Gemma McLoughlin-Burke BL

  • Junior Counsel: 2018
Qualifications:

Law and Society (BCL), Barrister at Law degree (BL)

Areas of Practice:
  • Commercial/Chancery
  • Criminal
  • General Practice
  • Judicial Review
Specialisation:
  • Children's Law
  • Constitutional Law
  • Extradition Law
  • Human Rights
  • Inquests
  • Licensing
Gemma McLoughlin-Burke BL
Memberships:
Bar of Northern Ireland
Direct Professional Access:
Provided

  • Counsel for a number of victims in the Hickson Child Abuse Inquiry (2024-2025)
  • Counsel to the Dublin Senior Coroner in the Stardust Fire Inquests (2021 to 2024)
  • Appeared for the Appellant in the Supreme Court appeal in DPP v. Patrick Quirke; Appeared for the Appellant in the Supreme Court appeal in DPP v. WC; Appeared for the Director in the Supreme Court appeal in DPP v. DT
  • Special Criminal Court defence work: DPP v. Hamill & Anor (appeared for Mr Hamill), DPP v. Flynn & Treanor (appeared for Mr Flynn), DPP v. Cruise & Crosby (appeared for Mr Cruise), DPP v. Dowdall & Ors (appeared for Mr Dowdall)
  • Act in human rights actions, particularly those involving the State’s obligations under various international instruments
  • Act in various judicial review matters, particularly in cases involving prison conditions
  • Instructed on behalf of the Minister for Justice in extradition matters
  • Instructed on behalf of the Attorney General in various civil matters
  • Instructed on behalf of the DPP in documentary junior capacity in criminal matters
  • Provide advices and opinions to both State and non-State bodies on domestic and EU law, particularly cases involving proposed legislation or the effect of new EU Directives or Regulations on domestic law
  • Other work includes general crime, general judicial review, licensing, children’s court matters, employment investigations, proceeds of crime

  • The Effect of Delay in Cases of Historic Child Sexual Abuse (2019) Irish Criminal Law Journal
  • “Automatic” Remission in Ireland: Time for Reconsideration? (2019) Irish Criminal Law Journal, cited in Price v. Gov of Wheatfield Prison [2020] IECA 345
  • One year on from MSD v Clonmel: a landmark case overlooked? Part 1 (2020) Irish Law Times
  • One year on from MSD v Clonmel: a landmark case overlooked? Part 2 (2020) Irish Law Times
  • Procedural Fairness and the “Dual Role” of the Special Criminal Court (2021) Irish Criminal Law Journal, reported
  • Evidence Update, Roundhall Annual Review of Irish Law, 2021, 2022, 2023
  • A Review on the Processing of Sexual Offences in Ireland: Stakeholder Experiences, Department of Justice, (2024)

  • Appeared before the Oireachtas Justice Committee in relation to the Judicial Appointments Commission Bill 2020
  • Appeared before the Oireachtas Justice Committee in relation to the Police Powers Bill 2021
  • Appeared as a guest on the Pat Kenny show and on the Law on Trial Business Post Podcast to discuss “Alternatives to the Special Criminal Court”
  • Appeared as a guest on Newstalk’s Dublin Rape Crisis Centre podcast discussing the processing of sexual offences in the criminal courts
  • Spoke at the Young Bar Conference “Keeping Commons” on the rights of the accused and Supreme Court criminal jurisprudence since the decision in DPP v. JC
  • Moderated “Activism for All” CPD with speakers Bernadette McAliskey, Seán O’Sullivan BL & Emily Williams
  • Provide lectures to expert witnesses on Court procedure and giving evidence in criminal proceedings
  • Occasionally guest lecture in Dublin City University

Voluntary Assistance Scheme Coordinator at the Bar of Ireland

Innocence Project of Florida Placement 2024

Procedural Rights Fellow for Irish Council for Civil Liberties 2021, drafting the following submissions:

  • Submission to the LSRA on the Economic and other barriers facing early career barristers advocating for increased availability for grants to study at the King’s Inns, the collection and publication of data by the Bar Council on the ethnicity and socio-economic status of members, and an increase in Criminal Legal Aid fees.
  • Submission to the Offences Against the State Acts Review Group advocating for the abolition of the Special Criminal Court and the introduction of alternative measures for the protection of juries:
  • https://www.iccl.ie/wp-content/uploads/2021/08/ICCL-submission-to-Review-of-the-Special-Criminal-Court.pdf
  • Submission to the Oireachtas Justice Committee on the Judicial Appointments Commission Bill 2020:
  • https://www.iccl.ie/wp-content/uploads/2021/03/ICCL-submission-on-Judicial-Appointments-Bill.pdf

  • Frequently instructed to carry out research & advisory work for the Department of Justice
  • Former Editor & Content Contributor, Decisis Law Ireland
  • Legal advisor on research team commissioned by the Department of Justice to compile a report on the delays which arise in the processing of sexual offences
  • Mentor for the DCU Law mentorship programme & the Trinity Women in Law mentorship programme
  • Seconded member of the Bar of Ireland Human Rights Committee and the Public Affairs Committee

Contact Form

This form is made available to solicitors & in-house counsel for professional purposes only, and to members of Approved Bodies for the purposes of Direct Professional Access

Contact

Mobile
085-750 2200
Email
Gemma.McLoughlinBurke@lawlibrary.ie
Gemma.McLoughlinBurke@lawlibrary.ie
Address
Law Library Four Courts Dublin 7
DX
812189
LinkedIn
@Gemma McLoughlin-Burke

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