The Irish Human Rights Commission (IHRC) will appear before the Supreme Court today as an amicus curiae or ‘friend of the court’ in the proceedings entitled Carmody v The Minister For Justice, Equality And Law Reform, Ireland And The Attorney General
The IHRC’s appearance is at the discretion of the Supreme Court in an appeal by the Plaintiff, of a High Court Judgment by Ms Justice Laffoy in January 2005. The Judgment concerned an examination of the extent to which the criminal legal aid scheme should provide an accused person with the same level of representation as is available to the prosecution in the case. It also considered the question as to the order in which arguments under both the Constitution and the European Convention on Human Rights Act 2003 should be considered by the Superior Courts.
The High Court ruling found that on the facts of the case, the human rights of the Plaintiff had not been infringed. The IHRC, whose appearance as a friend of the Court was permitted by the Supreme Court in late 2005, will direct the Court’s attention to those constitutional and international human rights principles not being addressed by the parties to the case.
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 and the Commission’s role is primarily to be of assistance to the Court and to draw relevant human rights principles to its attention.
More details are available by following the below link:
http://www.ihrc.ie/home/wnarticle.asp?NID=188&T=N&Print=