Equality Authority to Play Role of Amicus Curiae for First Time in High Court Proceedings involving controversial trespass legislation

The Equality Authority was today given leave to appear as amicus curiae (friend of the Court) in High Court proceedings being brought by a Traveller family against Ballina Town Council, Mayo County Council, the Commissioner of An Garda Síochana, the Director of Public Prosecutions, the District Justice sitting in Ballina Court and Ireland and the Attorney General.

Mr. Justice Iarfhlaith O’Neill gave leave to the Equality Authority to appear as amicus curiae in relation to the application and interpretation of the Race Directive should it arise as part of the case.

The case being taken by the Traveller family raises a number of issues. These include the failure to meet the accommodation needs of the Traveller family. The plaintiffs also contend that the Criminal Justice (Public Order Act) has a disproportionate and discriminatory impact on members of the Traveller community. This Act criminalises entry into and occupations of lands in certain situations. It gives members of An Garda Síochana broad powers including arrest and removal of caravans.

The EU Race Directive prohibits discrimination based on racial or ethnic origin in a range of areas including housing.

Niall Crowley, CEO of the Equality Authority welcomed the decision of Mr. Justice Iarfhlaith O’Neill. “This is the first time that the Equality Authority has sought to play this role of amicus curiae (friend of the Court). Should the Race Directive arise in the case it will provide an important opportunity to set out its relevance to the matters under consideration by the Court. This reflects a valuable precedent in our work of combating discrimination and promoting equality of opportunity”.

ENDS