Today a case taken by the Irish Human Rights and Equality Commission’s (the ‘Commission’) has commenced before the High Court. These proceedings seek to address the State’s failure to provide for the basic needs, including accommodation, of people recently arrived in Ireland and seeking international protection (“IP”). The hearing is scheduled for three days. In December 2023, when the Commission commenced these proceedings, it explained that it was doing so because of the gravity of the situation faced by unaccommodated IP applicants. This is the first time that Commission has used its power to bring legal proceedings in its own name in the High Court. The Commission is seeking High Court declarations that the State’s failure to provide for the basic needs of IP applicants is in breach of the EU Charter of Fundamental Rights, the European Convention on Human Rights and/or the Irish Constitution. The Commission is also seeking an order requiring the Minister to provide material reception conditions to unaccommodated IP applicants. The Commission is making this statement in light of the public interest in the issues at hand and the nature of the legal power being used. As the case is ongoing, we will be making no further comment at this time. ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager 01 852 9641 / 087 468 7760 sarah.clarkin@ihrec.ie
Editor’s Note
• A legal case was brought in the Commission’s own name in December 2023 by way of an urgent ex parte Judicial Review application, in which we are seeking various orders. • The power that the Commission is using to take this action is under the IHREC Act, section 41. • This section allows the Commission institute proceedings in its own name for the purpose of obtaining relief of a declaratory or other nature in a matter concerning the human rights of any person or class of persons.