The Irish Human Rights Commission (IHRC) will today appear before the High Court as amicus curiae (non-partisan friend of the court) in human rights proceedings. The proceedings, entitled Lawrence and Others v Ballina Town Council and Others, involve an examination of provisions of the Housing (Miscellaneous) Provisions Act, 2002 (the criminal trespass legislation) and other related matters including the extent to which local authorities may be obliged to provide appropriate accommodation to Traveller families. In June 2005, the IHRC was granted liberty to appear as amicus curiae in the proceedings by the High Court.
The Human Rights Commission Act, 2000, provides the statutory basis for the IHRC appearing, with the leave of the Court, in a case involving human rights issues. The IHRC’s role is primarily to be of assistance to the Court and to draw relevant human rights principles to its attention.
Click here to read the IHRC’s Submissions to the High Court.doc (315 KB)
For further information please contact:
Martin Mackin/Catherine Logan
Q4PR 01 475 1444
087 814 5030 / 086 811 4785
NOTE FOR EDITORS
A. Under section 8(h) of the Human Rights Commission Act, 2000, the IHRC may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person. The IHRC is the only body in the State with express statutory provision for appearing as amicus curiae in proceedings.
B. Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution and under any agreement, treaty or convention to which the State is a party.
C. The IHRC first appeared as amicus curiae in proceedings before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act.
D. The Equality Authority has also been granted liberty by the High Court to appear in the proceedings as amicus curiae.