Reflections on the Citizen’s Assembly (3): The Presentation of Dr. Joan McCarthy

We are pleased to welcome this guest post from Donnchadh O’Conaill, of the Department of Philosophy, History, Culture and Art Studies at the University of Helsinki. This is the third of a series of posts Donnchadh is writing on presentations of ethicists to the Citizens Assembly; the first can be found here, and the second here

While debates over the status of the foetus are central to ethical and philosophical discussions of abortion, the freedom of women to choose to have abortions is crucial to political debates on this subject. Dr. Joan McCarthy presented a defence of this freedom, taking as her starting point “the body and the life of the woman or girl who is pregnant”, considered as a moral agent, i.e., as making ethical choices in concrete situations.[1] In assessing the choices such women face, McCarthy draws on two principles: autonomy and justice. Continue reading “Reflections on the Citizen’s Assembly (3): The Presentation of Dr. Joan McCarthy”

Reflections on the Citizen’s Assembly (3): The Presentation of Dr. Joan McCarthy

A boon for parliament? An initial response to the decision in Kerins v McGuinness

We are pleased to welcome this post by Dr. Tom Hickey, School of Law and Government, Dublin City University.

Sometimes constitutional law has an ironic effect and one that perhaps goes against the intuitions of lawyers, and of people generally. It prevents one arm of government from doing justice in order to allow another arm of government to do its job well. In today’s High Court judgment in Kerins v McGuinness, we see something like that at play, although it is probably better to say that in this instance constitutional law prevented one institution (the courts) from considering whether to offer a remedy for alleged injustices done unto Angela Kerins in order to allow another institution (parliament) to freely carry out its functions.

Continue reading “A boon for parliament? An initial response to the decision in Kerins v McGuinness”

A boon for parliament? An initial response to the decision in Kerins v McGuinness

Problems in US Preclearance in Ireland? Lawyers & Others who can help

Throughout the day I have been contacted by lawyers and others who are ready and able to help anyone caught up in the administration and application of the Executive Order in Irish airports. Here is the list. If you want to be added to it, please either let me know on twitter (@fdelond) or make it known in a comment to this post. We will keep updating this list.

NGOs
FLAC will try to arrange representation for anyone who needs it; contact them at www.flac.ie or directly on twitter @flacireland

The Immigrant Council of Ireland will also help anyone who needs it; contact at www.immigrantcouncil.ie or directly on twitter @immigrationIRL

Doras Luimní can offer support to anyone caught up in the application of the EO in Shannon Airport (Examiner report); contact them through their website

Solicitors

Gareth Noble @GarNob and all at KOD Lyons Solicitors www.kodlyons.ie

Albert Llussa, Daly Lynch Crowe and Morris Solicitors, The Corn Exchange, Burgh Quay, Dublin 2, T:+35316715618, +35314749134, E: albert@dlcm.ie, , W:

Miriam WIlson-Hughes @Griff101

Matthew Kenny of O’Sullivan-Kenny Solicitors was in touch to offer help from the firm

John Anthony Devlin of Barron Morris Solicitors

Simon McGarr of McGarr Solicitors

Cahir O’Higgins Solicitors info@coh.ie Tel: 018744744

Stephen Collins, Irish Refugee Council (see comments)

Barristers
The Bar of Ireland runs a Voluntary Assistance Scheme for NGOs in need of assistance from barristers; we are sure they would help: @BarofIrelandVAS email: vas@lawlibrary.ie

Anne Fitzpatrick

Gavin Elliot @sgelliot

Emma Slattery @epslattery

Patricia Brazil 

Garrett O’Halloran

Colin Smith

Patricia Sheehy Skeffington

Rory Treanor

Aoife McMahon

David Lennon

Julie O’Leary

Ann K Stapleton

William McLoughlin

Roger Cross

Paralegals, Legal Research, General Legal Knowledge
Jo Willis @jobw

Maria Hennessy @MP_Hennessy

Joan O’Connell hello@joan.ink  @clicky_here

Catherine Thullier (see comments below)

Ciara Ní Ghabhann

Donna Lyons, researcher & attorney-at-law (New York) lyonsdm@tcd.ie

Patricia MacBridge @IRLpatricia

Academics 
Jennifer Schweppe (Limerick) @jschweppe 

Darius Whelan (UCC) @dariuswirl

Siobhan Mullally (UCC) @smullallylaw

Fiona de Londras (Birmingham) @fdelond

Media, logistics and PR
Louise Williams @loureports

Practical Knowledge of CBP & Immigration

Colm Falherty @CJayFla

Colin Lenihan @colinlenihan

Problems in US Preclearance in Ireland? Lawyers & Others who can help

The ‘Muslim Ban’: Suggested text for letter to members of the APPG on Ireland and Irish in Britain

Irish citizens resident in the UK may be interested in hear that there is an All Party Parliamentary Group on Ireland and the Irish in Britain, the members of which are often receptive to correspondence from Irish citizens. Below is a text that might be useful for people who want to correspondent with them on the matter of the so-called ‘Muslim ban’ recently enacted in the United States of America.

Dear

Given your membership of the APPG on Ireland and the Irish in Britain, I am writing to you as an Irish person living in the UK to bring your attention to particular concerns relating to the so-called Muslim ban implemented by President Donald J. Trump.

As you may know, the Executive Order is to be applied in US preclearance areas, including in Dublin and Shannon Airports, as well as by air carriers worldwide. I am sure you will also be aware that an increasing number of UK residents travel to the US via Ireland, particularly to avail of the preclearance arrangements there.

I am writing to you to ask you to make enquiries of the Prime Minister and relevant other Ministers as to:

  1. Assurances that have been sought by the UK government from the Irish government that the rights of EU citizens, including UK citizens, while travelling through US preclearance in Irish airports are being fully protected.
  2. Details of representations from the UK government to the government of the United States of America to ensure its full compliance with international refugee law and international human rights law.

All over the United States this weekend lawyers and others have protested against this unlawful, cruel, Islamophobic and xenophobic attempt to undermine the rule of law. I ask you to ensure that the UK government stands with them.

Given the urgency of the situation, I would appreciate your swift response.

Yours sincerely,

The ‘Muslim Ban’: Suggested text for letter to members of the APPG on Ireland and Irish in Britain

US Preclearance and the ‘Muslim ban’: Write to the IHREC

Here is a suggested text to the Irish Human Rights Commission for those who would like them to take steps available to them to assess whether the public bodies’ human rights duty under s. 42, IHREC Act 2014 is being complied with. 

Emily Logan, Chief Commissioner

Irish Human Rights & Equality Commission

16-22 Green Street

Dublin 7

D07 CR20

publicinfo@ihrec.ie

Dear Ms. Logan and members of the Irish Human Rights and Equality Commission,

As you will be aware, the US Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” is applicable in US Preclearance areas in Dublin and Shannon Airports.

Both the Agreement between the Government of the United States of America and the Government of Ireland on Air Transport Preclearance (2008) and the Aviation (Preclearance) Act 2009 make clear that an Garda Síochána and Customs and Excise officials of the Revenue Commissioners are involved in the administration of the preclearance arrangements and area.

I am writing to ask you to take the appropriate steps to assess whether all Irish public bodies involved in the administration of the preclearance area and agreement are acting in compliance with their duties under s. 42 of the Irish Human Rights and Equality Commission Act 2014.

Yours sincerely,

US Preclearance and the ‘Muslim ban’: Write to the IHREC

US Preclearance and the ‘Muslim ban’: Write to your TD

We suggest below a draft letter that people concerned with the application of the Executive Order in US pre clearance in Irish airports might find useful should they wish to write to TDs in relation to it. Of course, people should adjust it to reflect their preferred language and approach to the issue, but we hope it might be useful.

Dear

I am writing to you [as a constituent [and] citizen] to express my deep concern about the continued operation of the Aviation (Preclearance) Act 2009 and associated agreements in Irish airports during the administration of President Donald J. Trump.

In the first week and a half of his presidency we have already seen Trump attempt to subvert the Immigration and Nationality Act 1965 in order to apply discrimination in immigration and undermine international refugee law through Executive Order. As a result of the preclearance agreement between Ireland and the USA, this Order is being applied on Irish soil and in Irish airports. As you will be aware, Article II(1) of that agreement makes it clear that Irish law continues to apply in those preclearance areas. The application of this Order may result in, for example, EU Citizens with dual citizenship with a listed country experiencing nationality based discrimination, facilitated by Irish law, in clear contravention of the TFEU. I remind you also that it is not  possible effectively to renounce citizenship in Iran, Syria, Libya and Yemen.

I remind you that under the 2009 Act, those turned away at preclearance are at the frontiers of the state and must be treated in accordance with Irish law. The Irish state also has obligations of non-refoulement which may arise. Furthermore, any Irish officials including Gardaí who may be involved in any way in policing the preclearance area are obliged as always to act in full compliance with the Constitution and with the ECHR.

Even if Congress supports President Trump’s policies through legislation, thus amending the 1965 Act inasmuch as that is constitutionally permissible, Ireland must ensure that rights under the Irish Constitution continue to be protected in these preclearance areas, and that violations of international law are not facilitated through the application of the agreement.

Bearing all of the above in mind, I would be grateful if you could please seek from the Taoiseach and appropriate minister, and provide me with, details of the following:

A. Measures that are being taken to ensure that unlawful discrimination is not being undertaken or facilitated at Irish airports through the application of Trump policy in preclearance areas.
B. Measures that the Irish government is taking to ensure that international refugee law is not subverted through the application of Trump policy in preclearance areas.
C. Mechanisms in place to ensure Ireland’s obligations under the TFEU, the ECHR and other applicable international law are fully complied with in preclearance areas.
D. Procedures for withdrawal from the preclearance agreement and bases upon which withdrawal would be contemplated by the Irish government

All over the United States this weekend lawyers and others have protested against this unlawful, cruel, Islamophobic and xenophobic attempt to undermine the rule of law. I ask the Oireachtas and the Irish government, in my name, to stand with them. I also ask you to ensure that Ireland provides protection to people seeking asylum from Syria, in particular, who President Trump seeks to preclude from receiving refugee status in the United States.

Given the evident urgency of the matter, I look forward to your swift response.

Yours sincerely,

US Preclearance and the ‘Muslim ban’: Write to your TD

The Right to Legal Advice in the Garda Station: DPP v Doyle

The Supreme Court yesterday ruled (6 agreeing, though for different reasons, and 1 dissenting) that the constitutional right to reasonable access to a lawyer does not extend to a right to have a solicitor present during Garda interviews. In May 2014 the DPP had instructed gardaí to permit solicitors to attend interviews where requested, stemming from the fact that Irish and European jurisprudence and regulation was moving in that direction. There had not, at that point, been a ruling that there was such a right under the Irish Constitution, and Ireland has not opted into the EU Directive on Right of Access to a Lawyer in Criminal Proceedings. However, it had been strongly indicated in obiter statements in the case of DPP v Gormley and White that this was possible. The decision in Doyle indicates that Irish constitutional law has not reached that point, not yet at least. Continue reading “The Right to Legal Advice in the Garda Station: DPP v Doyle”

The Right to Legal Advice in the Garda Station: DPP v Doyle

The Role of Sport in the Recognition of Transgender and Intersex Rights

We are pleased to welcome this guest post by Conor Talbot, PhD Candidate at the European University Institute, Florence, and an Associate Researcher at the Department of Economics, Trinity College Dublin (contact ctalbot@tcd.ie).

Sport is an integral part of the culture of almost every nation and its ability to shape perceptions and influence public opinion should not be underestimated. The United Nations has highlighted the potential for using sport in reducing discrimination and inequality, specifically by empowering girls and women. Research indicates that the benefits of sport include enhancing health and well-being, fostering empowerment, facilitating social inclusion and challenging gender norms.

Continue reading “The Role of Sport in the Recognition of Transgender and Intersex Rights”

The Role of Sport in the Recognition of Transgender and Intersex Rights

Brian Farrell on Freedom from Want

“The third is freedom from want . . . everywhere in the world.”

– Franklin Delano Roosevelt

The first and second of the Four Freedoms articulated by President Franklin Delano Roosevelt during his State of the Union speech on January 6, 1941, would have seemed familiar and comfortable to most listeners. After all, the freedom of speech and freedom of religion were two classic limits on the power of government – what we often call “negative” rights, or civil and political rights. Such rights were at the core of the American constitutional order, enshrined in the Bill of Rights.

As Roosevelt continued his speech, he identified two additional Freedoms of a very different character. The third of the Four Freedoms was “freedom from want – which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants – everywhere in the world.” This was followed by freedom from fear. Unlike the first two Freedoms, these did not limit government interference with the individual; rather, they contemplated an affirmative government obligation to deliver these societal necessities to its citizens. Continue reading “Brian Farrell on Freedom from Want”

Brian Farrell on Freedom from Want

Darcy on Freedom of Religion

“The second is freedom of every person to worship God in his own way – everywhere in the world”.

– Franklin Delano Roosevelt.

I am pleased to contribute a short essay to the University of Iowa Center of Human Rights’ celebration of the ‘Four Freedoms’ speech, delivered by United States President Roosevelt in January 1941. Those working in this field are well aware that the speech itself and the context of the Second World War in which it was made gave significant impetus to important human rights developments, including the emergence of an international system aimed at protecting and promoting human rights. That system continues to evolve, to elaborate on the substance and meaning of human rights, and to identify where responsibility lies for ensuring respect for human rights. Continue reading “Darcy on Freedom of Religion”

Darcy on Freedom of Religion