The High Court refused an application by the Irish Human Rights and Equality Commission (IHREC) to appear as amicus curiae in judicial review proceedings concerning a child detention centre, saying its involvement would not be useful at this stage given factual disputes and the timetable for written submissions.
In a judgment delivered on 21 December 2016, Mr Justice Eagar said the court had previously sought further information about the Commission’s proposed role. The request followed an application under section 10(2)(e) by IHREC Chief Commissioner Emily Logan.
In a supplemental affidavit, Logan said the Commission would make written submissions after receiving submissions from the applicant and respondents, to avoid duplicating their arguments. IHREC also proposed succinct oral submissions at trial, subject to the trial judge’s directions, and said it would bear its own costs. Logan said the Commission could offer an international human rights perspective on separation or segregation policies affecting children in detention. She said IHREC would not contest the facts.
The judge said the supplemental affidavit clarified the Commission’s intended role and expertise. However, the court had received no information about what prompted the application, including whether the applicants had contacted IHREC or whether media reports had led to it. The judgment also noted that the Commission had not been given the parties’ submissions because they had not yet been prepared.
The respondents’ counsel said there were substantial factual differences and that an application would be made to amend the statement of opposition to raise mootness. The court itself said factual disputes were clear and that IHREC was not in a position to engage with them. Given the submissions timetable, the judge was not satisfied the Commission could supplement the parties’ arguments usefully.
The court refused the application for IHREC to appear as amicus curiae “at this time”. Eagar J said a role for the Commission might be more appropriate in any appeal to the Court of Appeal, if the matter was not settled. The judgment does not determine the underlying judicial review.
The court directed the applicant to file written submissions by close of business on 21 December 2016 and the respondents to file theirs by 16 January 2017.