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Commission to Appear as Amicus Curiae in Case

The Irish Human Rights and Equality Commission (‘the Commission’) has been granted liberty by the Supreme Court to appear before it as amicus curiae (‘friend of the court’) in two cases concerning the rights of non-Irish families who have been permitted to work and study in the State. The central issue in these proceedings is whether the Minister for Justice and Equality is required to have regard to the rights to private and family life, as guaranteed by the Constitution and the European Convention on Human Rights, in deciding whether to renew or vary the permission of the families concerned to be in the State. The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, human rights or equality rights. The Commission previously appeared as amicus curiae in these proceedings before the Court of Appeal, which held in favour of the families concerned. In granting leave to appeal to the Minister for Justice and Equality earlier this year, the Supreme Court expressed the view that it was ‘self-evident’ that these cases raised matters of general public importance. Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“The Irish Human Rights and Equality Commission applied to appear as amicus curiae in these significant cases involving these two families, as they raised important issues regarding the rights to private and family life of those who have been permitted to live, study and work in the State. "The Supreme Court has acknowledged the public importance of the issues raised in this case, in clarifying the rights of those who have been working, contributing and living in communities with their families, and how they are now viewed by the State.”
As the Irish Human Rights and Equality Commission is now formally involved in these proceedings it will not be making any further comment at this time, as the matter is before the courts. ENDS/ For further information, please contact: Brian Dawson, IHREC Communications Manager, 01 8589601 / 087 0697095 bdawson@ihrec.ie Follow us on twitter @_IHREC

Editor’s Note:

The proceedings are:
  • Luximon v Minister for Justice and Equality, Supreme Court record no 2017/09
  • Balchand v Minister for Justice and Equality, Supreme Court record no 2017/10

The amicus curiae function of the Irish Human Rights and Equality Commission.

The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person. Section 10 of the Irish Human Rights and Equality Commission Act sets out the functions of the Commission and Section 10(2)(e) provides that the IHREC shall have a function: “to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that Court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion).”

Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission was set up on 1 November 2014 as an independent public body, directly accountable to the Oireachtas, to protect and promote human rights and equality in Ireland and build a culture of respect for human rights, equality and intercultural understanding across Irish society. The Irish Human Rights and Equality Act 2014 sets out the functions of the Commission, (a) to protect and promote human rights and equality, (b) to encourage the development of a culture of respect for human rights, equality, and intercultural understanding in the State, (c) to promote understanding and awareness of the importance of human rights and equality in the State, (d) to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and (e) to work towards the elimination of human rights abuses, discrimination and prohibited conduct The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.