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GAZETTE
SEPTEMBER 1987
Doing Business
in Ireland
A C.L.E. programme with a difference, "Doing Business in
Ireland", ran for four days from the 5th to the 8th October,
1987. Based in the Berkeley Court Hotel and the Law Society,
it attracted twenty-three U.S. business executives and
business lawyers — and a small but perceptive group of Irish
commercial lawyers.
So what was it? It was an attempt
to replicate in Ireland a similar and
highly successful venture "Doing
Business in Japan" run in
mid-1984 by Minnesota Con-
tinuing Legal Education in con-
junction wi th JETRO (Japan
External Trade Organisation) which
generated many millions of dollars
in increased trade on both sides of
the Pacific.
Planned over a period of two
years from July 1985, the proposal
was first mooted by the writer in
Washington to Frank Harris, the
Executive Director of Minnesota
Continuing Legal Education who
pioneered the Japanese venture.
Accepted by Minnesota C.L.E. and
adopted shortly thereafter by the
C.L.E. sub-Committee under John
Buckley (who in fact opened the
Conference) and the Education
Committee under its then Chair-
man, Laurence Shields (who
contributed two papers to the
Conference), it had three objec-
tives:
1. To highlight to U.S. lawyers and
businessmen and, in particular,
the many Minnesota lawyers
with an Irish ethnic background
the attractions of Ireland as a
place in which to set up in
business. (Maximum taxation of
10%, guaranteed up to the year
2,000; a young, highly educat-
ed, computer-literate popula-
tion, hungry for jobs, avail-
ability of sophisticated tele-
communication services and a
stable democratically structured
society);
2. To explore the scope for joint
ventures between Irish and
American businesses;
3. To provide the opportunity to
establish professional and
personal relationships between
Irish and American lawyers and,
perhaps, to encourage Irish
lawyers to begin to match the
level of penetration into the
business affairs of their clients
that is commonplace among
U.S. lawyers.
How successful was it? Too
early to say, of course, although
there are positive indicators. Of
that more later. But the programme
was unquestionably a success,
with contributions from no fewer
than thirty-two speakers, many of
them pre-eminent in their respec-
by
Professor L. G. Sweeney
Director of Training
tive fields. The U.S. Ambassador,
Margaret Heckler, herself a lawyer,
who gave the opening address and
the Minister for Industry and Com-
merce Mr. Albert Reynolds (who,
although supplied with a script,
spoke
extempore
and to good
effect for 20 minutes) set the tone
on the first day, devoted to
Ireland's attractions as a business
base. A major presentation by
Kieran McGowan, Executive
Director of the I.D.A. was followed
by an excellent and wide ranging
luncheon address on Ireland's
economy by Liam Connellan,
Director General of the Con-
federation of Irish Industry whose
talk generated a broad spread of
questions, ably dealt with. Papers
on the forms of doing business in
Ireland by Laurence Shields and
on tax considerations, particularly
tax incentives and abatement
programmes, by Patrick McDonald
of Stokes Kennedy Crowley
(Peat Marwick in Ireland) were
followed by Case Histories
presented by I.B.M. and Wescan,
U.S. businesses w i th U.S.
operations based in Ireland over
many years.
Day Two, introduced by the
Senior Vice-President Tom Shaw in
the absence of the President, was
devoted to solid law with qualified
lawyers from the E.E.C. and private
practices in Brussels covering
broad policy and specific practice
in competition, licensing, distri-
bution and franchising within the
Community. The legal framework
for import/export trade and invest-
ment was covered by Damien
McCarthy of Price Waterhouse;
Laurence Shields gave his second
paper, this time on protection of
trademarks and technology and
Eugene Fanning, calling on his
many years in the New York office
of Arthur Cox & Co., contrasted
the practice of law in the United
States and in Ireland and pointed to
the need for something comparable
to the Uniform Financial Com-
mercial Code as a solution to the
complexities of doing business in
Europe.
At lunch that day Ernie
Margetson, listed as third speaker,
professed dismay at having to
follow two brilliant contributions by
the Honourable John Simonett of
the Minnesota Supreme Court and
Mr. Justice Liam Hamilton,
President of the High Court, but
matched them flawlessly in wit,
style and anecdote.
The afternoon of that day was
devoted to a tour of the Four
Courts led by Professor Richard
Woulfe and, for the hardier souls in
the party, a visit to the Whiskey
Corner in Irish Distillers.
Mr. Des Peelo developed,
managed and chaired Day Three.
Des Peelo is the Society's
Consultant on the Advanced
Course on financial affairs and is
already a contributor to the
Society's C.L.E. programme.
Originally planned as focussing on
finance, the day developed into
what became a solidly professional
exercise in reassurance with
Senator Brian Hilary covering
Industrial Relations; Senator
Maurice Manning the Political
Environment; Dr. Declan Glynn,
Chief Executive of the National
Board for Science and Technology
on High Tech in Irish Business; Dr.
Michael Casey, Manager, Banking
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