Leagan Gaeilge   Text Version   Display: Zoom (-) (+)   View ( Normal High contrast ) Printer Friendly  A to Z  Sitemap

Donncha O'Connell

Donncha O'Connell
B.A.(NUI), LL.B.(NUI), LL.M.(Edin.), B.L.

Tel.: 353 (0)91 492821
Room 414, Floor 2, Tower 2
email: donncha.oconnellnuigalway.ie

Link to Seanad election website: http://www.donnchaoconnell.ie

Donncha O'Connell was Dean of the Faculty of Law from 2005 to 2008 prior to the establishment of the College of Business, Public Policy & Law. He teaches Constitutional Law and European Human Rights on undergraduate programmes and Processes of Law Reform and Equality Law: Principles & Thematic Application on the LL.M in Public Law. He is the Senior Irish member of FRALEX, the legal expert group that advises the EU Agency for Fundamental Rights (FRA) based in Vienna.

Donncha was called to the Irish Bar in 1992 and joined the Faculty of Law at NUI Galway (then UCG) in 1993 having completed an LL.M at the University of Edinburgh. From 1999 to 2002, while on leave of absence from NUIG, he was the first full-time Director of the Irish Council for Civil Liberties, an NGO founded in 1976 by Mary Robinson and Kader Asmal.

Upon returning to NUI Galway in 2002 he was appointed as the Irish member of the EU Network of Independent Experts on Fundamental Rights established by the European Commission on the recommendation of the European Parliament LIBE Committee. As a member of this Network he wrote annual national reports (listed below) which formed part of Synthesis Reports submitted by the Network to the EU Commission and Parliament. He contributed to the four Thematic Comments published by the Network and to Opinions on the following topics furnished by the Network to the EU Commission: ethnic profiling, extraordinary renditions, discrimination in age limits for sexual offences, political participation rights, gay rights, violent radicalisation and terrorism, rights of conscientious objection, racism and xenophobia, the role of national human rights institutions and the rules of criminal evidence. Donncha has also participated as a Council of Europe expert in several judicial training programmes in Croatia, Georgia and Azerbaijan and has worked in a similar capacity in other countries with the Netherlands Helsinki Federation and Interights.

In 2006, Donncha became a member of the Board of Directors of Druid Theatre Company. He also chairs the Programme Forum of FOMACS, a collaborative public media project based in DIT, and is a member of the Advisory Board of the Public Interest Law Alliance (PILA), both of which are funded by The Atlantic Philanthropies. From 2002-2005 he was a member of the National Council of the Free Legal Advice Centres (FLAC) Ltd and of the Executive Committee of Amnesty International Ireland.

He co-edited (with Mike Milotte) five monographs in the Justice in Controversy series published by Irish Academic Press and is the editor of the Irish Human Rights Law Review published annually by Clarus Press. In 2009 he edited and wrote the Foreword to 60 Years, 30 Perspectives: Ireland and the Universal Declaration of Human Rights, a collection of essays published by New Island Books and Amnesty International.

He is spending the current academic year as a Visiting Research Fellow at the Centre for the Study of Human Rights, London School of Economics during which time he will also be a temporary member of the Board of Directors of Interights – The International Centre for the Legal Protection of Human Rights. In the past he has been a visiting and guest lecturer at Boston College (USA), Columbia University (USA), l’Universite de Poitiers (France), Montana State University (USA), Roosevelt University, Chicago (USA), the Department of Social Studies (TCD), the Law School (TCD), the Equality Studies Centre (UCD).

Donncha is a regular contributor to news and current affairs programmes in the English and Irish language media and writes occasional opinion pieces on law and politics for newspapers and magazines.     

RESEARCH & PUBLICATIONS

• (with Kenna, Griffin & Dewhurst), Thematic National Legal Study on Rights of Irregular Immigrants in Voluntary and Involuntary Return Procedures – Ireland, (EU Fundamental Rights Agency-FRALEX, 2009).
• Foreword in O’Connell (ed), 60 Years, 30 Perspectives: Ireland and the Universal Declaration of Human Rights (New Island Books & Amnesty International Ireland, 2009), pp vii-xii.
• (with Kenna, Griffin & Crowley), Thematic Legal Study on Impact of Race Equality Directive, (EU Fundamental Rights Agency-FRALEX, 2009).
• “Watched Kettles Boil (Slowly): The Impact of the ECHR Act 2003” in Kilkelly (ed), ECHR & Irish Law (2nd edition), (Jordans, UK, 2009), pp 1-20.
• (with Kenna, Griffin & Talbot), Thematic Legal Study on Assessment of Data Protection Measures and Relevant Institutions – Ireland, (EU Fundamental Rights Agency-FRALEX, 2009). Available in PDF.
• “The Added Value of Sub-Constitutional Incorporation: ECHR Act 2003” in Carolan and Doyle (eds), The Irish Constitution: Governance & Values, (Thomson Round Hall, 2008), pp 490-506.
• (with Kenna, Griffin & Talbot), Thematic Legal Study on National Human Rights Institutions and Human Rights Organisations – Ireland, (EU Fundamental Rights Agency-FRALEX, 2008). Available in PDF.
• (with Kenna, Griffin & Crowe), Thematic Study on Child Trafficking – Ireland, (EU Fundamental Rights Agency-FRALEX, 2008). Available in PDF.
• (with Kenna & Griffin), Thematic Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation – Ireland, (EU Fundamental Rights Agency-FRALEX, 2008). Available in PDF.
• “Personal Freedoms v. Public Good” in Ethical Dilemmas in a Pandemic: Proceedings of the Irish Council for Bioethics Conference, (Irish Council for Bioethics, Dublin, 2007), pp 19-22.
• (with Cummiskey, Meeneghan and O’Connell), ECHR Act 2003: A Preliminary Assessment of Impact (Law Society of Ireland & Dublin Solicitors’ Bar Association, 2006), ISBN 13 978 0 902027 37 4 / 10 0 902027 37 9. Available in PDF.
• Chapters 48 & 49 in Commentary of the Charter of Fundamental Rights of the European Union (EU Network of Independent Experts on Fundamental Rights, 2006) pp 359 - 379. http://ec.europa.eu/justice_home/doc_centre/rights/charter/docs/network_commentary_final%20_180706.pdf
• “ECHR Act 2003: A Preliminary Assessment of Impact” (2006) 100(9) Gazette of the Law Society of Ireland, pp 8-9.
• “In Defence of the Law and its Legitimate Business” (2006) 100(1) Gazette of the Law Society of Ireland, pp 12-13.
• Annual Report on the Situation of Fundamental Rights in Ireland 2005 (EU Network of Independent Experts on Fundamental Rights, 2006). http://cridho.cpdr.ucl.ac.be/documents/Download.Rep/Reports2005/NationalReport/CFRIreland2005.pdf
• (with Smyth), “The Irish Citizenship Referendum 2004: A Solution in Search of a Problem?” in Shah & Menski (eds), Migration, Diasporas and Legal Systems in Europe (Cavendish, UK, USA & Canada, 2006), pp 127-143.
• Annual Report on the Situation of Fundamental Rights in Ireland 2004 (EU Network of Independent Experts on Fundamental Rights, 2005). http://cridho.cpdr.ucl.ac.be/documents/Download.Rep/Reports2004/nacionales/CFR-CDF.repIRELAND.2004.pdf
• (with Smyth), “Citizenship and the Irish Constitution” in Harvey & Fraser (eds), Sanctuary in Ireland: Perspectives on Refugee Law & Policy (Institute of Public Administration in Ireland, Dublin, 2004).
• Annual Report on the Situation of Fundamental Rights in Ireland 2003 (EU Network of Independent Experts on Fundamental Rights, 2004). http://cridho.cpdr.ucl.ac.be/documents/Download.Rep/Reports2003/R.Nationaux2003/CFR-CDF.repIrland.2003.pdf
• Annual Report on the Situation of Fundamental Rights in Ireland 2002 (EU Network of Independent Experts on Fundamental Rights, 2003).
• “Chapter 18 – Ireland” in Blackburn & Polakiewicz (eds), Fundamental Rights in Europe: The European Convention on Human Rights and its Member States, 1950-2000 (Oxford University Press in association with the Council of Europe, 2001), pp 423-474.
• “The Irish Constitution and the ECHR: Belt & Braces or Blinkers?” in Driscoll (ed), Irish Human Rights Review 2000 (Round Hall Sweet & Maxwell, 2000), pp 82-101.
• Equality Now: The SIPTU Guide to the Employment Equality Act 1998 (SIPTU, 1999).
• Review of Berger, Case Law of the European Court of Human Rights, Vol. III, 1991-1993 in (1997) 15 Irish Law Times 23.
• Review of Forde, Extradition Law in Ireland (2nd edition) in (1996) European Public Law, 2(1), pp 157-159.
• “The Right to Silence and Access to a Lawyer: Murray v. United Kingdom”, (August 1996), 14(8) Irish Law Times, pp 185-187.
• “Review of Cases from the Republic of Ireland over the Last Decade” in Quinn (ed), Irish Human Rights Yearbook 1995, (Round Hall Sweet & Maxwell, 1995), pp 1-14.

Edited publications

• Irish Human Rights Law Review, Vol. 1, Issue 1 (Clarus Press, 2010), www.claruspress.ie/ihlr.html
• 60 Years, 30 Perspectives: Ireland and the Universal Declaration of Human Rights (New Island Books & Amnesty International Ireland, 2009), http://www.newisland.ie/books/non-fiction-politics-current-affairs/60-years-30-perspectives-ireland-and-universal-declaratio
• (with Mike Milotte) Justice in Controversy Monograph Series, Irish Academic Press:
  • Humphreys, Countdown to Unity: Debating Irish Reunification (Irish Academic Press, 2009), ISBN 978 0 7165 2877 7.
  • Hamilton, The Presumption of Innocence and Irish Criminal Law: ‘Whittling the Golden Thread’ (Irish Academic Press, 2007) ISBN 0 7165 3407 X.
  • Flynn, The Blame Game: Rethinking Ireland’s Sustainable Development and Environmental Performance (Irish Academic Press, 2007) ISBN 0 7165 2839 8.
  • Kilkelly, Youth Justice in Ireland: Tough Lives, Rough Justice (Irish Academic Press, 2006) ISBN 0 7165 2836 3.
  • Crowley, An Ambition for Equality (Irish Academic Press, 2006) ISBN 0 7165 3381 2. 

Conference and other papers presented

• “Overview and Assessment of the European Convention on Human Rights Act 2003”, paper presented at conference on European Convention on Human Rights Act 2003 – Five Years On hosted jointly by the Irish Human Rights Commission and the Law Society of Ireland, Dublin, November 2008.
• “Policing, Immigration, Asylum: Should the FoI Act Apply?” paper presented at conference organised by the Office of Information Commissioner to mark 10th anniversary of the Freedom of Information Act, Dublin, May 2008.
• Discussant (responding to papers delivered by Professor William Binchy, Dr. Marie-Luce Paris-Dobozy and Colm O Cinneide) at Irish European Law Forum 11th Annual Conference, Constitutionalisation: In Search of More Effective Human Rights Protection in Europe, UCD School of Law, Dublin, January 2008.
• “Legal Responses to Immigration: The Role of the Irish Courts”, paper presented at conference on Race and Immigration in the New Ireland organised by the Keough-Naughton Institute for Irish Studies, University of Notre Dame, South Bend, Indiana, USA, 14-17 October 2007.
• “The Role of the Courts in Public Interest Litigation: Problems of Legitimacy and Efficacy” guest seminar at Roosevelt University, Chicago, Illinois, USA, October 2007.
• “Searching for Impact after the ECHR Act 2003”, paper presented at conference on Rebalancing Criminal Justice in Ireland: A Question of Rights? hosted by the Centre for Criminal Justice and Human Rights, Faculty of Law, UCC, June 2007.
• “The Added Value of Sub-Constitutional Incorporation: ECHR Act 2003”, paper presented at conference to mark the 70th anniversary of the Irish Constitution hosted by the School of Law, TCD, July 2007.
• “Personal Freedoms v. Public Good”, paper presented at conference on Ethical Dilemmas in a Pandemic organised by the Irish Council for Bioethics, RDS, Dublin, October 2006.
• (with Dr. Ursula O’Hare, University of Ulster) “ESC Rights and Gender”, presentation at seminar on women’s rights organised jointly by the Women’s Human Rights Alliance and the Irish Human Rights Commission, Galway, June 2006.
• “Education, Politics & Sectarianism”, paper presented at conference to mark the centenary of the death of Michael Davitt, Pontoon, Co. Mayo, June 2006.
• “Marginalised People: What a Difference the Law Makes?”, paper presented to the Parnell Summer School, Avondale, Co. Wicklow, August 2005.
• “What Use is the Law? An Update on the Role of Law in Preventing Exploitation and Discrimination”, paper presented to SIPTU Biennial Women’s Conference, Tralee, Co. Kerry, April 2005.
• “The Irish Human Rights Commission”, guest speaker at Law & Policy LL.M Seminar Series, UCC, March 2005.
• “The Citizenship Referendum 2004”, presentation at seminar organised by the Centre for Transcultural Media Studies, DIT, Dublin, February 2005.
• “The Role of Human Rights in Public Administration”, paper presented at 20th anniversary conference organised by the Office of Ombudsman, Dublin, October 2004.
• “Progress Thus Far Under the ECHR Act 2003, paper presented to Annual Human Rights Conference hosted jointly by the Law Society of Ireland and the Irish Human Rights Commission, Dublin, October 2004.
• “The Legal Implications of an All-Island Charter of Rights for the island of Ireland”, paper presented at conference organised by the British Council in association with UCC Faculty of Law, UCC, Cork, October 2004.
• “The Role of NGOs in Ensuring State Compliance with International Human Rights Obligations”, guest lecture at the International Human Rights Summer School hosted by the School of International and Public Affairs, Columbia University, New York, USA, August 2004.
• (with Ciara Smyth) “Deportation of Irish Born Children: Constitutional and Refugee Law Issues”, paper presented at W.G. Hart Legal Workshop, The Challenge of Migration to Legal Systems, Institute of Advanced Legal Studies, University of London, June 2004.
• “The Incorporation of the European Convention on Human Rights into Irish Law: Clever and Elegant or Too Clever by Half?”, Brian Walsh Memorial Lecture hosted by the Irish Society for European Law, Bar Council Distillery Building, Dublin, November 2002.
• “The Politics of Asylum and Immigration in Ireland: Justice Delayed or Injustice Expedited?”, keynote address at the Merriman Summer School, Ennistymon, Co. Clare, August 2002.
• “Human Rights in the Republic of Ireland after the Belfast Agreement”, guest lecture at NYU Irish Studies Summer School, TCD, August 2002.
• “New Human Rights and Equality Institutions in Ireland”, paper presented to Annual Conference of Mental Health Ireland, Westport, Co, Mayo, May 2002.
• “The Experience of ‘Shadowing’ a Government before the UN Human Rights Committee: Ireland and the Second ICCPR Examination”, panellist at seminar organised by the National Consultative Committee on Racism and Inter-Culturalism (NCCRI) to prepare for Ireland’s first examination under the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), Dublin, February 2002.
• “Irish Equality Legislation: A Critical Overview”, public lecture hosted by the Equality Studies Centre, University College Dublin, November 2001.
• “Ireland and the ECHR and ICCPR”, guest lecture at San Diego Law School Summer School, TCD, July 2001.
• “Ireland and its International Human Rights Obligations”, paper presented at Annual NGO Forum hosted by the Department of Foreign Affairs, Dublin Castle, Dublin, July 2001.
• Respondent to paper on minority rights (delivered by Dr. Alpha Connelly, Legal Adviser at the Department of Foreign Affairs) at the 10th Anniversary Conference of the Equality Studies Centre, UCD, December 2000.
• “Protecting and Developing Human Rights on the Island of Ireland in an International Context”, paper presented at a special conference organised jointly by the Department of Foreign Affairs and the Office of First Minister for Northern Ireland, Dublin Castle, Dublin, December 2000.
• “Legal Protections Against Racism in Ireland”, input at preparatory conference for the UN World Conference on Racism organised by the Department of Foreign Affairs and the National Consultative Committee on Racism and Inter-Culturalism (NCCRI), Dublin Castle, Dublin, September 2000.
• “The Incorporation of the ECHR into Irish Law”, panel member at symposium organised by the Irish Centre for Human Rights, NUI Galway, April 2000.
• “The Right to Dignity at Work: Harassment and Bullying under New Equality Legislation”, public lecture hosted by the Equality Committee, NUI Galway, April 2000.
• “The Human Rights Commission Bill: A Critical Perspective”, paper presented at the Annual Conference of the Political Science Association of Ireland, Wexford, October 1999.
• “Emergency Legislation in Ireland, 1939-1998”, paper presented at a conference organised by the Institute of Commonwealth Studies, University of London at the Institute of Advanced Legal Studies, London, May 1999.
• “Eurosolutions to Irish Problems”, paper presented at the Burren Law School, Ballyvaughan, Co. Clare, May 1999.
• “Freedoms: the interaction between the Irish Constitution and the ECHR”, presentation at seminar organised by the Office of the Attorney General for legal staff of the civil service in anticipation of legislation to incorporate the ECHR into Irish law, Government Buildings, Dublin, April 1999.
• “The Notional Irish Nation post-Belfast Agreement: From Constitutional Imperative to Constitutional Fudge?”, guest lecture at Irish Studies Institute, Connolly House, Boston College, USA, February 1999.
• “Popular Sovereignty, Constitutional Change and Referendum Fatigue: Recent Irish Experiences”, guest lecture at Irish Studies Institute, Connolly House, Boston College, USA, February 1999.
• “Abortion and the Judicial Process in Ireland”, public lecture hosted by the Irish Studies Institute, Connolly House, Boston College, USA, February 1999.
• “Problems with the Contractual Basis of the Employment Relationship: The Case of Irish Employment Equality Law”, guest lecture at Montana State University, USA, February 1999.
• “The Domestic Legal Status of the ECHR and its Relevance in Refugee Cases”, paper presented at a conference organised by the Irish Refugee Council in association with the Council of Europe, Dublin, November 1998.
• “The Concept of ‘Reasonable Accommodation’ in Irish Anti-Discrimination Legislation”, paper presented at International Conference on Comparative Non-Discrimination Law, University of Utrecht, The Netherlands, June 1998 (assisted by the Millennium Fund, NUIG).
• “Ireland and the Strasbourg Court”, paper presented at a conference organised jointly by the Irish Council for Civil Liberties (ICCL) and the Committee on the Administration of Justice in Northern Ireland (CAJ), Law Society of Ireland, Dublin, June 1998.
• “The Republic of Ireland and the European Court of Human Rights”, paper presented at a conference hosted by the Department of Law, UCC in association with the Council of Europe, University College Cork, October 1995.
• “Irish Cases Before the European Commission and Court of Human Rights”, paper presented at a conference hosted by the Irish Centre for the Study of Human Rights, UCG in association with the Council of Europe, University College Galway, October 1993.    

Legal journalism

• “Balance of powers as important as their separation”, The Irish Times (Law Matters page), 20th July 2009.
• “Too Much to Ask?”, The Irish Examiner, 23rd June 2009.
• “Merger of statutory bodies may achieve the required savings – but at what price?”, The Irish Times, 9th September 2008.
• “Reclaiming rights: a modest proposal”, Metro Eireann, 27th December 2007-9th January 2008.
• “Dark heart of opportunism lies behind McDowell’s proposals”, The Irish Times, 15th February 2007.
• “Irish judges can no longer ignore European human rights law”, Village Magazine, 2nd-8th November 2006.
• “The politics of the judiciary”, Village Magazine, 2nd-8th September 2005.
• “Bridging the gap between ideas and action”, The Irish Times, 23rd June 2005.
• “Case for a second non-jury court needs to be explained”, The Irish Times, 15th January 2005.
• “Murray’s challenge”, The Sunday Business Post, 25th July 2004.
• “Strasbourg is resolved to stay out of abortion debate”, The Irish Times, 10th July 2004.
• “Judging the judges”, The Sunday Business Post, 23rd May 2004.
•  (with Ciara Smyth) “The case for urgent constitutional reform has simply not been made”, The Irish Times, 1st April 2004.
• “A failure of Dail, not courts”, The Sunday Business Post, 21st March 2004.
• “DNA database would pose threat to our civil liberties”, The Irish Times, 27th August 2003.
• “McDowell ‘radical liberal’ tag is shameless bunkum”, The Sunday Business Post, 25th May 2003.
• “Four Human Rights Priorities”, Ceide: A Review from the Margins, May 2003.
• “Court ruling opens a Pandora’s Box of legal wranglings”, The Irish Examiner, 27th January 2003.
• “Music to ears of wannabes”, The Irish Examiner, 30th November 2002.
• “No meeting of minds on Hederman Report”, The Sunday Business Post, 6th October 2002.
• “Reflections on Abbeylara”, Ceide: A Review from the Margins, June-July 2001.
• “A Troubled Birth for the Human Rights Commission”, Ceide: A Review from the Margins, February-March 2001.
• “Taking liberties with our liberties?”, Ceide: A Review from the Margins, April-May 2000.
• “Bringing the European Convention on Human Rights Home at Last”, Ceide: A Review from the Margins, February-March 2000.
• “Recent Equality Legislation: Modest Advances, Serious Gaps”, Ceide: A Review from the Margins, December 1999-January 2000.
• “A New Quango for Human Rights”, Ceide: A Review from the Margins, September-October 1999.
• “Beyond Rights, Towards Interests”, Ceide: A Review from the Margins, March-April 1999.
• “Strasbourg ruling not as clear-cut as first presented”, The Irish Times, 28th September 1995.
• (with Gerard Quinn) “Symbolic day for European law should prompt review of Irish rights”, The Irish Times, 30th June 1995.
  

Last updated in September 2009.

• Disclaimer
• Privacy
• Copyright
• Accessibility