The Irish Human Rights and Equality Commission (the ‘Commission’) has today been given permission by the Supreme Court to use its amicus curiae (‘friend of the court’) function in an important case, which will examine the reach of search warrants in relation to electronic devices.
In the case, DPP vs Patrick Quirke, a search warrant was used by the Garda Síochána to seize an electronic data device belonging to Mr Quirke. The search warrant was challenged at trial and on appeal, on the basis that the item seized was not specified in the search warrant used by the Garda Síochána. The challenge to the search warrant was unsuccessful at the trial and on appeal before the Court of Appeal.
Having been made amicus curiae in this case, the Commission will assist the Court on the issues raised and in particular safeguards in relation to the use of search warrants in respect of the seizure of electronic devices.
The power to apply to the High Court, Court of Appeal or the Supreme Court for permission to appear as amicus curiae is an important legal power of the Commission, as set out in the Irish Human Rights and Equality Commission Act 2014. It allows the Commission to address the court in a non-partisan role on issues concerning human rights and equality that have wider consequences for society in general.
Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“Search warrants are an important tool for effective policing. As electronic devices permeate every aspect of our lives today, it is important to explore and consider safeguards regarding the use of search warrants in the seizure and examination of these devices.”
“We thank the Court for the opportunity to assist and bring forward relevant aspects of national and international human rights law on this issue.”
ENDS/
For further information, please contact:
Brian Dawson , IHREC Communications Manager,
087 0697095
brian.dawson@ihrec.ie
Follow us on twitter @_IHREC
Editor’s Note
As the Irish Human Rights and Equality Commission is now formally involved in the proceedings of the case DPP vs Patrick Quirke before the Supreme Court we will make no further comment at this time.
Where written submissions are made by the Irish Human Rights and Equality Commission to the superior Courts in amicus curiae cases they will be made available on www.ihrec.ie after the case has been heard.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.