Application No. 10978/84
MARY CATHERINE STOUTT
against
IRELAND
(adopted on 17 December 1987)
TABLE OF CONTENTS
Page
INTRODUCTION 2 - 3
Part I: STATEMENT OF THE FACTS 4
Part II: SOLUTION REACHED 5 - 6
INTRODUCTION
1. This Report relates to Application No. 10978/84 introduced by
Mary Catherine Stoutt against Ireland on 30 May 1984 under Article 25
of the Convention for the Protection of Human Rights and Fundamental
Freedoms. The application was registered on 4 June 1984.
2. The applicant was represented before the Commission by
Senator M. Robinson, S.C., Mr. E. Stewart S.C., and Mr. K. O'Brien of
Bowler Geraghty and Company, solicitors, Dublin.
3. The Government were represented before the Commission by
successive agents, initially Mrs. J. Liddy, then Department of Foreign
Affairs, Dublin, and subsequently, Mr. P. Smyth, also of the
Department of Foreign Affairs, Dublin.
4. On 14 October 1986 the European Commission of Human Rights
declared admissible the applicant's complaints under Article 14 in
conjunction with Article 8 of the Convention concerning the absence of
inheritance rights on intestacy over the estates of her father and her
parents' near relatives. The remainder of her application was
declared inadmissible*.
5. The Commission then proceeded to carry out its task under
Article 28 of the Convention, which provides as follows:
"In the event of the Commission accepting a petition referred
to it:
(a) it shall, with a view to ascertaining the facts, undertake
together with the representatives of the parties an
examination of the petition and, if need be, an investigation,
for the effective conduct of which the States concerned shall
furnish all necessary facilities, after an exchange of views
with the Commission;
(b) it shall place itself at the disposal of the parties
concerned with a view to securing a friendly settlement of the
matter on the basis of respect for Human Rights as defined in
this Convention."
6. The Commission found that the parties had reached a friendly
settlement of the case and on 17 December 1987 it adopted this Report,
which, in accordance with Article 30 of the Convention, is confined to
a brief statement of the facts and of the solution reached.
___________________
* This decision is public and can be obtained from the Commission
on request.
7. The following members of the Commission were present when the
Report was adopted:
MM. C. A. NØRGAARD, President
J. A. FROWEIN
G. SPERDUTI
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
J. CAMPINOS
Sir Basil HALL
Mr. F. MARTINEZ
Mr. C. L. ROZAKIS
PART I
STATEMENT OF THE FACTS
8. The applicant was born out of wedlock in 1937. Her natural
father lived with the applicant's mother from 1936 until his death in
1975. The applicant married in 1958 and resides, at present, in
England.
9. When her natural father died in 1975 he left an estate valued
at approximately £1,600. One of his surviving sisters applied to the
probate office as next of kin for letters of administration to his
estate. On 7 October 1975 the applicant entered a caveat to that
application. Proceedings were then issued by her natural father's
sister, seeking an order setting aside the caveat and granting her
liberty to proceed with the application for a grant of administration.
The applicant in her defence contended inter alia that she was
entitled to claim a share of the estate. In decisions of the High
Court of 5 April 1982 and the Supreme Court of 20 January 1984 it was
held that the applicant was not entitled to succeed on intestacy, not
being "issue" within the meaning of Section 67 of the Succession Act
1965. It was also held that Sections 67 and 69 of the 1965 Act did
not infringe the principle of equality before the law guaranteed under
Article 40 section 1 of the Irish Constitution. Sections 67 and 69 of
the 1965 Act regulate the distribution of an estate to members of the
family when a person dies intestate.
10. Before the Commission the applicant complained inter alia of
the absence of any right of succession on the intestacy of her natural
father. She further complained of the absence of any inheritance
rights on intestacy over the estates of relatives on either her
mother's or her father's side. She contended that she had been
excluded from any right to succeed, contrary to Article 14 of the
Convention, solely because of her status as a person born out of
wedlock.
11. On 16 May 1985 the Commission decided to bring the application
to the notice of the respondent Government and to invite them to
submit written observations on the admissibility and merits of the
applicant's complaints. The observations of the Government were
received on 26 September 1985 and the applicant's observations in
reply were received on 13 November 1985.
12. On 5 March 1986 the Commission decided to hold a hearing on
the applicant's complaints under Article 14 in conjunction with
Article 8 concerning the absence of any inheritance rights on
intestacy. This hearing was held in Strasbourg on 14 October 1986,
the applicant being represented by Mr. K. E. O'Brien, Solicitor,
Bowler, Geraghty & Co., Senator M. Robinson, S.C. and
Mr. E. Stewart, S.C. The Government were represented by Ms. J. Liddy,
Agent, Mr. D. Gleeson, S.C., Mr. J. O'Reilly, Counsel and Mr. M. Russell,
Office of the Attorney General.
13. On 17 July 1987 the applicant was granted legal aid by the
Commission in respect of her legal representation.
PART II
SOLUTION REACHED
14. Following its decision on the admissibility of the application,
the Commission placed itself at the disposal of the parties with a
view to securing a friendly settlement, in accordance with Article
28(b) of the Convention, and invited the parties to submit any
proposals they wished to make.
15. In accordance with the usual practice the Secretary of the
Commission contacted the parties and was informed that discussions
were taking place between them concerning the question of legal
costs and compensation. The Secretary was also informed that the
Status of Children Bill 1986, which abolishes the distinctions under
Irish law between children born out of wedlock and children born
within wedlock, was pending before the Irish Parliament.
16. In a letter dated 24 July 1987 the respondent Government
indicated that the discussions which had taken place between the
parties concerning a possible settlement had proved unsuccessful.
The Commission was invited to exercise its good offices in order to
assist the parties to reach a setlement.
17. A meeting was subsequently held in Dublin on 20 November 1987
between the representatives of the parties and the Secretary to the
Commission accompanied by a member of the Secretariat.
18. At the meeting the parties reached an agreement which they
confirmed in writing to the Commission. On 8 December 1987 the
Government's Agent, Mr. P. Smyth, addressed the following
telex to the Commission:
"I have the honour to refer to the consultations which took
place in Dublin, on 20 November 1987, concerning a friendly
settlement in the Stoutt case and I am able to state that the
Government of Ireland are prepared to make an ex gratia
payment of 10,000 IR pounds to Mrs. Mary Catherine Stoutt
with a view to achieving a friendly settlement of the above
application.
The Government of Ireland would recall that in the Status of
Children Bill 1986, they have initiated legislation the
purpose of which is to equalise the rights under the law of
all children, whether born within or outside marriage. This
legislation was passed by Seanad Éireann (Upper House of
Parliament) on 21 January 1987. Subsequently the Bill was
passed, with some amendments, by Dáil Éireann (Lower House
of Parliament) on 18 November 1987. The Bill, which is
considered by virtue of Article 20.2.2 of the Constitution
of Ireland as a Bill initiated in Dáil Éireann has been sent
to Seanad Eireann for that House to consider the Provisions
of the Bill further in the light of the Dáil Éireann
amendments."
19. On 15 December 1987 Mr. K. E. O'Brien, on behalf of the
applicant, sent the following telex to the Commission:
"We confirm that Mrs. Stoutt is prepared to accept the
offer of 10,000 IR pounds as a settlement of her case."
20. At its session on 17 December 1987, the Commission found from
the above letters that the parties had reached agreement on the terms
of a settlement. The Commission further found, having regard to the
Status of Children Bill 1986 and Article 28 (b) of the Convention
that a friendly settlement of the application had been secured on the
basis of respect for human rights as defined in the Convention.
For these reasons, the Commission adopted the present report.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C. A. NØRGAARD)