The Irish Human Rights Commission will today appear before the Supreme Court for the first time as a ‘friend of the court’ in human rights proceedings. The proceedings involve an examination of the extent to which the European Convention on Human Rights Act, 2003 (European Convention Act) will impact on Irish law, specifically provisions in the Housing Acts 1966-1970 under which a housing authority may seek to evict a tenant.
The proceedings arise by way of a consultative case stated to the Supreme Court by Circuit Court Judge Jacqueline Linnane. The questions posed to the Supreme Court include the extent to which the European Convention Act may have retrospective effect and the extent to which judges interpret and apply the jurisprudence of the European Court of Human Rights in cases before the Irish Courts.
Speaking in advance of the hearing, the President of the Human Rights Commission, Dr. Maurice Manning, stated:
“This is the first time the Commission has sought and been granted liberty to appear before the Supreme Court as amicus curiae or ‘friend of the court’ and the Commission welcomes the Supreme Court decision to allow it to appear. The Human Rights Commission Act, 2000, provides the statutory basis for the Commission so appearing, with the leave of the Court, in a case involving human rights issues and our role is primarily to be of assistance to the Court and to draw relevant human rights principles to its attention. This appearance represents a further rolling out of the Commission’s statutory functions".
The Commission submits that the European Convention Act be interpreted broadly by Irish courts in a manner similar to that afforded to the UK’s Human Rights Act by the House of Lords.
"This case raises important issues regarding the interpretation and effect of the European Convention Act" stated Dr. Alpha Connelly, Chief Executive of the Irish Human Rights Commission. "We are conscious that, under the Good Friday Agreement, the Government is committed to ensuring at least an equivalent level of protection of human rights as will pertain in Northern Ireland. We are arguing that a broad interpretation be afforded to the European Convention Act in Ireland as has happened in the UK."
The Attorney General has also been granted liberty by the Supreme Court to appear in the case.
The written submissions of the Irish Human Rights Commission will be made available on its website www.ihrc.ie tomorrow.
A spokesperson from the Human Rights Commission is available for interview or comment.
Please contact: Mary Ruddy, Senior Human Rights Awareness Officer
Tel. 01-8589601
Mobile: 087 2400695
E-mail: info@ihrc.ie
IHRC, Jervis House, Jervis Street, Dublin 1. www.ihrc.ie
Note for editors:
A. The consultative case stated to the Supreme Court by Circuit Court Judge Jacqueline Linnane is:
"The Opinion of the Supreme Court is sought on the following questions of law:
1. Do the provisions of the European Convention on Human Rights Act 2003 apply to proceedings issued by the Respondent pursuant to section 62 of the Housing Act, 1966, prior to the 31st of December 2003?
2. Do the provisions of the European Convention on Human Rights Act 2003 apply to the proceedings pending before me which seek to obtain possession of the premises lived in by the Appellant and her daughter but in respect of which the Respondent has purported to terminate the tenancy prior to the 31st December, 2003?
3. Is there an obligation on the Court by virtue of Section 2 of the European Convention on Human Rights Act 2003 to interpret Section 62 of the Housing Act 1966 as amended insofar as is possible in a manner compatible with the State’s obligations under the Convention, upon an appeal taken in proceedings issued by the Respondent pursuant to Section 62 of the Housing Act, 1966, prior to the 31st December, 2003?
4. If this Honourable Court answers Question 3 above in the affirmative, is the effect of Section 2 of the European Convention on Human Rights Act 2003 that a local authority must adduce evidence in proceedings under Section 62 of the Housing Act 1966 as amended justifying its decision to terminate a tenancy?"
B. Under section 8(h) of the Human Rights Commission Act, 2000, the Commission 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.
C. Under Strand Three of the Good Friday Agreement entitled Rights, Safeguards and Equality of Opportunity, Ireland committed itself to bringing forward measures which "would ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland" (paragraph 9). The European Convention on Human Rights was incorporated into the law of the United Kingdom in the form of the Human Rights Act 1998. It was brought into Irish law on 31 December 2003 in the form of the European Convention on Human Rights Act, 2003.
D. Under Strand Three of the Good Friday Agreement entitled Rights, Safeguards and Equality of Opportunity, Ireland committed itself to establishing a Human Rights Commission with a mandate and remit equivalent to that within Northern Ireland (paragraph 9). The Northern Ireland Human Rights Commission was established under the Northern Ireland Act 1998. The Irish Human Rights Commission was established under the Human Rights Commission Acts 2000 and 2001.