The High Court has granted an application by the Equality Authority to be added to High Court proceedings brought by an elderly Traveller couple in chronic ill-health. The couple have been living since 1998 in a decrepit mobile home on a "temporary" halting site in Clondalkin, west Dublin.
The authority's application to be joined to the proceedings as amicus curiae - a role as assistant to the court on legal issues - was opposed by the State and South Dublin Co Council.
Mr Justice John Quirke said yesterday he believed that the role of amicus curiae was incidental to the authority's powers and objectives to assist the court with its practical understanding of equality matters, especially regarding the Travelling community.
The legal proceedings have been brought by Brigid and Paddy Doherty. At earlier hearings, the court was told Ms Doherty was almost 70 and was admitted to Tallaght hospital extremely ill in December. She remains in hospital because her medical advisers do not wish to release her until her living conditions have improved.
Her husband Paddy (74), who also suffers from ill-health, said in an affidavit: "We simply struggle to survive from day to day. I love my wife deeply. I feel I can no longer stand by watching my wife's health deteriorating from day to day without doing something."
The Dohertys are seeking orders compelling the defendants to provide them with a centrally heated, insulated and internally plumbed caravan. Failure to do so breaches their rights under the European Convention on Human Rights Act 2003, the Equal Status Act, the Housing Acts and the Constitution, it is claimed.
