Tipperary County Council v Reilly & Ors; Tipperary County Council v Reilly & Ors (Approved) [2023] IEHC 600 (03 November 2023)

Tipperary County Council v Reilly & Ors; Tipperary County Council v Reilly & Ors (Approved) [2023] IEHC 600 (03 November 2023)

Leave to execute the 2013 Order is refused as the Authority failed to demonstrate discharge of statutory duties to provide culturally appropriate accommodation, and enforcement at this remove would risk disproportionate interference with the fundamental rights of the Traveller families, given changed circumstances, length of occupation, and lack of suitable offers. However, enforcement of elements relating to removal of animals and animal structures is permitted, as animal husbandry, while culturally significant, does not attract the same constitutional protection as the home, and the site is unsuitable for large numbers of animals.

Citation
[2023] IEHC 600
Parties
Plaintiff/respondent: Tipperary County Council; Defendant/appellant: Michael Reilly; Defendant/appellant: Statia Reilly; Defendant/appellant: John Reilly; Defendant/appellant: Helen Reilly; Defendant/appellant: Christina Reilly; Defendant/appellant: Thomas Reilly; Defendant/appellant: Bernadette Reilly; Defendant/appellant: Christine Reilly; Defendant/appellant: Nora Reilly; Defendant/appellant: Angela Reilly; Defendant/appellant: Patrick Reilly; Defendant/appellant: Patrick Hitchinson; Defendant/appellant: Ellen Hitchinson; Defendant/appellant: Ned Reilly; Defendant/appellant: Bridget Reilly; Defendant/appellant: James Reilly; Defendant/appellant: Theresa Reilly; Notice Party: Raymond Beer; Notice Party: Bridget Beer; Notice Party: Thomas Reilly; Notice Party: Josephine Reilly
Jurisdiction
Ireland
Judgment Date
03 November 2023
Procedural Posture
Appeal / Judgment on Appeal Against Circuit Court Order Granting Leave to Execute Prior Injunction
Outcome
Leave to execute the 2013 Order for eviction and removal of homes is refused; leave to execute elements relating to removal of animals and animal structures is granted.
Legal Topics
Traveller Accommodation, Injunction Enforcement, Proportionality, Statutory Duties, Animal Welfare, Constitutional Rights, Discrimination, Public Sector Duty
Housing Law Public Law Human Rights Law Equality Law Traveller Accommodation Injunction Enforcement Proportionality Statutory Duties +4 more

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Parties

Tipperary County Council

Plaintiff/respondent

Michael Reilly

Defendant/appellant

Statia Reilly

Defendant/appellant

John Reilly

Defendant/appellant

Helen Reilly

Defendant/appellant

Christina Reilly

Defendant/appellant

Thomas Reilly

Defendant/appellant

Bernadette Reilly

Defendant/appellant

Christine Reilly

Defendant/appellant

Nora Reilly

Defendant/appellant

Angela Reilly

Defendant/appellant

Patrick Reilly

Defendant/appellant

Patrick Hitchinson

Defendant/appellant

Ellen Hitchinson

Defendant/appellant

Ned Reilly

Defendant/appellant

Bridget Reilly

Defendant/appellant

James Reilly

Defendant/appellant

Theresa Reilly

Defendant/appellant

Raymond Beer

Notice Party

Bridget Beer

Notice Party

Thomas Reilly

Notice Party

Josephine Reilly

Notice Party

Procedural Posture

Appeal / Judgment on Appeal Against Circuit Court Order Granting Leave to Execute Prior Injunction

Legal Issues

  1. 1 Whether leave should be granted to execute a 2013 Circuit Court order for eviction and removal of animals/structures from Traveller group housing site after significant delay
  2. 2 Whether enforcement would disproportionately interfere with constitutional and statutory rights of the Traveller families
  3. 3 Whether the Authority discharged its statutory duties to provide culturally appropriate accommodation

Ratio Decidendi

Leave to execute the 2013 Order is refused as the Authority failed to demonstrate discharge of statutory duties to provide culturally appropriate accommodation, and enforcement at this remove would risk disproportionate interference with the fundamental rights of the Traveller families, given changed circumstances, length of occupation, and lack of suitable offers. However, enforcement of elements relating to removal of animals and animal structures is permitted, as animal husbandry, while culturally significant, does not attract the same constitutional protection as the home, and the site is unsuitable for large numbers of animals.

Court Disposition

Leave to execute the 2013 Order for eviction and removal of homes is refused; leave to execute elements relating to removal of animals and animal structures is granted.

Orders

  • Refusal of leave to execute 2013 Order for eviction/removal of homes
  • Grant of leave to execute 2013 Order for removal of animals and animal structures