Amicus Curiae - Travellers Rights - Criminal Trespass Legislation
Lawrence & others v Ballina Town Council & Others (July 2008)
In 2005, the IHRC applied to the High Court for liberty to appear as amicus curiae in this case. The case involved a challenge to the Housing (Miscellaneous) Provisions Act 2002 (the criminal trespass legislation) and other related matters including consideration of the extent to which local authorities may be obliged to provide appropriate accommodation to Traveller families. The Equality Authority was separately joined as amicus curiae in the case on the basis of the equality issues arising.
The IHRC's written submission set out the relevant international standards, including those under the ECHR, the Council of Europe Framework Convention on the Protection of National Minorities and three UN conventions - the Convention on the Elimination of Racial Discrimination, the Convention on the Elimination of Discrimination against Women and the Convention on the Rights of the Child.
In February 2008 at trial, a settlement was reached by the parties in relation to those parts of the claims that related to the criminal trespass legislation prosecution against one of the family's members. As a result, the case was only heard against the County Council on matters relating to the housing claims of the Plaintiffs. On the basis of the settlement, the State, IHRC and Equality Authority withdrew from the case on the basis that the Constitutional arguments would not arise.
Judgment was delivered in July 2008 by Mr Justice Murphy in which the Plaintiffs claim was dismissed. The Judge referred extensively to the amicus curiae submissions in his Judgment.