By Eoin Marsh
The High Court has temporarily restrained Dublin City Council from evicting a long-term tenant from her home at 19 Belcamp Crescent in Priorswood, Dublin 17, pending the trial of her human-rights proceedings.
Patricia Byrne had been a council tenant for more than 20 years and had lived at the Belcamp address for about five years when proceedings began. In November 2006, the council served a notice to quit, relying on alleged improper and anti-social behaviour by members of her family.
A District Court warrant for possession followed in May 2007. Byrne accepted that the behaviour of two sons, Michael and Edward Byrne, had caused problems. She later obtained orders excluding them from the family home.
Byrne challenged the proposed eviction under the European Convention on Human Rights Act 2003. She argued, among other things, that eviction would interfere unlawfully with her right to respect for her home and family life under Article 8.
Mr Justice Roderick Murphy did not decide the ultimate legality of the eviction. Instead, he found there was a serious question for trial as to whether Dublin City Council would breach its statutory duty under section 3 of the 2003 Act by enforcing the possession warrant in the changed circumstances.
The judge noted that most of the serious complaints concerned Michael and Edward, who were no longer living at the property. Byrne had also taken legal steps to prevent their return.
The court found that eviction could leave Byrne and the children still living with her homeless, with no apparent alternative accommodation. Against that, there was no evidence at this stage of comparable prejudice to the council while the principal source of the complained-of behaviour remained absent.
The injunction was therefore granted pending trial. It is conditional on neither Michael nor Edward returning to live at 19 Belcamp Crescent. Dublin City Council may apply to discharge the injunction if either does so.