Tag Archives: supreme court

THE Supreme Court has overturned a decision allowing Clare County Council to evict a Traveller family who have been living on lands in Ennis for several years. An injunction had been secured by the local authority from the High Court requiring Bernard and Helen McDonagh, and members of their family, to immediately vacate council-owned lands at Cahercallamore, Ennis. However, this week the family’s appeal against their eviction was upheld, with five Supreme Court justices ruling unanimously in favour of the McDonagh family. The Irish Human Rights and Equality Commission has welcomed the ruling, describing it as significant. The mandatory injunction, granted in 2019, was to remain in place pending the outcome of the full hearing of the dispute. Seeking the injunction, the council claimed the McDonaghs were unlawfully occupying the site and had also breached the 2000 Planning and Development Act by the unauthorised development there of a roadway and courtyard. The injunction was upheld on appeal by the Court …

THE project manager at the Clare Immigrant Support Centre in Ennis has described this week’s Supreme Court finding that the ban on asylum seekers joining the working force is unconstitutional as “very significant”. The ban was appealed by a Burmese man who lived in Direct Provision for eight years, prior to being granted refugee status. The court adjourned making a formal order for six months, to allow the Dáil to address the issue. Ireland and Lithuania are the only EU member states with indefinite bans on the right to work, while the working group report to government on Improvements to the Protection Process, including Direct Provision, recommended that the right to work be brought in. The Irish Government has yet to implement the recommendation. “This is a very significant and welcome decision by the courts,” Orla Ní Éilí, who has worked in the Clare Immigrant Support Centre for 24 years, told The Clare Champion this week. “I remember in 1996, …

THE Supreme Court has refused, on grounds including it does not make “futile orders”, to declare that planning decisions relating to a windfarm development on a mountain site at Derrybrien did not permit deforestation of more than 115,000 trees. The site was the scene of a massive bog slide in October 2003 when nearly half a million tonnes of peat and debris was displaced, causing considerable damage to the surrounding area and pollution to a nearby fishing river. Following a 2008 decision of the European Court of Justice that Ireland had not fulfilled its obligations under a 1985 EU Directive related to assessment of the effects of certain public and private projects on the environment, a local residents group appealed in 2009 against the 2005 refusal of the High Court to grant injunctions stopping the deforestation. The Chief Justice said, while the Supreme Court was prepared to approach the appeal “on the assumption the planning permission did not cover or …

THE latest legal challenge by a County Clare man against the result of the same-sex marriage referendum has been dismissed by the High Court. Gerry Walshe, an electrician, of Lisdeen, Kilkee asked the High Court to quash the Referendum Returning Officer’s decision to certify the result last August, which had the effect of formally confirming the outcome of the ballot. In a ruling on Wednesday evening, Ms Justice Margaret Heneghan dismissed Walshe’s demands for several orders that would have frozen proposed new legislation currently before Dáil Éireann enabling same-sex couples to marry. The Judge described as misconceived Mr Walshe’s interpretation of Returning Officer Riona Ní Fhlanghaile’s statutory function to sign the certificate confirming the result. The Judge also awarded the State its legal costs against Mr Walshe, an application Mr Walshe had opposed. He also sought orders staying any further actions being taken in relation to the Same Sex Marriage referendum result until his case has been determined. Mr Walshe, …

A FRESH legal challenge is to be brought against the result of the same sex marriage referendum. The latest challenge has been brought by Mr Gerry Walshe, an electrician, from Lisdeen, Kilkee The Supreme Court last week refused to permit separate legal actions brought by both Mr Walshe and Mr Maurice Lyons from Callan in County Kilkenny bring further appeals against the rejection of their challenges to the Yes result of the same-sex marriage referendum. The court said, “It would not be necessary in the interests of justice that there be an appeal to the Supreme Court.” However in a new application, where Mr Walshe will ask the High Court for permission to bring proceedings against the State by way of judicial review, will be made before the duty Judge at today’s (Tuesday) vacation sitting of the Court. The latest action is understood to relate to the decision by the State to issue and sign the final referendum certificate in …