The Human Rights Commission will use its right to appear in court assisting another party for the first time next week.
The commission will appear next Tuesday in the Supreme Court in a case involving an individual threatened with eviction by Dublin City Council. The council is seeking to repossess the person's home because of alleged anti-social behaviour.
Judge Jacqueline Linnane of the Circuit Court, to which the eviction order in the District Court was appealed, last November sought to have a case stated in the Supreme Court on a point of law.
The legislation setting up the Human Rights Commission included a provision for it to act as as amicus curiae (friend of the court) in cases with a human rights dimension.
The Human Rights Commission is joining in the case seeking an interpretation of the European Convention on Human Rights Act. This was the Act, which came into force in 2001, that incorporates the European Convention on Human Rights into Irish law. This means that public bodies, such as Dublin City Council, must take account of its provisions in their policies and practices.
The specific case coming up on Tuesday is one of a number where Dublin City Council is seeking repossession of its properties on the basis of alleged anti-social behaviour of the tenants. The others have been held up while the law is clarified.
The policy of repossessing local authority dwellings for anti-social behaviour has been questioned because, it is claimed, there is a lack of clarity on what constitutes anti-social behaviour, and allegations are normally made by neighbours. A problem can also arise where a whole family can be evicted because of the behaviour of one of its members.
In an unrelated case, Galway City Council faced widespread criticism last December when a woman, Bríd Cummins, was found dead in her council flat the day she was due to be evicted for alleged anti-social behaviour. The council had also directed an independent organisation for the homeless not to assist Ms Cummins if she presented herself to it. She suffered from a disability and a number of medical problems.
The Galway council has since agreed to review its policies on anti-social behaviour and the transfer of tenants. This review will address the practical application of the policy, as well as the need for a framework for dealing with neighbourhood disputes.