A member of the Law Society of Northern Ireland’s executive committee has resigned as a Special General Meeting looms over chief executive David Lavery’s decision to provide a character reference for his paedophile cousin following his conviction for indecent assault.
Julie-Ann McCaffrey, a director at DWF, is the second council member to resign as pressure continues to mount on the society and its chief executive, David Lavery, who has apologised “unreservedly” for a “serious error in judgement” and continues to receive the society’s backing.
In a statement posted on LinkedIn this morning, McCaffrey, a construction specialist, said she had resigned last week from the society’s executive and personnel committees as well as the council and as chair of the Commercial Practice Group.
She said she had “stayed on council as long as I felt possible because I consider it important that there are strong voices at the table” but that “there comes a point when remaining at the table matters less than remaining true to your principles”.
In quitting the council, she follows in the footsteps of Philip Armstrong, who chaired the society’s conveyancing and property committee and resigned earlier this month, writing that he had found himself “increasingly uncomfortable with the current and future strategies of the society, and separately with certain decisions with which I cannot in all conscience agree or wish to be associated”.
While neither council member directly referenced the society’s handling of Lavery's provision of a reference, it is understood to be behind their decisions to step down.
The SGM will be held on 9 September and was reportedly called after the society received the necessary 50 letters from members.
According to a letter sent to the society’s members last week by its president, Mark Borland, the personnel committee had initiated the original independent investigation to establish the facts and assess the impact on the society of Lavery’s decision to provide a character reference for former teacher William Lloyd-Lavery, who was jailed for two years on 28 April for indecently assaulting four girls at a Belfast school in the 1970s.
A retired senior judge was chosen to undertake an independent fact-finding investigation into Lavery’s actions, with the decision on what action to take delegated to a panel “comprised of a senior legal professional to act as chair, an independent human resources consultant and two current members of council”.
The letter explained: “The details could not be reported to the full council, including the precise outcome on the basis of independent specialist legal advice received regarding the Society’s legal and confidentiality obligations as an employer.”
In her statement, McCaffrey wrote: “I stayed on council as long as I felt possible because I consider it important that there are strong voices at the table. I believe in constructive challenge, asking appropriate questions and, above all, doing what is right. At the end of the day, I am a member of the profession first and foremost, and I want to see the Society succeed.
“However, there comes a point when remaining at the table matters less than remaining true to your principles. For me, that means being able to look back and know that I acted with integrity, even when that required the very difficult decision to leave roles I enjoyed, in support of the profession I have been proud to serve.”
The controversy over the reference intensified earlier this month when Lavery was sacked as a Northern Ireland Human Rights Commissioner by the new NI Secretary of State, Sir Chris Bryant, following an independent review that found Lavery had breached the commission’s code of governance.
A spokesperson for the Northern Ireland Office said that Lavery had “demonstrated a severe failure of judgement regarding public office responsibilities”.
In response to the decision, Lavery said he was "disappointed to be leaving the commission after six years, but I accept and understand the decision that he [Bryant] has made".
He added: "I want to again apologise unreservedly for what I recognise was a serious error in judgement on my part in providing a character reference for my cousin and particularly for any hurt and distress that I caused the victims in this case. I profoundly regret that and I am committed to doing all I can to address it in the time ahead."
Borland backed Lavery in an interview with Radio Ulster on Friday, citing the action the society had taken. He said: “We accept the process was independent and robust and therefore we must accept the outcome of that process – that is that David remains as our chief executive and we must have confidence in him going forward.”
However, he conceded that the controversy had damaged the Society’s reputation “not by the process that I already outlined, which I think is robust, fair and independent, but in how we have communicated it, how we have failed to be open and transparent about what we’re doing and how we’re doing it, and that we have failed to properly express how much we are concerned by the harm that we have done to the victims and survivors in this case”.
Nicola Bannon, one of Lloyd-Lavery’s victims, told the BBC she believed Lavery’s position to be “untenable”, while acknowledging Borland’s comments.
The Law Society of Northern Ireland was contacted for comment regarding McCaffrey's resignations.
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