File 24 - Roisin Conroy v Minister for Social Welfare

109pp

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.

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02/02/2023
05/11/2024