Talk the talk

Sinéad Kearney, head of the health services unit at Dublin law firm BCM Hanby Wallace, talks to David Clerkin.

You’ve just set up the country’s first legal unit specialising in the health services area. Why is there demand for such a unit?

BCM Hanby Wallace has had long-standing relationships with a large number of clients in the health services field. We started off handling their general requirements for legal advice and looked after property and employment law issues. But there’s now an increasing amount of litigation in the health area and we feel clients want a specialised and integrated team to look after their requirements.

What areas of the health service attract most of your attention?

Childcare-related issues account for the bulk of our work at present, but we’d expect our scope to become far more wide-ranging. We also cover inquests into deaths, food hygiene cases and prosecutions. We’re seeing a lot more work in the area of nursing homes. There’s an increasing number of EU regulations coming into effect here that are quite technical. We’re involved in the general provision of advice and we can deal with everything from property and employment to all other business conducted in the health field.

Is the concept of a dedicated health unit common in law firms in other countries? Do you expect other Irish firms to follow your lead?

It’s quite common in England to have health specialists in law firms, particularly in the bigger London firms. There has been an increasing trend to provide this kind of service that we’ve picked up on. While we’re the first firm to do this in Ireland, we wouldn't be surprised if others followed suit.

Who are your target clients?

We cater for clients involved in the provision of healthcare, both public and private, but individuals also use our services. We act for a number of health boards and regional authorities, including the Eastern Regional Health Authority, the South Western Area Health Board, the North Eastern Health Board and the South Eastern Health Board. Our clients also include Comhairle na n-Ospidéal, Beaumont Hospital and the Irish Blood Transfusion Service.

What are the main new developments in health law at present?

Tobacco legislation will be a big area. We’re processing cases involving shops that have been prosecuted for selling cigarettes to minors. This type of case has been litigated in the US and there have been issues regarding possible entrapment, if a health authority engages a minor to go into a shop and ask for cigarettes. In most of these cases the courts have been happy to take evidence from a minor.

We’re waiting on the publication of a report from the Department of Health and Children on court proceedings involving childcare. The law is unclear in respect of attaching children as a party to proceedings where they have an interest. There will also be new mental health legislation in the pipeline.