Law - Enforcement for Public Bodies

Start Date
Tuesday 24 October 2023 at 6:00 PM

€1,725

https://www.lawsociety.ie/productdetails?pid=2829

Application information
The closing date for applications for this course is 10 October 2023. To apply for this course please follow the instructions in the course webpage - via link below.

Programme objectives
On completion of this training programme, participants will:

Understand the rationale for regulation and the regulation landscape

Be aware of the phases in the regulatory cycle

Improve drafting skills when crafting letters of instruction/enforcement notices

Draft and critically evaluate enforcement notices

Analyse the importance of providing detailed reasons for enforcement action

Develop an understanding of the consequences that flow from poorly drafted notices

Examine challenges to decisions of regulatory bodies

Demonstrate a specialist knowledge on issues relating to their sector

Show an understanding of data protection and freedom of information issues

Apply the knowledge learned in practice.

Programme structure and approach to learning
This certificate provides participants with an overview of the rationale for regulation and the various methods of enforcement – civil and criminal enforcement as well as investigations and hearings. This certificate is open to solicitors, barristers and trainees, and suitably qualified professionals who work in in the area of enforcement or those who wish to transition to such roles. Additionally, the important area of challenges to decisions of a regulatory body is examined. There is focus on enforcement notices, pitfalls to avoid and the key issues that affect the ability to enforce. Participants will critically evaluate sample enforcement notices and understand the consequences arising from a poorly drafted notice.

The course will also see experts examining discrete areas of enforcement and the particular concerns relating to each sector. Data protection and freedom of information and data sharing between public bodies will also be addressed.

Practical skills workshops are an integral part of this certificate and will assist participants with honing their drafting skills, particularly when drafting letters of instruction and enforcement notices. There is a bonus module for non-lawyers to assist them with legal literacy skills.

Modules
The programme is based on the following modular scheme and covers key themes as listed below:

Module 1: Introduction to Regulation Law
Why regulate – rationale for regulation, overview of sectors and public bodies,
The function of regulation, its various form,
Current issues in regulation.

Module 2: Methods of enforcement
Overview of phases in the regulatory cycle,
Civil enforcement overview, enforcement in the Courts, challenges to processes,
Enforcement/ the inquiry process, investigations, hearings, decision-making,
Criminal enforcement, regulatory criminal law enforcement, vicarious liability.

Module 3: Challenges to decision of regulatory bodies
Judicial review/appeals, categories of statutory appeal,
Oversight of regulatory decisions,
Emergency applications and injunctions.

Module 4: Enforcement and enforcement notices
Pitfalls to avoid in the enforcement process,
Key issues that affect the ability to enforce,
Duty to give reasons and adequacy of reasons,
Components of an effective enforcement notice,
Consequences arising from a poorly drafted enforcement notice,
Use of precedents.

Module 5: Writing and drafting skills
Writing and drafting skills,
Use of precedents,
Writing a letter of instruction – key features,
Drafting an effective enforcement notice,
Sample notices.

Module 6: Legal and literacy skills
Legal writing,
Legal citations,
Online sources, law reports.

Module 7: Enforcement by sector
Social care and healthcare,
Environmental and food safety,
Justice, mental health,
Financial services,
Childcare.

Module 8: Data protection and Freedom of Information
Data protection principles,
Government data and public sector bodies,
Sharing data between public bodies,
Data protection v Freedom of Information,
Managing subject access requests.

Workshops
Workshops are interactive sessions that focus on group problem-solving and are designed to consolidate the knowledge learned and apply it in practice. One workshop will focus on drafting an enforcement notice.

Workshop 1: Saturday 11 November 2023
Workshop 2: Saturday 2 December 2023

2,500-word written assignment including case-study scenario; due date for submission is Wednesday 24 January 2024.

CPD
We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. For further information, visit the CPD scheme and download the CPD booklet.

Course Leader
Sara Van den Bergh, Solicitor,
S.VandenBergh@LawSociety.ie