The Gazette 1995

GAZETTE

JULY 1995

accept the law as laid down in, for instance, a Manitoba Court.

solicitors to advise on difficult issues that arise in medical law.

Irish Medical Law

The author advocates reform in different aspects of this particular branch of the law. In general I am in favour of reform but it seems to me that in recent times the Oireachtas has outdone itself in producing more and more draconian legislation. For instance, the Firearms and Offensive Weapons Act 1990, which is dealt with very well in this book, has created a number of new offences carrying prison terms. The Criminal Justice (Public Order) Act 1993, and the Criminal Justice (Sexual Offenses) Act 1993 have followed suit. Even now our politicians are engaging in cheap talk about abolishing the right to silence and changing the bail laws without, it seems to me, any investigation as to the effect such changes will have on our criminal law and justice system. This book states the law up to the 13 June, 1991. Peter Charleton is an intelligent and articulate author. When he comes to prepare a revised edition (and I would suggest that the time for a revised edition is fast approaching) he will have to deal with this new trend which challenges the rule of law as we know it and diminishes the rights o f the citizen. Hopefully he will use his vast knowledge of the law here and elsewhere to deal with this new situation and to put it into perspective alongside the constitutional and civil rights of the citizen.

The authors' academic expertise equips them well to discuss theories applicable to important issues in the book and this helps the reader to appreciate the rationale behind many o f the relevant legal principles and rules. Sometimes, however, the authors have surprisingly refrained from suggestion for change. For example the authors have not, in my opinion, fully discussed the practical difficulties which have arisen from the Supreme Court decision in CK -v- An Bord Altranais. This enables doctors and other professionals to obtain a full High Court trial of disciplinary matters that include issues of disputed fact which have already been the subject of a hearing and determination by a statutory based disciplinary tribunal. Because of the great expense and delay caused by the duplication of function of the tribunal and the court, reform is urgently needed. The book includes useful appendices. These outline the history and structure of the Irish health services and the various relevant professions. Also (for doctors) relevant legal terms are explained. Given the range and , complexity of medical terminology, the authors have wisely resisted the temptation to include a guide to medical terms, as short guides to medical terms can be misleading and time wasting.

David Tomkin and Patrick Hanafin, The Round Hall Press, Dublin, 1995, 299pp, £37.50 (hb). This book will be useful for most solicitors and doctors. The table of contents shows how many important topics legitimately come under the banner of medical law and this is the first Irish attempt to provide a comprehensive survey and introductory guide to medical law in Ireland. The book is introductory, because a book of 3 00 pages could not treat consent, confidentiality, civil claims, criminal law, mental patients, pharmaceuticals, coroners and the many other topics in the book in full detail. Necessarily very detailed texts have been written on most of these individual subjects. The limitations of space have not reduced the book's value greatly however, as the authors provide ample references to relevant detailed textbooks and other material from home and elsewhere (mainly England). The occasional unnecessary use of academic jargon (eg reference to the "traditional voluntarist contract model" in the context of civil claims against doctors) may puzzle or annoy ! some readers. Also lawyer's phraseology such as "the instant c a s e" is unhelpful in a book which will be read by many non-lawyers. In the main however, the book is easy to read and digest, and it will help

Roderick

Bourke

•

Michael Staines.

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