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UGA P/P143/1/2/19 · Sub-sub-series · 04/04/1979-12/07/1984
Part of Personal

Case relates to the Williams family, O'Connors family and 11 other families from the Travelling Community who were living in caravans on two sites at Fassaroe, Bray County Wicklow, owned by Bray Urban District Council (UDC) before they were removed by a Court Order. The children of these families were attending a special school and training centre St Kieran’s, Bray Co Wicklow, established in 1967 for travelling people, which necessitated the families residing in the area. Most of applicants had applied to Bray UDC for housing and case related to Bray UDC's duty to provide them with suitable alternative accommodation, and to ensure children did not lose out on education. Case heard in Wicklow Circuit Court 07/02/1981. High Court appeal heard 18, 19 March 1981, but ordered on 14/04/1981 to leave sites. Went to European Commission 18/09/1981, registered 30/11/1981 and on 12/12/1983 ruled inadmissible. In meantime most of the families had received housing from Bray UDC.

[Archivist's note: This case is both contemporary and sensitive in nature and material is therefore partially restricted. Please consult archivist to enquire about access to restricted material.]

UGA P/P143/1/2/19/1 · File · 04/04/1979-29/11/1981
Part of Personal

Material in this file relates to Bray Urban District Council (UDC) v Connors and Others, which was subsequently appealed at the High Court and which led to a joint case being taken to the European Commission (Williams and others) and covers the period 04/04/1979-29/11/1981. It includes correspondence between Bryan Curtin, O'Neill & Curtin Solicitors and Mary Robinson (MR), Senior Counsel, 15/12/1980-23/11/1981; handwritten case notes; copies of legal papers including letter most likely submitted in evidence from Elizabeth Currums, Secretary, Fassaroe Park Tenants and Residents Association to Aidan Murphy Town Hall, objecting to "Itinerant families...being moved in to houses at Fassaroe Park from the nearby field where they (were) camped", 04/04/1979, copy of Notice Requiring Abatement of Nuisance from Bray Urban District Council served to Mrs Williams on 25/09/1980 and signed by J Murphy swearing they served on that date, 17/10/1980, copy of The Circuit Court, Eastern Circuit, County of Wicklow Equity Civil Bill between Bray UDC and O'Connors and others, 21/11/1980 and photocopy of official Court Order, Eastern Circuit, 03/02/1981; High Court on Circuit list of appeals for hearing before Justice Ellis, 18-20/03/1981, including Bray UDC v Connors & Others; letter from Sr Colette Dwyer, National Council for Travelling People to MR re possibility of taking case to Council of Europe Commission of Human Rights, and which sympathises with MR losing recent Dáil election hoping it wasn't due to her "championship of their cause" 18/06/1981; typed draft of telex from O'Neill & Curtin solicitors to Dr HC Kruger, Secretary to European Commission of Human Rights "The Joint Petition of the following families of travellers...".

[Archivist's note: This case is both contemporary and sensitive in nature and some material in this file is therefore restricted. Please consult archivist to enquire about access to restricted material.]

UGA P/P143/1/2/19/2 · File · 18/09/1981-07/03/1984
Part of Personal

Material in this file labelled "L204 Williams + Ors v Ireland" (John and Patricia and 12 other families and Association of Teachers of Travelling people v Ireland) relates to the application to the European Commission of Human Rights which was submitted 18/09/1981. It includes correspondence between O'Neill & Curtin solicitors, M O'Boyle, for Secretary for European Commission for Human Rights, and Mary Robinson (MR), Senior Counsel, 02/04/1982-22/06/1983; photocopies of legal documents submitted in original case which formed part of Brief for Counsel and was then possibly copied again and submitted in application to European Commission, including relating to the case of The Residents and Tenants Association, Fassaroe Park v Bray UDC [this case led to Bray UDC v Connors & others (including Williams) and was heard at same time]; photocopies of telex from O'Neill & Curtin solicitors to Dr HC Kruger, Secretary to European Commission of Human Rights "The Joint Petition of the following families of travellers..."; copies of submissions made by O'Neill & Curtin solicitors to the European Commission in reply to submissions by the Irish government, in relation to comments made by Sr Colette re Government submissions and in relation to supplementary reply, with cover letter from Bryan Curtin to MR, 03/10/1983; photocopy of Decision of the European Commission, 12/12/1983, with cover letter from Bryan Curtin to MR, 20/01/1984; faded photocopy of extract of report covering progress made since the commission reported, n.d.; correspondence between MR and Curtin in relation to fees 01/02/1984, and in relation to assisting Sr Colette with press release following Commission's decision, 07/03/1984.

[Archivist's note: This case is both contemporary and sensitive in nature and some material in this file is therefore restricted. Please consult archivist to enquire about access to restricted material.]

Janice St Clair
UGA P/P143/1/2/20 · File · 22/01/1981-18/08/1982
Part of Personal

Tragic case involving woman suffering from post-natal depression who had miscarried, subsequently kidnapping a male child from Holles Street hospital in Dublin and taking the child from Ireland to England by boat along with woman's 10-year-old daughter. The woman realised she needed to give the child back while on the boat but continued to England to avoid her daughter being arrested with her. On landing she left baby on a train with note and rang police. Baby was found and St. Clair was arrested. Because she had had previous miscarriages, and had been sterilised, the police officer in charge of case did not believe she had been recently pregnant and therefore suffering from postpartum depression. Her free legal aid did not mention she had called the police to say she had left the baby on the train so that he was found soon after, which resulted in Judge Robert O'hUadhaigh taking case more seriously. She was given 9-month sentence, 31/07/1981. She was freed following appeal, 08/10/1981. Judge Martin in appeal stated original sentence was correct based on evidence presented but that original judge did not have benefit of medical evidence which led to Martin granting St. Clair benefit of Probation Act, which freed her.

Material in this file includes typed questions for Dr Judith Remet, Psychiatrist, with notation, and some information on Remet; handwritten notes on questions for examination of St. Clair, and typed answers with notation; copy of District Court judgement 31/07/1981 which sentenced St. Clair to 9 months in Mountjoy Prison, Dublin; handwritten notes (by Junior Counsel) and photocopies of other relevant cases used in background research [1981]; magazine "Status" article "the Quality of Mercy" relating to the case, 09/1981; cutting on result of appeal "Baby snatch woman freed", 09/10/1981; correspondence between Brian Gallagher, solicitor and Mary Robinson (MR) relating to fees 14/10/1981-18/08/1982.

[Archivist's note: This case is both contemporary and sensitive in nature and material is therefore partially restricted. Please consult archivist to enquire about access to restricted material.]

UGA P/P143/1/2/21 · File · 01/02/1979-29/09/1987
Part of Personal

Material relating to case of [Liam] Maguire v AG [Attorney General], Ireland and Michael Neary. Case related to discrimination against disabled people being allowed to undertake jury duty. Maguire was initially requested to attend but when he asked about access and stated he was paraplegic, he was made exempt. Maguire did not wish to be exempt and some of correspondence relates to the procedure to add someone back on to a panel of potential jurors after they have been removed. Includes material from the Irish Wheelchair Association and the Liam Maguire Trust of which Mary Robinson (MR) becomes patron. Maguire was Chairman of the Irish Wheelchair Association when he took the AG to court.

Material in this file consists of correspondence, research material, circulars, reports, brochures and newspaper cuttings and includes photocopies of correspondence between County Registrar, Circuit Court Office and John Liam Maguire, relating to the initial jury summons and exemption 01-12/02/1979; correspondence between Maguire as Chairman of the Irish Wheelchair Association and MR, including pamphlet "A Fair Deal for the Handicapped" 02-16/11/1979, which includes a letter from John O'Leary, Minister for State to each City/County Manager, 30/11/1978; newsletter from SPOD [Resource Group for the Sexual Problems of the Disabled], 11/1979; research material including photocopies of extract from book on Public Law, relating to the Vocational Rehabilitation Act, 1973 and booklet ""Aids for the Physically Disabled" with cover letter to MR from James [T?]ully, Minister for Local Government, 27/02/1974; handwritten case notes; circular from Tom Gallagher, Chairperson, Disabled Persons Action Group, inviting MR to 2-day public education programme on wheelchair access in Dublin City 01/05/1980; letter from Maria Walsh, Secretary, Walkinstown Association for Handicapped, inviting MR to press conference in Mansion House, Dublin, to announce their upcoming Sports Day, 15/07/1980; booklet "A Room With A View" produced by the Multiple Sclerosis Society of Ireland for the Year of the Disabled 1981; circular from Dunraven, President, Irish Wheelchair Association to All Public Representatives, in relation to 1981 being Year of the Disabled 13/03/1981; correspondence between Joan O'Connell, Assistant Education and Training Officer, Irish Congress of Trade Unions to MR as Senator in relation to invite to conference on Rights of Disabled People, 24-26/03/1981; Irish Wheelchair Association policy documents on Education, Training and Employment, and Housing, 1981; correspondence between MR, Ercus Stewart [Junior Counsel] and Pat McCartan, Michael D. White & Co. Solicitors 09/04/1981-18/05/1982 which includes copies of correspondence between Liam Maguire and the County Registrar (12/2/1979-20/12/1980), drafts and photocopies of legal papers such as Plenary Summons and Statement of Claim, with notations and replies from Maguire to questions from McCartan (16/11/1981), photocopy of letter from Dr Patrick C. Murray, Consultant, Rehabilitation Medicine, Our Lady of Lourdes Hospital, Dun Laoghaire (24/11/1981) stating nature of Maguire's injuries following accident and his mental and physical health and capabilities following rehabilitation, and letter from McCartan to MR giving information on how Jury panels were normally drawn up (18/05/1982); faded photocopies of correspondence between Pat McCartan and Louis J. Dockery, Chief State Solicitor 05/10/1981; A4 booklet "Access for the disabled - minimum design criteria", produced by the National rehabilitation Board, 11/1979; copy of letter from MR to Ercus Stewart which she sent him along with her file on case, to allow him to take care of case while she was in San Francisco [lecturing] (03/06/1982); correspondence from Pat McCartan to MR requesting she give drafting of replies attention, as there had been no response from Inge Clissman, B.L. who had taken over as Junior Counsel from Ercus Stewart, 28/02/1983-21/04/1983; letter to MR from John Mc Adam, Chairman of Trustees, the Liam Maguire Trust, 07/08/1984, thanking her for agreeing to become a patron, and including invite and programme for first Liam Maguire Lecture, "Independent Living for the Disabled", taking place in the National Concert Hall on 18/09/1984, with Judith E. Heumann, Associate Director, World Institute on Disability, Berkeley, California as Speaker; single page with handwritten address and phone number for Peter Moore [unsure of relevance]; cuttings (20/08/1979-06/10/1983). Also includes letter to MR from Peter Moore, who was writing biography of Liam Maguire on behalf of the Irish Wheelchair Association, 11/01/1985, flyer for "The Politics of Disability - The Finnish Experience", Kalle Könkkölä, Liam Maguire Lecture, National Concert Hall, 30/09/1986 and letter of invite to Liam Maguire Lecture, National Concert Hall, from John McAdam, at which Ted Kennedy Junior was speaking, and ticket stub, 29/09/1987.

[Archivist's Note 1: MR was Senior Counsel on this case, but temporarily handed over that role to Ercus Stewart, her Junior Counsel, while she was on lecturing trip to San Francisco, United States of America.

Note 2: Mary Robinson subsequently becomes patron of the Liam Maguire Trust].

UGA P/P143/1/2/22 · Sub-sub-series · 19/02/1981-25/10/1988
Part of Personal

Initially listed as Mr and Mrs Adrian English and others, a group of approximately 80 couples came together as the Married Couples Tax Association to challenge Irish Government on how tax was being applied to married couples (constitutionality of section 21 of Finance Act 1980). (Linked to ruling in Murphy case delivered in April 1980 by Supreme Court which ruled sections unconstitutional since State had considered wife's income to be husbands and taxed accordingly. Mary Robinson was Senior Counsel on both this and the Murphy case which is not in this archive.). High Court hearing before Justice Barrington 24/06/1984, judgement 16/07/1984, notice of appeal 07/09/1984 and Supreme Court Judgement 12/11/1985.

Material in this subsubseries is arranged across three files.

UGA P/P143/1/2/22/1 · File · 19/02/1981-31/05/1984
Part of Personal

Material in this file relates to case of Bernard and Ann Muckley v Ireland and includes correspondence between Mary Robinson (MR) as Senior Counsel and Brian Rigney, solicitor, 30/03/1981-25/10/1988, including in relation to fees; typed letter from Terry Ohle to MR in relation to a tax liability the Ohles owed and inquiring if there was a High Court Case pending that might assist 19/02/1981; correspondence from several couples to MR looking for assistance in relation to their taxes or wishing to be considered for test case 20/10/1981-10/01/1983; draft questionnaire sent out by Rigney to all couples in Married Couples Tax Association (MCTA) and related correspondence 11-15/12/1981; copies of typed letters from Brian Leonard to Rigney giving tax advice to be passed to the couples of MTCA, updating Rigney on two Tax cases involving Revenue Commissioners that were being adjourned on appeal and suggesting one (Muckley) could be used as test case 06/04/1982; photocopy of letter from Louis J Dockery, Chief State Solicitor to Rigney 31/05/1984; handwritten notes and background information and calculations on Finance Act and tax implications.

UGA P/P143/1/2/22/2 · File · 13/01/1982-14/11/1985
Part of Personal

This file contains legal documents and copies including copy of Defence by Louis J. Dockery, Chief State Solicitor, delivered in High Court, 13/01/1982, with notation; photocopy of Plenary Summons served to Attorney General and revenue Commissioners and signed by their solicitors 03/05/1982; draft typed Statement of Claim 1982; photocopy of [draft?] Notice of Motion and Reply, 198[2?]; photocopy of Statement of Claim delivered 22/10/1982 attached to additional photocopy of plenary summons signed; Transcript of Evidence (Respondents Copy) of High Court Action heard before Justice Barrington on 27/06/1984; Book of Pleadings Supreme Court n.d.; Book of Appeal, Book 1, Supreme Court, n.d.; Brief for Counsel (MR's copy) from Murphy Rigney & Co solicitors; cuttings 24/06/1984-14/11/1985.

UGA P/P143/1/2/24 · File · 16/12/1977-27/02/1984
Part of Personal

Material in this file relates to the case "In the matter of the Constitution of Ireland and in the matter of the social Welfare (Consolidation) act, 1981. Between the State (At the Prosecution of Róisín Conroy) Prosecutor and the Minister for Social Welfare, Ireland and the Attorney General, Respondents". Conroy, a former official with the ITGWU, was denied unemployment assistance because she was deemed to be dependent on her husband but was legally separated from him in the High Court five years previously and received no maintenance. Case challenged part of the code which said that separated or deserted wives were not entitled to unemployment assistance in affect because they were married woman and therefore dependent on their husbands, even when they received no maintenance or did not live with them. On 18/05/82 she won in High Court - no written judgement as it was settled on morning of hearing, including State paying Conroy's costs. This still did not help married woman get unemployment assistance which was next target of Women's Campaign for Unified Social Welfare Code.

Material includes correspondence between Mary Robinson (MR), Senior Counsel, and Brian Gallagher (BG) solicitor, Richard F Gallagher, Shatter and Company solicitors 22/02/1982-12/10/1983, which includes photocopies of correspondence between Róisín Conroy (RC) and Department of Social Welfare which she sent BG (24/04-22/10/1981) and correspondence relating to fees; photocopies of legal documents sent as part of communication between MR and BG, or as Discovery, including Affidavit of RC (Grounding) 12/11/1981, Decision of Deciding Officer, Department of Social Welfare, 09/07/1981 which was exhibit B referred to in Affidavit, Deed of Separation (16/12/1977), High Court Order 16/11/1981, Notice Showing Cause 21/01/1982, Notice of Motion 25/01/1982, Supplemental Affidavit of RC 16/03/1982, High Court Order, 01/04/1982, Affidavit of RC (1982) and Affidavit "of Discovery of the President" of Michael Carroll, Assistant Principal Officer, Department of Social Welfare (25/03/1982), both marked "Discovery"; correspondence relating to the wording in an amendment to the Social Welfare Bill, 1982, 26/03/1982; circular from Women's Campaign for a Unified Social Welfare Code, in relation to Conroy case, 10/05/1982, and press statement following Minister for Social Welfare conceding validity of Conroy's claim, 18/05/1982; correspondence between Bob Clarke, Law Faculty, University College Dublin, and MR in relation to him seeking newspaper reports of the case, 10-27/02/1984; newspaper cuttings 23/03/-19/05/1982; handwritten notes and photocopy of chapter from "The Irish Jurist, 1978", "Social Welfare Insurance Appeals in the Republic of Ireland", RW Clarke.

UGA P/P143/1/2/25 · Sub-sub-series · 22/01/1981-19/12/1989
Part of Personal

Material relating to Eamon N Kelly [Nicky Kelly] v Ireland case, arranged across two files. Eamon Kelly (more commonly known as Nicky Kelly) was alleged to have taken part in the 1976 Sallins Train Robbery, was tortured in custody and after evidence cast doubt on his conviction was eventually given a Presidential pardon.

[Archivist's Note: Mary Robinson worked as Senior Counsel with Kevin Boyle as Junior Counsel. Material here is incomplete - it does not include response from commission which can be viewed in following file in Boyle's archive: A44/8/1.]