The Irish Human Rights Commission (IHRC) today welcomed the judgment by the Supreme Court in Donegan v Dublin City Council & Ors which upheld the High Court’s Judgment that section 62 of the Housing Act 1966 infringes Article 8 of the European Convention on Human Rights.
Section 62 of the Housing Act permits a local authority to secure a court order for possession of a council house without an independent inquiry into whether this is justified. Laffoy J, in the High Court, found that the provision infringed Article 8 of the European Convention on Human Rights in the High Court proceedings.
Article 8 provides for the right to respect for one’s private and family life, home and correspondence.
The IHRC has raised difficulties with the Section 62 procedure for a number of years and has called for its urgent repeal.
In May 2005 the IHRC appeared as amicus curiae in the case Dublin City Council v Fennell where the Supreme Court held that the European Convention on Human Rights Act 2003 did not have retrospective effect.
In 2007 the IHRC appeared in Pullen & Others v. Dublin City Council and in December 2010, the IHRC was granted leave by the Supreme Court to appear in the appeal and cross appeal of that case which is now pending.
In 2009 the IHRC provided advice to Government that Section 62 infringed ECHR rights and in January 2012 it won a case in which it granted legal assistance to a vulnerable person facing summary eviction.
The IHRC is now calling on Government to act without delay to repeal Section 62 of the Housing Act 1966 in light of the Court’s judgment in this case.
ENDS/
For further information please contact:
Fidelma Joyce, IHRC, Tel: 01 8589601, Mob: 087 783 4939
Notes to Editor
Section 62 of the Housing Act 1966 (as amended) has been interpreted by the Courts as requiring a District Court Judge (or a Circuit Court Judge on Appeal), to grant a local authority an order for possession of a local authority dwelling on proof that certain legal formalities have been fulfilled. The legislation does not allow for a full merits based hearing, where the local authority tenant may defend and give evidence in relation to the allegations against him.