This file consists of Case documents relating to the application to the European Commission of Human Rights including copy of typed Petition of "Eamon Nick Kelly to the European Commission of Human Rights, filed on his behalf by Professor K. Boyle, Barrister at Law and Mary Robinson, Senior Counsel", 07/06/1983; cover letter from Kevin Boyle (KB) to C Kruger, Secretary of European Commission of Human Rights, and attached document "History of the facts of the E.N. Kelly Case", 06/07/1983; photocopies of confidential memo on application by Kelly to the Commission, sent by Senator Mary Robinson, Senior Counsel, to An Tánaiste [Deputy Prime Minister], Dick Spring, 22/11/1983; photocopy of typed Observations of the Government of Ireland, Application No. 10416/83, Eamon N. Kelly v Ireland, 1983; Affidavit of Kelly, and draft with notation (MR's), 1983; Applicant's Replies to the Government's Observations, 02/1984, with cover slip from KB to MR; confidential memorandum on case, by MR and KB, 29/05/1984.
This file consists of correspondence, flyers, and newspaper cuttings. Material includes correspondence between Mary Robinson (MR) and Nicky Kelly, from Portlaoise prison, 22-30/01/1981, 16/10/1981; written questions and letter from Tony Gregory, Independent T.D. to Michael Noonan, Minister for Justice May 1983; correspondence between MR and Noonan 26-30/5/1983 which includes two press statements in relation to case; photocopies of circulars from Irish Council for Civil Liberties relating to Kelly case, sent to MR by Michael Kelly, Chairman , 14/04-30/05/1983; press release re case from The Irish Commission for Justice and Peace, 01/06/1983; cover letter from Clayton Yeo, Research Department, Amnesty International to Kevin Boyle (KB) attached to copies of material which Amnesty had sent to Michael O'Boyle, European Commission of Human Rights, 08/06/1983; copy of Amnesty International report sent by KB to Mr Kruger, Secretary of European Commission on Human Rights, 23/06/1983; photocopy of letter from KB to Kelly in Portlaoise Prison, updating him on progress, advising him to keep his spirits up, 04/01/1984; correspondence between MR and Brian Gallagher, Richard E Gallagher, Shatter & Company Solicitors including in relation to fees, 10/06/1983-26/07/84; circular from The Nicky Kelly Trust seeking patronage, n.d.; Release Nicky Kelly Committee postcard with handwritten note to MR from Caoilte Breathnach, Public Relations Officer thanking her for speaking out on the case but noting disappointment that she did not comment on his guilt or innocence, 06/04/1984; material relating to Release Nicky Kelly Committee including circulars, press statements, flyers and poster "Dennings Judgement Denies Justice" and press pack "Ireland's Guilford Four / Birmingham Six Victim of an Irish miscarriage of justice" 04/1984-19/12/1989; newspaper cuttings 05/06/1983-02/10/1986.
Material relates to case where Rita Keshaw, a deserted wife with child from previous relationship (father not in picture), recently made redundant had sought supplementary welfare allowance under the National Fuel Scheme operated by Eastern Health Board (EHB) (Jan 1984) which was refused with no explanation. Appeal also refused April 1984 with no investigation carried out in either case, and Kershaw given no opportunity to make representations. Judgement on 12/11/1984 awarded costs and was deemed a success but it is unclear from incomplete files whether EHB ever reversed their decision. Mary Robinson acted as Senior Counsel on behalf of Kershaw (STATE).
Material in this subsubseries is arranged across two files.
Material in this file consists of correspondence, case documents, handwritten notes and cuttings and includes correspondence between Mary Robinson, Senior Counsel, and James Fagan and Company, solicitors including cover letters and relating to fees and the delay in receiving them from the Eastern Health Board (EHB) for this and several other cases (Christine Boland v EHB, Jacinta and Michael Healy v EHB), 16/07/1984-14/02/1991; photocopies of correspondence between Kershaw and the EHB relating to her application for fuel allowance 19/04/1984; handwritten notes; photocopy of chapter extract/article "The Significance of Department of the Environment Circulars in the Planning Process", by SM Nott and PH Morgan, [1980s]; cutting 23/11/1984.
Drafts and photocopies of legal case documents including Affidavits (RESTRICTED)
[Archivist's note: This case is both contemporary and sensitive in nature and material in this file is therefore restricted. Please consult archivist to enquire about access to restricted material.]
Case represented in material here relates to a Deportation order for Leopold and Maria Schollen to Belgium. Both arrived in Ireland ca. July 1983 and set up business as fine art dealers, auctioneers, and as cabinet maker (Leopold). Both had worked in Belgium prior as fine art dealers and were convicted of offences in relation to sale of forged paintings. Applied to Gardaí [Irish police force] for registration permits ca. Sep 1983 and were asked for passports which were in turn confiscated by Belgian authorities. Minister refused application for residence with no grounds given, and this was appealed. Assumption of Jerry Healy, Junior Counsel, is that in absence of extradition treaty between two countries, only way for Belgian police to get hands on Leopold and Maria Schollen was if they were deported, and Belgian police therefore influenced decision.
Extradition requested in November 1983 and refused January 1984, expulsion requested March 1984, Decision to Deport 16/04/1984, Injunction on Deportation May 1984 Judge Keane, High Court Hearing 25/06/1984, Application for Discovery March 1985, Order 12/03/1985, Mr. Justice Lardner, Application for Further and Better Discovery March 198[6?], Order 30/07/1986 Justice Gannon. As of 1990 seems to have remained up-in-the-air with neither party pushing it.
Mary Robinson worked as Senior Counsel on this case which is arranged across two files.
This file consists of correspondence between Mary Robinson and Gerald Moloney, solicitor, including in relation to fees and to Application for Discovery and Application for Further and Better Discovery due to Minister for Justice claim to privilege.
This file consists of case documents and photocopies of same (RESTRICTED)
[Archivist's note: This case is both contemporary and sensitive in nature and material in this file is therefore restricted. Please consult archivist to enquire about access to restricted material.]
Material relating to legal query from Sally Shiels on behalf of Dublin City South Branch of INTO [Irish National Teachers' Organisation]. Mary Robinson (MR) asked to advise on the compatibility with the rules and constitution of the INTO of a proposed motion for congress which sought to establish a fund intended to benefit certain teachers who retired in 1980. The Annual Congress in front of which the motion was intended to be presented was to take place in April 1985, and advice was sought prior to this. MR's opinion was that there was nothing in the motion that would be out of order and could be presented to Congress, and it was then up to Congress to vote as they saw fit.
File consists of correspondence including between MR and Colm MacGeehin, solicitor for Sally Shiels, 19-28/03/1985) and photocopy of letter from Carol Fawsitt of Binchy, Fagan, Fawsitt solicitors to Gerry Quigley, General Secretary, INTO, relating to proposed Motion on Retirals Fund (08/02/1985); background material including photocopy of proposed motion, photocopy of other motions proposed and seconded at previous congresses, extract relating to INTO's Services and Benefits, Retired Teachers Association newsletter, October/November 1984, extract of INTO 116th Annual congress, 23-27/04/1984 report, Agenda of INTO AGM 28/01/1985 with list of motions for congress; case notes and a signed legal opinion from Mary, 19/03/1985.
In December 1982, it emerged that the telephones of Geraldine Kennedy, journalist, and Bruce Arnold, journalist and political correspondent were being tapped with officially signed warrants signed by then Minister for Justice, Seán Doherty ostensibly to establish the source of cabinet leaks though largely to gain advance knowledge of possible challenges to then Taoiseach [Prime Minister] Charles Haughey's leadership of Fianna Fáil. This was revealed following a change of government as a result of the November general election. Kennedy and Arnold, along with his wife Mavis, sued the State for breach of privacy and were each awarded £20,000 with Mavis, whose private chats with friends was also recorded, receiving £10,000. A decade later, in 1992, the revelation that Haughey knew about the tapping and had seen transcripts led to his eventual resignation as then Taoiseach and from the party.
This legal action succeeded in breaking important new ground on the constitutional right to privacy and curbing a politically motivated abuse of State power.
Mary Robinson worked as one of two Senior Counsel, and material is arranged across four files.
[Archivist's note: This case is both contemporary and sensitive in nature and material in some files is therefore closed.]