Divide and Conquer
There is no provision within Irish law that enables "class action" lawsuits. This is a legal avenue in which two or more persons unite to take a common defendant to court because the facts and complaints are similar. Our legal landscape is founded in British Common Law but this little gem was not included in the Irish scenary. Why is that? Edward McGarr poses this very question in one of his posts. The answer? Well maybe it was an oversite, or maybe it was deemed unneccessary at the time, or maybe it was something else?
Whatever was in the minds of the men who drafted our constitution concerning this issue we’ll never know; but, neglecting to adopt this ability for citizens to band together to challenge possible legislative atrocities has had recent repercussions.
There could be as many as 150 families, possible plaintiff’s, that have a personal interest in the case of the O’Cuananchain’s versus the Department of Education and Mary Hannafin. Cian and Yvonne had to go it alone against the State in a test case instead of a class action. This was not a frivolous action, it was not about money, it was a human rights issue, it was about getting special education for an autistic child. The court costs in this case could have provided each of the 100 plus children concerned with one year of the special attention they need.
In the area of family rights there is also a need for renewed legislation as the traditional views of "family" are changing. The definition of the family, of marriage, and of cohabiting partners is undergoing a momentous re-evaluation. Equally at issue here is not only the vague, and possibly outdated, view represented in the Constitution of what makes up the family unit; but, the losses to the government purse when the transfer of property occurs under the provisions of the Capital Acquisitions Tax. Surely the government would prefer to beat down one claim at a time instead of facing hundreds, if not thousands, of coordinated litigants.
The rights of the family are also a great concern in the outlook we take on Immigration, and any changes will impact heavily on families living in Ireland today. One case in point is Latif Yahia. Latif is an Iraqi native, author, husband and father, and married to an Irish woman, who make their home in Dublin. For years he has been fighting to stay in Ireland, his latest book The Black Hole, is supposedly banned here and in America, and he has letters of advocacy from none other than Bertie Ahern displayed on his blog. It seems Bertie had better luck with his friend from Manchester as a Cabinet Member than he had against Michael McDowell as Taoiseach.
Not having the ability to bring class actions in these and other cases is severely detrimental to our legal system.
Four Courts, Dublin
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Baby toys are a particular worry!
