The Irish Human Rights Commission (IHRC) was today granted leave to appear before the High Court as an amicus curiae or ‘friend of the court’ in the proceedings entitled McCann v Judge of Monaghan District Court and others. The proceedings concern the issue of imprisonment for civil debt under the Enforcement of Court Orders Acts 1926-1940 and are expected to commence hearing before the High Court on the 18 February.
The IHRC applied to the High Court to seek liberty to appear in the proceedings before it on account of the human rights issues in the case, including the principles outlined under the European Convention on Human Rights that "No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation" and the International Covenant on Civil and Political Rights which provides: "No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation."
Welcoming the decision of the Court, the President of the IHRC, Dr. Maurice Manning, stated: "This is the ninth time the IHRC will appear before the Superior Courts as amicus curiae or ‘friend of the court’ and the IHRC welcomes the decision of Mr Justice Clarke today to permit it to so appear. The IHRC considers that this case raises an important issue around imprisonment for debt, which in these worsening economic times is likely to be an issue which will affect more and more people."
Éamonn Mac Aodha, Chief Executive of the IHRC. Mr Mac Aodha stated: "One of the priorities of the IHRC is to address those measures which impact on the human rights of disadvantaged persons and its role of amicus curiae before the Courts allows it to highlight both domestic and international human rights standards in this regard". Mr Mac Aodha continued "It is of particular note that the Human Rights Committee of the United Nations called on the Government last year to ensure that its laws are not used to imprison a person for the inability to fulfil a contractual obligation."
The full text of the IHRC’s written submissions will be made available on the IHRC’s website www.ihrc.ie in due course.
For further information, please contact:
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589601 Mobile: 087 7834939
Notes to Editors
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.
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.
The IHRC first appeared as amicus curiae 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. Since then it has been granted liberty to appear before the Supreme Court and High Court in nine cases.
The IHRC’s Strategic Plan 2007-2011 Promoting and Protecting Human Rights in Ireland addresses highlights the importance of promoting a society that values inclusiveness and diversity through respect for human rights including for those who are disadvantaged and vulnerable.
Article 1 of Protocol 4 of the European Convention on Human Rights provides:
"No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation."
Similarly, Article 11 of the International Covenant on Civil and Political Rights provides:
"No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation."
The IHRC had already been made a Notice Party in the case.