The Irish Human Rights and Equality Commission (IHREC) has been granted liberty to appear as an amicus curiae, or friend of the court, in four cases involving conditions at Oberstown Detention Centre, the Court of Appeal has ruled. The High Court previously declined IHREC’s application to present submissions to the court as a third party with a bone fide interest in the proceedings.
By IHREC is Ireland’s national human rights institution, and the Human Rights and Equality Act 2014 provides that its functions include applying to appear as amicus curiae before the superior courts in cases involving human rights or equality. The courts retain discretion as to the granting of applications made under the Act. The Oberstown cases involve allegations by minors that they have been detained in conditions amounting to solitary confinement at the detention centre in Dublin. As such, IHREC applied to present submissions on the domestic and international human rights standards relating to children in detention.
In December, the High Court ruled that it would not grant IHREC liberty to appear as amicus curiae, as more information was required from IHREC. In his judgment, Mr Robert Eagar acknowledged that, given the ages of the children involved, important human rights issues were raised. However, Mr Justice Eagar agreed with the submissions of counsel for the respondents in the proceedings – the Director of Oberstown and the Minister for Justice – that IHREC’s application offered “no clarity as to [IHREC]’s proposed role”. This order has now been overturned by the judgment of the Court of Appeal.
Emily Logan, Chief Commissioner of IHREC, stated that IHREC welcomed the decision of the Court of Appeal, and that IHREC applied to appear as amicus curiae as the proceedings raise “important issues regarding the human rights of children in detention”. IHREC will provide an experience-based human rights perspective, according to Ms Logan.
The four cases were listed for hearing in the High Court on 17 January, and IHREC’s written submissions will be available on www.ihrec.ie after that date.