↑ webmaster, Supreme Court. "The Chief Justice". www.supremecourt.ie.
  28. ↑ "Edward Henry Carson, Baron Carson | Anglo-Irish politician | Britannica".
  29. ↑ "Carson: The man who divided Ireland". 14 February 2013.
  30. ↑ "Barristers".
  31. ↑ "How to Become a Queen's Counsel Barrister".
  32. ↑ "What do Barristers do? | the Bar of Northern Ireland".
  33. ↑ "Legal battle over oath to queen raises important questions for the North after Belfast Agreement". The Irish Times .
  34. ↑ "NI barrister makes legal history". The Irish Times .
  35. ↑ Legal Services Regulation Act, 2015, Part 12
  36. ↑ "Applications for Senior Counsel".

Sources

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