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Updated 2.40pm
PROCEEDINGS OF THE Supreme Court have been broadcast live for the first time in the history of the State.
The decision to allow RTÉ cameras into the country’s highest court was taken after the chief justice Frank Clarke said he wanted to “demystify” what happens in the court.
Despite being allowed in for today’s proceedings, Clarke has said that the filming of criminal proceedings is still a long way off.
The court dealt with two cases; one concerning an appeal made by a man who was to be extradited to the USA for mortgage fraud offences. This was rejected.
The US had sought the extradition of Patrick Lee, to stand trial for 51 alleged offences of wire fraud, unlawful monetary transactions and aggravated identity theft. Lee had fought this in Irish courts.
The High Court and Court of Appeal had ruled that Lee should face extradition, but he brought the matter to the Supreme Court.
Today, the Supreme Court upheld that ruling. Clarke said that he “would propose that counsel be heard further on the precise form of order which should now be made to facilitate Mr Lee’s extradition”.
The other involved the case of a man who was looking for compensation for abuse he endured as a child in a residential institution. This was granted.
The applicant, referred to as Mr H, has previously been denied compensation because the residential institution he was in was not covered by the scheme set up to provide redress.
The Supreme Court looked at his case in relation to the Residential Institutions Redress Act 2002.
Mr Chief Justice Clarke said that the purpose of the legislation “is to adopt a generous or liberal approach having regard to the remedial nature of the legislation concerned”.
“I am not satisfied that the intention of the Oireachtas to exclude compensation in cases such as this is sufficiently clear that it would be unfair or inappropriate to adopt such a broad interpretation,” he said.
The court ruled that Mr H is entitled to compensation and referred the matter back to decide the appropriate amount to be granted.
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Should the headline not read “Minister to decide whether to increase or decrease homelessness during the worse pandemic in modern history”
@Grainne Burke: to be fair they should maybe protect tenants in general but giving a free for all long term isn’t going to work as I know my own tenants haven’t paid 80% of the rent since the lockdown…. Despite getting assistance from the government… Cos they can’t be evicted. Assume they will move out once the eviction ban is over.
Any news on giving a tenant notice to move out? Not the same as eviction.
@Customer Service Agent 1916☘️: I believe eviction and notice of termination are all on hold
@Jim Buckley Barrett: I thought that myself, I just wanted to see if others had any more info. Thanks for the reply Jim.
@Customer Service Agent 1916☘️: Landlords banned from giving notice to quit from 27/3/20. We have just had to deal with this ourselves. Landlord gave us 6 months notice to quit on 30/3/20 as he wants to sell the property but after advice from Threshold and if you look at the RTB website, this notice is invalid. He has to reissue after 20/7/20 if there is no further extension. If you were given notice to quit before 27/3/20 then your notice period is put on hold until after the ban is lifted.
@Customer Service Agent 1916☘️: yes, I have other info about pure common sense.
What is the point to ban evictions from 27 March and not earlier? Landlords gaining one or two weeks? It is totally absurd. Only put in more stress people during the lockdown
The eviction ban was announced on 19 March. Any notice with dates between 19 to 27 March were issued or
With the public information at those date, knowing they were invalid
With privileged information at those date, knowing they will be paused for three months
What’s the point to serve them then?
Win one week time in kicking out tenants?
Totally absurd decision from the government, only put in distress tenants and at the commencement of the lockdown, despicable emotional abuse against tenants in a very vulnerable situation
Don’t hold your breath. During the election FF promised to deliver affordable homes for €250k or less. Last night Housing Minister Darragh O’Brien said that setting limits on price for affordable housing was ‘flawed’. That was a pretty quick u-turn!
Why does he need to consult . Its in already ,just extend it. This is a major decision for this new housing minister and seeing what direction this new government will take. Im afraid its going to be more of the same of the last few years.
@VJH: They could just say there will be a ban on evictions for those who can prove that they can’t pay rent because of losing their job to Covid. Otherwise, a blanket ban on evictions will mean landlords arent going to want to rent places out as a certain subset of chancers just won’t pay. Same for rent freeze. Long term these policies hurt renters, landlords can always just sell.
@VJH: for them to extend it, they would need to extend the state of emergency which allows them to bypass /suspend parts or all of the constitution and that’s not legal without good cause and they are saying themselves that we are coming out of the lock down for all the right reasons so hard to justify extending the state of emergency
@Damon16: can’t sell when tennant not paying can’t be evicted.
Interesting case before the High Court atm. Residents in Cork bringing a landlord to court for antisocial behaviour on the part of his tenants- mini raves, house parties, etc. But if the landlord can’t serve an eviction order how can this proceed? Similarly Stephen Donnelly of Grant Thornton receivers is being brought to court for failure to evict tenants from fire-trap residential buildings. This action is being brought by Dublin Fire Brigade. A ban on evictions could mean that these tenants die in a fire. A ban on evictions is one of those things that sound great but runs into serious practical difficulties and ultimately does not benefit tenants in the whole.
@Sean: During the emergency period, anti social behaviour is a Gardaí matter, RTB has not jurisdiction unless the parties engage in mediation. Meaning anti-social tenants face time in prison, only a judge make such decision.
Seville case is a case of landlord refusing to perform a number of times instructions from the Council. When a prohibition to rent notice is issued by the Council, the tenants liability of pay the rent finished but the right to stay remains unaltered. The landlord, or his agent, has the obligation to issue termination notices. Those termination notices give rights to the tenants, the right to back to their homes.
In other part of the World, the Seville place receiver will be in a criminal court, facing prisión, straight.
The proceedings for major failure in Building regulations compliance such as Fire and Electricity Safety, are long.
Councils seek actively the standards are brought up, there is a range of grants, loans and schemes
The works can be done with sitting tenants
The solution is not evict people, it is the Council taking up the works to bring the fire and electricity up to building regulations. And send to jail the landlord and his agent, just like any first World country
Why does Darragh O’Brien always remind of John Delaney
This clown will make Eoghan Murphy look like Willy Wonka.
Fianna Fail are the ones that privatised Social housing (giving private landlords & vulture funds >1billion per year)
Fianna Fail are the ones that ensured that private house prices went up so high that single people or couples earning between them 60k-70k couldn’t afford one.
Fianna Fail are the ones who stood over, pyrite, Shody builds (Priory hall) poor fire self regulations)
Fianna fail are the ones that had builders & developers lining their pockets in the Galway tent
and now these cute hooers are back in cabinet with the Housing brief? may God have mercy on our souls
is not everyone talking about “getting back to normal” – two, so far, headlines talking of getting back to normal… not agreeing or disagreeing but as restrictions are lifted so too must the other measures.
There has to be some relief for both tenants and Landlords. Some tenants undoubtedly will take advantage of the eviction freeze by not paying rent.
That’ll be a no then! Look who is deciding !
I’m just wondering when this rent freeze kicked in? I haven’t seen any evidence of it, in fact, this article is contrary to [at least] one which was published approximately a month ago in which it stipulated that rents are going up due to the lack of houses being built, and consequently, landlords are getting poorer and poorer by the day :(
I really REALLY feel sorry for landlords, the poor little mites, especially with all this *supposed* freezing going on – how else can parasites survive without living off the warm blood, sweat and tears of others?
The PUP has been extended to 10 August and other financial assistance to business will be beyond Christmas ….. and he needs to ask to the HSE …. seriously!?
This is an excuse to elude his responsibility, to not be accountable for an unprecedented homelessness avalanche, homelessness tsunami
In future the history books will tell, unless during the Great Famine people have a roof. Unfortunately during the Great Pandemic, the government was afraid of landlords and make a set of decision that leed to tsunami of homelessness, thousands of people died that winter in crowded Direct Provision like foreigners in their own Land, like those seeking refuge in our Land. This was made by our own
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