Tuesday, September 18, 2007

Supreme Court appeal on High Court ruling on fathers' rights

The High Court ruling in favour of an unmarried father whose twins were removed to the UK without his consent is to be appealed to the Supreme Court, according to this story in the Irish Independent. While this development may disappoint - though hardly surprise - supporters of this and other fathers, the Supreme Court will provide a definitive clarification assuming one or the other party doesn't go to the European Court. And on the basis that the High Court doesn't engage in wild fantasies, the chances have to be in favour of victory there too.
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Mighty Mouse said...

Sorry, Padraig, but I don't think it’s as cut and dry as you seem to think. Although I support Mr. G and his dedication to his children, the High Court ruling simply undermines the Constitution. I don't think that the European Convention of Human Rights should have been adopted as it contradicts the Constitution and so a referendum would be needed to redefine the status of unmarried fathers. I would reckon that the Supreme Court will overturn this ruling and a referendum will be required to accept or reject the European Convention of Human Rights. Its actually a much bigger question than Fathers Rights (or lack of).

Padraig O'Morain said...

When you say it's a much bigger question, do you mean it's a question of the relationship between European law and Irish law? I had thought the European Convention would take precedence over Irish law. A referendum, then, would affect our relationship with the whole European Convention and not only in regard to this issue?

mighty mouse said...

Yes. Any matter dealt with in Irish Law and enacted by the Oireachtas can be over-ruled by European Law but the Constitution is a permanent fixture that can only be amended by a referendum.If a referendum was worded in such a way that a vote, one way or another on any given subject,was in contention with any European Law, we could not maintain our position in the European Union.