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This case relates to Mrs Theresa Emmott endeavouring to retrospectively recover benefits which had not been paid to her since a European Community Directive came into effect on 23 December 1984, the Irish government's attempts to plead that the her delay in initiating proceedings constituted a bar to her claim and the European Court of Justice judgement that domestic limitation periods could not begin until a Directive had been properly transposed.

Mrs Emmott is married and has two dependent children. As from 2 December 1983 she received a disability benefit under the Irish social security legislation. Until 18 May 1986 she received that benefit only at the reduced rate applicable, at that time, to all married women. Following amendments to the Irish legislation, her benefit was adjusted three times. From 19 May 1986 she received a benefit at the rate applicable to a man or woman but without any increases for dependent children. It was only from 17 November 1986 that those increases were granted to her. Finally, in June 1988 she was granted, with retroactive effect to 28 January 1988, an invalidity pension calculated at the personal rate normally applicable to a man or woman, together with an increase for dependent children.

Mary Robinson worked as Senior Counsel on this case until her inauguration as President of Ireland when Mary Finlay replaced her as counsel, and material is arranged across two files.

This file consists of correspondence 04/01/1990-02/03/1993 between Mary Robinson (MR), Senior Counsel, Gerard [Gerry] Durcan, Junior Counsel, and Aidan Reynolds, Gallagher Shatter solicitors and includes copy of letter from J A Pompe, Deputy Registrar, Court of Justice of the European Communities, 09/08/1990, letter from Ann Lane to Brian Gallagher, Gallagher Shatter solicitors referring to Mary Finlay S.C. replacing MR (13/12/1990), and correspondence relating to fees.

This file consists of case documents (legal), handwritten case notes and research notes including copy of Notice of Motion, High Court Judicial Review between Theresa Emmott Applicant AND the Minister for Social Welfare and the Attorney General Respondents, 21/07/1988; copy of Affidavit of Theresa Emmott, with attached Exhibits referenced in Affidavit, 28/07/1988; draft Affidavit of Sally Keogh, expert witness in relation to various provisions of Social Welfare Acts [1988?]; copy of Statement, 21/07/1988; Proposed Questions for reference to ECJ [European Court of Justice], with cover fax to David Byrne, S.C. for Respondents, 20/11/1989; copy of Submission of Applicant to High Court to make reference to Court of Justice, [1989/1990?]; transcript [of High Court order?, 1990]; copy of Submissions of Respondents [1989/1990?]; draft Submissions to President and Members of the Court of Justice of the European Communities, 20/09/1990; draft reference and reference to the Court of Justice 12/07/1990; draft legal submissions with notation [1990?].

Pine Valley bought land for development on reliance of outline planning permission but was then refused planning permission on grounds land was not suitable. Incurred massive losses and blamed Government for negligence (essentially land was misrepresented as being suitable for development when had been earmarked for agricultural use to retain green belt - planning permission had been granted to previous owner of land on appeal). Case went to High Court and Supreme Court before going to European Commission of Human Rights who then sent it to European Court of Human Rights. In November 1991 judgement dismissed Government's case.

[Archivist's Note: Mary Robinson (MR) was Senior Counsel from when it went to the Commission but passed to co-Senior Counsel when it was heard in European Court (May 1991), following her inauguration as President of Ireland. File is incomplete and does not extend beyond Sep 1990.]

Material in this file consists of correspondence between MR and Gerard H. Walsh, solicitor, case documents (legal) with notation, handwritten case notes and research material. It includes European Commission of Human Rights Decision on admissibility for application of Pine Valley Developments Ltd. and Others against Ireland, with cover letter from Michael [O'Boyle?], 08/11/1989; draft copies of Response of Applicants to the Additional Observations of the government of Ireland, with notation [1989/1990?]; Copy of Observations of the Government of Ireland on the Applicants' Response to the Additional Observations of the Government of Ireland, with cover letter from HC Kruger, Secretary to the European commission of Human Rights, 12/02/1990; European Commission of Human Rights report on Application, adopted 06/06/1990 with Request from CA Norgaard, President of the European Commission of Human Rights, to the European Court of Human Rights, 01/07/1990 and cover letter from Kruger, 10/07/1990; correspondence relating to Government's own application to European Court of Human Rights 13-18/09/1990; final letter on file from Walsh to MR reporting the tentative date for hearing as 23/05/1991 and hoping that she is no longer involved in the case by that time, referring to MR's Presidential election campaign 21/09/1990.

The Guildford Four and Maguire Seven were the collective names of two groups whose convictions in English courts in 1975 and 1976 for the Guildford pub bombings of 5 October 1974 were eventually quashed after long campaigns for justice. The Guildford Four were wrongly convicted of bombings carried out by the Provisional Irish Republican Army (IRA); the Maguire Seven were wrongly convicted of handling explosives found during the investigation into the bombings. Both groups' convictions were eventually declared "unsafe and unsatisfactory" and reversed in 1989 and 1991 respectively after they had served up to 15–16 years in prison.

The Birmingham Six were six Irishmen who were each sentenced to life imprisonment in 1975 following their false convictions for the 1974 Birmingham pub bombings. Their convictions were declared unsafe and unsatisfactory and quashed by the Court of Appeal on 14 March 1991. The six men were later awarded financial compensation ranging from £840,000 to £1.2 million.

Material is arranged across three files: P143/1/2/36/1 relates to the Annie Maguire case, P143/1/2/36/2 relates to the Birmingham 6 and the Guildford Four cases and P143/1/2/36/3 consists of related cuttings.

[Archivist's note 1: It is unclear how much involvement Mary Robinson had in these cases apart from giving legal opinion on Annie Maguire case, giving interviews on behalf of the Birmingham 6 and chairing public events. It is clear she followed the cases closely.

Note 2: Regina in Law means Queen and represents UK Crown or State in case].

Material relating to the Annie Maguire Case including correspondence, case documents (legal), research material and cuttings. It includes handwritten form relating to application to European Commission, notes on grounds for appeal and letter from Mr Logan, solicitor, George E Baker & Co solicitors to Naula Kelly, ICPO [Irish Commission for Prisoners Overseas] one on which she has noted that he should not be the one to take case to Strasbourg, 20/02/1986; letter from Miss G A Corner, Private Secretary, Home Office, London to Annie Maguire (AM) informing her that Home Secretary has found no grounds for appeal, 08/06/1986; correspondence between JS Phillips, for Secretary to the European Commission of Human Rights, to AM setting out requirements to satisfy admissibility of case, 27/08/1986; letter from AM to ICPO requesting they institute and assist in taking proceedings on her behalf under European Convention of Human Rights, [1986?]; letter from WR Frittall, Home Office to AM acknowledging receipt of copy of her application to the European Commission of Human Rights, 24/09/1986; correspondence from M. O'Boyle, for Secretary to the European Commission of Human Rights, to AM in relation to her application, 16/10/1986-08/01/1987; letter from Máire R Whelan, [Barrister] ICPO, to MR requesting her legal opinion, 15/04/1987; correspondence between Nuala Kelly, Co-ordinator, ICPO, and MR in relation to MR's legal opinion Annie Maguire's case would not succeed under the European Convention, 21/08-14/09/1987; photocopy of Decision of the European Commission of Human Rights as to the admissibility of case of Eamon Nicholas Kelly against Ireland, (17/05/1984) which was probably referenced when preparing legal opinion; photocopy of Regina v. Anne Rita Maguire draft Grounds of Appeal, RP Gray, 16/09/1976; photocopy of judgement in Regina v Anne Rita Maguire, Patrick Joseph Maguire, Patrick Joseph Conlon, William John Smyth, Vincent John Patrick Maguire, Patrick Joseph Paul Maguire and Patrick Joseph O'Neill, Royal Courts of Justice, 30/07/1977, Court of Appeal, Criminal Division, before Lord Justice Roskill, Lord Justice Waller and Mr Justice Ackner; photocopy of Sentences from Justice Donaldson; cuttings 17/10/1986-21/01/1987.

Material relating to the Birmingham Six and the Guildford Four Cases including correspondence, case documents (legal) and research material. It includes photocopies of transcript from Dáil Éireann, 30/10/1985, 05/11/1985, 06/02/1986, 12/03/1986, 04/06/1986, 24/06/1986, 09/07/1986; letters from The Birmingham Six Committee to Mary Robinson (MR) in relation to public meeting on 18th June, asking her to chair (07/07/1986), and thanking her and apologising for change of speakers (21/06/1986); press release from West Midlands Prevention of Terrorism Act Research and Welfare Association, about the setting up of an office in Birmingham to monitor the effects of the Prevention of Terrorism Act (PTA) on population and noting that between 1977 and 1984, 1/2 million people, mainly Irish, had been stopped, searched and checked under the act, [198?]; typed document "The Birmingham Six" and cover letter to MR from David Barry, Anglo-Irish Section, Department of Foreign Affairs 09-10/06/1986; letter from Joseph Colgan, solicitor, The Birmingham Six Committee to MR asking her to be chairperson for public meeting at Mansion House, 16/10/1986, (03/10/1986); letter from ER Smalley to MR in relation to British Home Secretary ordering an enquiry into the Guildford Four case, 10/10/1986; "Justice for the Birmingham Six" flyer for Birmingham Six public meeting, Mansion House, 16/10/1986 with notation and listing MR as chair; typed document "The Birmingham Six", Paul Gunning, Anglo-Irish Division, Department of Foreign Affairs, October 1986, with notation; typed document "Mrs Annie Maguire, Giuseppe Conlon et al", Anglo-Irish Division, Department of Foreign Affairs, October 1986, with notation; typed document "Guildford and Woolwich Bombings", Paul Gunning, Anglo-Irish Division, Department of Foreign Affairs, October 1986, with notation; correspondence between Ros Franey, Grant McKee and Mandy Hill, Yorkshire Television and MR in relation to interview she did in Leeds for programme "Beyond Reasonable Doubt" [which aired on Channel 4 on 16/11/1986] which includes copy of Mr Justice Donaldson's judgement in the original Guildford Trial, copy of the appeal court judgement delivered by Lord Roskill?, and airline and hotel receipts 21/10/1986-07/11/1986; letter from Nuala Kelly, ICPO inviting Senator MR to meeting of all those working on the cases of Maguire Seven, the Birmingham Six and the Guildford Four, 19/11/1986; letter from Maire Griffin, Secretary, Birmingham Six Committee to membership enclosing copy of letter received by Paddy Joe Hill, one of the Birmingham Six, 26/08/1987; circular (28/11/1987) to membership from Birmingham Six Committee re public meeting "the British System of Justice" taking place in Dublin on 01/12/1987; circular from Irish Prisoners Support Group, London to membership updating on unsuccessful verdict in Birmingham Six Appeal and asking for more lobbying, 30/01/1988; letter from Nuala Kelly, ICPO to MR in relation to case of Patick McLaughlin, arrested and charged under the PTA in 1985, with copy of letter from his mother, Mrs Rose McLaughlin (03/02/1988); letter from Nuala Kelly, ICPO, to MR welcoming recent motions tabled by the Labour party in the Dáil but requesting single motion from all parties, 09/05/1988; letter from Maire Griffin, The Birmingham Six Committee in relation to fund-raising events, 19/05/1988; press release re launch of book "Time Bomb" on the Guildford bombing case, in Dublin on 30th September 1986 which resulted from years of research initially begun for a Yorkshire Television Documentary, 26/09/1988; flyers relating to Guildford Four Appeal and Free The Guildford Four/Maguire Seven Relatives Campaign (Errol Smalley), [1988?]; letter from The Birmingham Six Committee (02/02/1989) requesting MR chair Public Meeting to be held on 17th February, and two circulars to membership asking if they wanted to subscribe to have their signature added to advertisements to be placed in national papers, 07/03/1989 and 18/06/1990; letter to MR from Patricia McKenna, for Justice for the Armagh Four - Campaign for a Retrial, in relation to case of the Armagh Four, also known as the UDR Four, 10/05/1990.

Newspaper cuttings relating to Birmingham Six, Guildford Four cases and British justice system 09/06/1986-21/04/1989.

Material in this file relates to two cases Mary Robinson (MR) was working on simultaneously as Senior Counsel, both of which were v Minister for Social Welfare, and both of which were affected by the judgement in another case: Mrs Cotter & Mrs McDermott v Minister for Social Welfare. It is unclear from the limited documents on file whether this case was settled or went to appeal following the ruling of the Court of Justice in the Cotter & McDermott case. MR is elected President of Ireland prior to date of last correspondence in this file.

It consists of correspondence between MR and Aidan Reynolds, Gallagher Shatter solicitors and The Chief State Solicitor 21/08/1989-28/12/1990 and copies of plenary summons for both Austin & others v Minister of Social Welfare and Harvey & others v Min of Social Welfare, 20/05/1985.

Material in this file relates to a class action v Minister for Social Welfare following the Supreme Court decision in another case (Hyland). It is unclear from the limited documents on file what the outcome of this case was, but Mary Robinson (MR), Senior Counsel, had returned case files in December 1990 so that another Senior Counsel could be instructed, following MR's election and inauguration as President of Ireland.

It consists of correspondence between MR and Aidan Reynolds, Gallagher Shatter solicitors 12/12/1989-31/12/1990 including in relation to fees.