Ireland among first signatories to world-first treaty on protection of lawyers

Ireland among first signatories to world-first treaty on protection of lawyers

Ireland has become one of the first signatories to the new Council of Europe Convention on the Protection of the Profession of Lawyer.

The landmark treaty opened for signature yesterday ahead of a meeting of the Council of Europe committee of ministers in Luxembourg.

Thomas Byrne, minister of state for European affairs and defence, who is attending the meeting, signed the Convention on behalf of Ireland.

The other states which signed yesterday were France, Italy, Poland, the Netherlands, Greece, Sweden, Norway, Lithuania, North Macedonia, Estonia, Luxembourg and Andorra, while the UK has said it will sign today, along with Belgium, Moldova and Iceland.

The Convention is the first-ever international treaty aimed at protecting the profession of lawyer in a context of increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties.

It addresses entitlement to practice, professional rights, freedom of expression, professional discipline and specific protective measures for lawyers and professional associations.

Under the Convention, states must ensure that lawyers can carry out their professional duties without being the target of any form of physical attack, threat, harassment or intimidation or any improper hindrance or interference.

Where such circumstances could amount to a criminal offence, parties must conduct an effective investigation. Parties must also ensure that professional associations can operate as independent, self-governing bodies.

The Convention will also seek to establish a Group of Experts on the Protection of the Profession of Lawyer, which will monitor and report on the environment for the legal profession in signatory states.

At least eight countries, including six member states of the Council of Europe, must ratify the Convention for it to enter into force.

Commenting on the signing of the Convention by Ireland, justice minister Jim O’Callaghan said: “This is an important step in recognising the role that the profession of lawyer plays in upholding key facets of society today.

“Just as across Europe, lawyers in Ireland play an essential role in defending access to justice and protecting the rule of law.

“Their rights to freedom of expression, freedom of assembly, and entitlement to practice must be protected, and they should never be subjected to threats or intimidation in the course of their work.”

Mr Byrne added: “Lawyers play a vital role in our society. In Ireland, and across Europe, lawyers act to uphold the rule of law and secure the right of access to justice.

“We must protect the role of lawyers in our society and that is why I am proud to sign the Council of Europe Convention for the Protection of the Profession of Lawyer on behalf of Ireland.

“We must ensure that lawyers can carry out their professional duties without fear of attack and I welcome the role that the Convention will play in this respect.”

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