The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgments of the European Court of Human
Rights in the "Airey" case, delivered on 9 October 1979 and
6 February 1981 and transmitted the same days to the Committee of
Ministers;
Recalling that the case had its origin in an application against
Ireland lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the convention by an Irish national,
Mrs Johanna Airey, alleging violation of Articles 6, paragraph 1, 8,
13 and 14 (art. 6-1, art. 8, art. 13, art. 14) of the convention;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 9 October 1979, the Court:
1. Rejects unanimously the plea based by the Government on the
application's manifest lack of foundation;
2. Rejects by six votes to one the first limb of the Government's
plea that domestic remedies have not been exhausted;
3. Joins to the merits, unanimously, the second limb of the
last-mentioned plea, but rejects it by six votes to one after an
examination on the merits;
4. Holds by five votes to two that there has been a breach of
Article 6, paragraph 1 (art. 6-1), of the convention, taken alone;
5. Holds by four votes to three that it is not necessary also to
examine the case under Article 14 in conjunction with Article 6,
paragraph 1 (art. 14+6-1);
6. Holds by four votes to three that there has been a breach of
Article 8 (art. 8);
7. Holds by four votes to three that it is not necessary also to
examine the case under Article 13 (art. 13);
8. Holds unanimously that the question of the application of
Article 50 (art. 50) is not ready for decision;
Whereas in its judgment of 6 February 1981, the Court unanimously:
- takes formal note of the agreement between the Government and the
applicant concerning the domestic costs;
- rejects the applicant's claims in respect of her alleged loss on
re-housing and the Strasbourg costs;
- holds that Ireland is to pay to the applicant, in respect of the
remainder of her claims, the sum of three thousand one hundred and
forty Irish pounds (£3 140);
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of Ireland to inform it of the measures
which had been taken in consequence of the judgments, having regard to
its obligations under Article 53 (art. 53) of the convention to abide
by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Ireland informed the Committee of
Ministers of the measures taken in the area with which the judgments
are concerned, which information is summarised in the appendix to this
resolution;
Having satisifed itself that the Government of Ireland has
awarded the just satisfaction provided for in the judgment of the
Court of 6 February 1981,
Declares, after having taken note of the information supplied by
the Government of Ireland, that it has exercised its function under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (81) 8
Information provided by the Government of Ireland
during the examination of the "Airey" case
before the Committee of Ministers
At the time of judgment of the European Court of Human Rights, of
9 October 1979, there already existed in Ireland a Criminal Legal Aid
Scheme and the Government had decided to introduce a Scheme of Civil
Legal Aid and Advice. In December 1979, the Minister of Justice laid
before each House of the Orieachtas (parliament) a Scheme of Civil
Legal Aid and Advice and appointed an independent board, the Legal Aid
Board, to administer it. The scheme covers family law cases,
including maintenance and separation cases, but is not confined to
family law matters alone. In accordance with normal practice it
provides for a merits test and a means test. The Legal Aid Board's
first Law Centres opened on 15 August 1980 and there are presently
seven Law Centres in operation with plans on hand for further
expansion. The operation of the scheme is kept under review and
already there have been introduced to the scheme Ministerial Policy
Directives and amendments which are designed to improve the scheme,
give access to a greater number of people to legal services and reduce
the maximum contributions payable.
The Irish Government is of the opinion that these measures fulfil the
obligation under the judgment relating to Articles 6, paragraph 1, and
8 (art. 6-1, art. 8) of the convention and considers it unnecessary to
take any other measures. Nevertheless, additional measures are being
taken in order to simplify court procedures. The Courts Bill, 1980,
which was presented to the Dail on 15 October 1980 by the Minister for
Justice includes provisions to increase the civil jurisdiction of the
District and Circuit Courts and to confer new jurisdiction on those
courts in family law matters. Among other proposals the bill provides
that the Circuit Court is to be given full jurisdiction in divorce a
mensa et thoro. The effect of the proposals in the bill generally
will be to provide cheaper, quicker and more convenient access to the
Courts.
As for the European Court's judgment of 6 February 1981 under
Article 50 (art. 50) of the European Convention, the Irish Government
paid the applicant the sum of three thousand one hundred and forty
Irish pounds (Ir £3 140) on 4 March 1981, as established by the
European Court.