Correspondence between Chief State Solicitor's Office and Mary Robinson in relation to payment of her fees, 01-02/02/1988.

Material relating to the case of Roy Johnston, amicably separated, his new partner of many years Janice Williams, and their daughter and the wish to establish whether Ireland was in breach of the European Convention on Human Rights in prohibiting divorce, 1980-1989 (and therefore the right to re-marry). Both the European Convention and the European Commission they submitted to initially found lack of divorce did not breach convention, but it was found that their rights were being violated, in particular the child's in relation to "illegitimacy" (she was illegitimate because they could not remarry), and as an illegitimate child was denied many rights including inheritance without will. European Court found no case for divorce or remarriage, but did find that child being denied legitimacy was against their rights. Status of Children Act 1987 removed this distinction of "illegitimacy".

[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.]

Material in this file consists of correspondence, legal submissions, and other material 1980-1982, including photocopy of report "Divorce - Public Opinion Omnibus Research," May 1980, prepared for Independent Newspapers Ltd by Lansdowne Market Research Ltd; ringbound document "Cases For Europe", Divorce Action Group, with cover letter for MR from Maire Bates, 12/11/1980 which includes nine letters, anonymised, given as case studies; copies and original correspondence between MR and Maura Bates, solicitor, 28/07/1981, 25/09/1981, 16/02/1982, 16/07/1982; draft typed appendices including power of attorney n.d.; photocopy of cover from H.C. Krüger (Secretary to the European Commission of Human rights) to Maire Bates, 10/11/1982; typed document "J. et al v Ireland, Application No. 9697/82 Observations of the Applicants Made in Reply to the Observations of the Irish Government on the Admissibility And Merits of the Above Application"; draft scheme for oral presentation.

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

Material in this file consists of correspondence, legal documentation, handwritten case notes, background material and press cuttings, 1983, including handwritten case notes of both MR and William Duncan (B.L.); typed memorandum on Divorce from Peter Sutherland [03/1983?]; photocopy of typed document "J. et al v Ireland, Application No. 9697/82 Observations of the Government of Ireland" 198[?]; photocopy of cover letter from M O'Boyle, For the secretary to the European Commission of Human Rights, to Máire Bates with attached teletext listing who would be representing the Irish government at the Oral hearing in October of that year (Peter Sutherland, SC, Attorney General of Ireland, Dermot Gleeson, SC, James of Reilly, Counsel), 16/02/1983; handwritten letter from Denise Vella to Mary Robinson (MR) asking for information on the case and comparing it to similar movement for divorce in Malta, with copy of typed response 17/03-05/04/1983; photocopies of correspondence between H.C. Krüger (Secretary to the European Commission of Human Rights) Maire Bates, solicitor, 07/04-14/10/1983; letter to Máire Bates relating to Legal Aid for Johnstons, 04/10/1983; dinner receipt for MR, Hotel Terminus-Gruber, Strasbourg, 06-08/10/1983; photocopy of typed article by William Duncan, SC and Senior Lecturer in Law, Trinity College Dublin, "The Divorce Ban and the European Convention for the Protection of Human Rights and Fundamental Freedoms", n.d.; draft typed document with notation "European Commission of Human Rights Oral Hearing On Admissibility And Merits of Application No. 9697/82-Johnston v Ireland Responses To Government Submissions", [10?]/1983; photocopy of typed document on stamp duty under the Family Home Protection Act, n.d.; photocopy of typed letter from J.P. McNabola, Joy, Mackay and Company Chartered Accountants, to J. O'Connor, O'Connor, Kavanagh Limited, relating to marriage breakdown in Ireland and the tax implications, 03/10/1983; seating plan of European Commission of Human Rights, listing members, possibly for the oral hearing, October 1983; communiqué issued by the Secretary to the European Commission of Human Rights stating that following the hearing on 7/10/1983, the application was deemed admissible, 12/10/1983, with cover letter from M O'Boyle to M Bates 21/10/1983; handwritten letter from Máire Bates to MR relating to travel expenses, 27/11/1983; MR's signed copy of typed transcript of hearing, 07/10/1983*; press cuttings 11/09-10/10/1983.

[Archivist's note 1:- The correct spelling of Ms Bates' first name is Máire, although she is also listed as Marie and Maura in some of the correspondence]

*Some pages removed and placed in restricted file as contains information on the applicant's children.

[Archivist's note 2: This case is both contemporary and sensitive in nature and some material in this file is therefore partially restricted. Please consult archivist to enquire about access to restricted material.]

Material in this file consists of correspondence, legal submissions, reports and cuttings, 1984-1985, including photocopies of correspondence between H.C. Krüger (HCK), Secretary to the European Commission of Human Rights, (or M O'Boyle on behalf of HCK) and Máire Bates, solicitor, 16/03/1984-27/07/1984; correspondence and copies between Máire Bates and Mary Robinson (MR), 05/04/1984; drafts and copies of correspondence between MR and Mona O'Leary, solicitor [who has taken over from Máire Bates?], between MO'L and HCK and later between MO'L and European Court of Human Rights (ECHR) 06/09/1984-02/12/1985; handwritten case notes; photocopy of request of the European Commission of Human Rights to bring Johnston case before ECHR, 21/05/1985; photocopy of claim for fees/expenses under a grant of legal aid, ECHR, 1985; correspondence between T Alexander Aleinikoff, Associate Professor of Law, University of Michigan Law School, and MR, 19/09-03/10/1985; photocopy of claim for Just Satisfaction Under Article 50; copy of typed Memorial of Applicants Johnston and Others v Ireland, 11/1985; photocopy of typed document "Memorial of the Government of Ireland" in Johnston et al v Ireland case, 26/11/1985; cuttings 13/05-08/07/1985.

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

Material in this file consists of correspondence, legal submissions, handwritten case notes, reports and cuttings, 1986-1989, including correspondence, and copies between Máire O'Leary, solicitor, Mary Robinson (MR), SC [Senior Counsel] and the European Court of Human Rights (ECHR) 10/02/1986-11/05/1987 and includes copy of the Domicile and Recognition of Foreign Divorces Bill 1985, as well as a letter from Roy Johnston (16/08/1986) listing out issues with his pension should he die, and mentioning difficulty getting a job allegedly because of the case; draft oral presentation with notation; draft with notation and copies of oral submission by MR on behalf of applicants, at ECHR oral hearing 23,24/06/1986; photocopy of "Test of the Part "As To the Law" Of the Johnston Judgement" 1986; photocopy of extract of Johnston and others judgement, 18/12/1986 and second copy with cover letter from Ann Lane dated 16/10/1989; draft typed claim by applicants for just satisfaction under article 50; typed transcript of oral presentation "Whether Irish law respects the Applicants' family life within the meaning of Article 8", n.d. but perhaps part of 1986 oral hearing?; typed letter from Inge Clissman to MR relating to a statement made by the Director of Public Prosecutions years earlier which she may have referenced in Johnston case, 15/12/1989, with photocopy of Irish times interview with the DPP from 1979; cuttings 14/05/1986-09/07/1989.

*includes details on name, age and address of Roy P.W. Johnston, Janice Williams-Johnston and daughter Nessa Doireen Williams-Johnston (2 yrs old).

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

Folder labelled: "Common Fisheries Policy" consisting of material relating to rights to fish, registration of fishing boats and exporting of fish caught, 1980-81, and includes handwritten case notes; correspondence and copies between Mary Robinson (MR) and Brian Gallagher, solicitor at Richard F. Gallagher, Shatter and Co. 01/04/1980-16/10/1981 commencing with a request for legal opinion to aid him advise his client, a national of a non-European Economic Community country who wished to set up jointly with an Irish company which would fish within Irish territorial waters and land fish in Ireland and export them to the client's country; typed copies of MR's legal opinion "Impact of Common Fisheries Policy on Right to Fish in Irish Territorial Waters", April 1980; copy of typed extract on origins of the Common Fisheries Policy, n.d.; photocopy of speech by the Minister for Fisheries and Forestry, Mr Paddy Power, T.D. at the official opening of the Eiranova Limited factory, Castletownbere, County Cork, 30/04/1981; typed copies of MR's legal opinion (supplementary) "Re: registration and Licensing to fish in Irish Territorial Waters", 04/1981.

David Norris, scholar, Senator and civil rights activist, took a case to the High Court in 1977 seeking a declaration that the laws of 1861 and 1885 which criminalised homosexual conduct were not in force since the enactment of the Constitution of Ireland (Article 50 of the Constitution provides that laws enacted before the Constitution that are inconsistent with it would no longer be in force). The Irish courts ruled that Norris's right to privacy was not violated by the Offences against the Person Act 1861 (criminalising "buggery") and the Criminal Law Amendment Act 1885 (criminalising "gross indecency").

Norris appealed the Irish court's decision to the European Court of Human Rights in 1983. The Court passed judgment in 1988, deciding in Norris's favour on grounds similar to those of its 1981 decision in Dudgeon v United Kingdom. The laws impugned by the judgment were eventually repealed by the Criminal Law (Sexual Offences) Act, 1993.

Material relating to this case, for which Mary Robinson (MR) acted as Junior and subsequently Senior Counsel, is arranged across 27 files. An additional subsubsubseries relates to a separate case for which MR was involved: David Norris v Seán Doherty (Ceann Comhairle [speaker of the lower house of Irish parliament]) and 11 other (members of the Committee on Procedure and Privileges) and Seanad Éireann.

Correspondence 1976-1979 predominantly relating to Norris' initial action in High Court. File includes cover letter from Kevin Tuohy to David Norris (DN) for report on research essay Tuohy carried out on the Irish Gay Rights Movement (IGRM), for which DN was chair, as part of his B.A. examination in Maynooth College, 02/01/1976 [report closed]; photocopy of advertisement placed in Miami Herald 04/06/1977 by Dade County Coalition for Human Rights (United States of America) in relation to referendum on repeal of human rights, 04/06/1977; photocopy of introductory statement from Campaign for Homosexual Law Reform (CHLR), [DN, Chairman of Steering Committee], August 1977 with handwritten cover letter from DN to Mary Robinson (MR) asking to meet for chat, 05/08/1977; photocopy of typed letter from Herman Good & Co solicitors (on behalf of John Jay (JJ), solicitor with them) to DN referring to legal opinion sent from Donal Barrington (not enclosed), and referring to confusion relating to IGRM committee, 23/09/1977; correspondence between JJ and MR, 10/05/1978-12/12/1979, including in relation to Statement of Claim; correspondence from DN as Chairman of CHLR to MR, 30/07/1978; photocopies of correspondence between JJ and Chief State Solicitor 07-22/09/1978.

Folder labelled "Opinion of Donal Barrington re Constitutionality of Laws touching Homosexuality 12/09/1977" consisting of a photocopy of Barrington's 28 page typed legal opinion, and cover letter to Herman Good & Co solicitors suggesting they share with limited number of "well-disposed people" for criticism as more expert help from variety of sources required.