Category: Irish Society

The status of frozen embryos under the ECHR

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| Irish Law, Irish Society, Law

European Court of Human Rights, via BBCWhat should be the legal response to a situation where a couple, having frozen the woman’s embryos (say, for medical reasons) subsequently break up? If neither statute nor the arrangement between the couple and the clinic provides for this, then it would seem that the woman has no right to seek to implant the embryos in the hope of bearing a child or children without the consent of her now ex-partner. This at least was the view of the Irish High Court in MR v TR [2006] IEHC 359 (15 November 2006) interpreting the Irish Constitution last year (already noted on this blog); and it was the view this week of the European Court of Human Rights in Evans v UK [GC] 6339/05 [2007] ECHR 264 (10 April 2007) …

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“The right of a free press to communicate information without let or restraint is intrinsic to a free and democratic society”

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| Freedom of Expression, Irish Law, Irish Society, Media and Communications, prior restraint

Luminarium, Dublin, 15 Jan 2007I have recently commented on this blog that the right to freedom of expression Article 40.6.1(i) has finally got some teeth!?. That process continued today in the Supreme Court, where Fennelly J uttered the line used as the title to this post. …

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Filibustering the Defamation Bill? Surely not?

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| Cinema, television and theatre, Defamation, Irish Law, Irish Society, Media and Communications, Politics

Poster for 'Mr Smith Goes to Washington' via AOLFilibuster: (noun) an action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures.

The word originates in words of piracy, such as the French ‘flibustier’, the Spanish ‘filibustero’ and the Dutch ‘vrijbuiter’, all etymologically equivalent to ‘freebooter’. The 1939 movie ‘Mr. Smith Goes to Washington‘, directed by Frank Capra (nominated for two oscars for this movie), stars Jimmy Stewart, in his patented role of a young naif, this time oscar-nominated as a newly elected Junior Senator Jefferson Smith. The climax of the movie is a filibuster staged by Mr Smith in the Senate so that there would be enough time to expose the corruption of his mentor, Senator Joseph Harrison Paine, played by the also oscar-nominated Claude Rains.

I have already commented on the slow progress of the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) and the number of red herrings in the debate, and concluded that it had become increasinlgy unlikely that the Bill would be enacted before the election. Now, from yesterday’s Order of Business in the Seanad (html | pdf to follow | Irish Times report (sub req’d)), a cynical explanation: a filibuster!…

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Article 40.6.1(i) finally gets some teeth!?

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| Freedom of Expression, Irish Law, Irish Society, Media and Communications

Luminarium, Dublin, 15 Jan 2007Various news services (BreakingNews.ie | Ireland.com | RTÉ) report that Mr Justice de Valera today struck down section 3 of the Vagrancy (Ireland) Act 1847 (as amended by the Public Assistance Act, 1939), much to the chagrin of the perpetually angry JC Skinner. That section made begging in a public place an offence, and de Valera J struck it down as a disproportionate infringement upon the right to freedom of expression in Article 40.6.1(i) of the Constitution and the unenumerated right to communicate located in Article 40.3.1

Perhaps this will be the spur to dust down the Law Reform Commission’s 1985 Report on Vagracy, as part of a thorough-going reform of an area of the law largely untouched since Victorian times? More importantly, as far as I know (and the High Court in The State (Lynch) v Cooney [1992] IR 337 notwithstanding) this is the first time that a section of an Irish Act has been struck down on freedom of expression grounds. If so, that makes today a red letter day in Irish constitutional history: the day upon which Article 40.6.1(i) finally gets some teeth. …

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Consumers’ Days

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| Contract, Irish Law, Irish Society

National Consumer Agency logo, via the NCA websiteIn the week that the EU Commission adopts a Consumer Policy Strategy for 2007-2013 (largely welcomed (pdf) by the European Consumers’ Organisation (BEUC)), and the Consumer Protection Bill, 2007 (noted here) wends its way through Committee stage in the Dáil (just in time for enactment before the general election, one hopes), it seems that today (15 March 2007 – the Ides of March, methinks) is World Consumer Rights Day (noted here by the NZ Free Speech blog Section 14; for more background see days that matter and also here), and tomorrow (16 March 2007) is the 9th European Consumer Day.

In Ireland, the National Consumer Agency (NCA, which will incorporate the Office of the Director of Consumer Affairs (ODCA) later this year, is the state body established (according to its website) “to be a powerful advocate on behalf of consumers” and it will “also have a leading role in consumer information, research, education and awareness”; whilst the Consumers’ Association of Ireland (CAI) is (according to its website) “an independent, non-profit organisation working on behalf of Irish consumers”. …

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Trócaire revise ads in face of BCI ban

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| advertising, Freedom of Expression, Irish Law, Irish Society, Media and Communications, Politics

BCI logoTrócaire have just posted a statement on their website, under the headline “BCI upholds its decision on Trócaire advert”, in which they say that they have agreed to revise their controversial radio and television advertisments:

Trócaire has been informed today by the BCI that it is confirming it’s initial decision in relation to Trócaire’s Lenten advertisement on gender equality, deeming that the campaign is toward a political end.

The BCI has proposed an amendment to the script of the broadcast as follows:
“Support Trócaire to help end gender inequality.”

The original script stated:
“Support Trócaire’s Lenten Campaign to help end gender inequality.”

Despite this change Trócaire is satisfied that the three elements of our Lenten campaign namely, fundraising, awareness raising and campaigning on UN Resolution 1325 [link] (including the online petition [link]) are still fully intact. All these activities continue as before.

…

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