Dublin City Council -v- Fennell [2005] IESC 33 (12 May 2005)

Dublin City Council -v- Fennell [2005] IESC 33 (12 May 2005)

The European Convention on Human Rights Act, 2003 does not apply retrospectively to proceedings issued or events occurring before its commencement. The Act is prospective in effect and does not alter the legal rights or obligations of parties in proceedings pending at the time of its coming into force. The Circuit Court, on appeal, must apply the law as it stood at the time the proceedings were initiated, not as amended by the 2003 Act.

Citation
[2005] IESC 33
Parties
Plaintiff/respondent: Dublin City Council; Defendant/appellant: Jeanette Fennell; Intervening Party: The Attorney General; Amicus Curiae: The Human Rights Commission
Jurisdiction
Ireland
Judgment Date
12 May 2005
Procedural Posture
Case Stated (consultative) From Circuit Court / Supreme Court Determination of Legal Questions
Outcome
Questions 1, 2, and 3 answered in the negative; the 2003 Act does not apply to proceedings issued prior to its commencement.
Legal Topics
Retrospectivity of Statutes, Application of European Convention on Human Rights Act 2003, Eviction Proceedings, Interpretation of S.62 Housing Act 1966
Constitutional Law Human Rights Law Housing Law Statutory Interpretation Retrospectivity of Statutes Application of European Convention on Human Rights Act 2003 Eviction Proceedings Interpretation of S.62 Housing Act 1966

Case Brief

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Parties

Dublin City Council

Plaintiff/respondent

Jeanette Fennell

Defendant/appellant

The Attorney General

Intervening Party

The Human Rights Commission

Amicus Curiae

Procedural Posture

Case Stated (consultative) From Circuit Court / Supreme Court Determination of Legal Questions

Legal Issues

  1. 1 Does the European Convention on Human Rights Act, 2003 apply to proceedings issued under s.62 of the Housing Act, 1966 prior to 31 December 2003?
  2. 2 Does the 2003 Act apply to pending proceedings seeking possession of premises where the tenancy was terminated before 31 December 2003?
  3. 3 Is there an obligation on the court to interpret s.62 of the Housing Act, 1966 in a Convention-compatible manner on appeal from proceedings issued before the 2003 Act commenced?

Ratio Decidendi

The European Convention on Human Rights Act, 2003 does not apply retrospectively to proceedings issued or events occurring before its commencement. The Act is prospective in effect and does not alter the legal rights or obligations of parties in proceedings pending at the time of its coming into force. The Circuit Court, on appeal, must apply the law as it stood at the time the proceedings were initiated, not as amended by the 2003 Act.

Court Disposition

Questions 1, 2, and 3 answered in the negative; the 2003 Act does not apply to proceedings issued prior to its commencement.

Orders

  • The European Convention on Human Rights Act, 2003 does not apply to proceedings issued by the respondent pursuant to s.62 of the Housing Act, 1966, prior to 31 December 2003.
  • The 2003 Act does not apply to the pending proceedings seeking possession of the premises where the tenancy was terminated before 31 December 2003.