Simpson v Governor of Mountjoy Prison & Ors [2019] IESC 81 (14 November 2019)

Simpson v Governor of Mountjoy Prison & Ors [2019] IESC 81 (14 November 2019)

The constitutional right of the person under Article 40.3.2° was breached by the prison conditions, but the scope and content of this right must be determined by the Irish Constitution and its jurisprudence, not by direct importation of ECHR standards or jurisprudence.

Citation
[2019] IESC 81
Parties
Plaintiff/appellant: Gary Simpson; Defendant/respondent: Governor of Mountjoy Prison; Defendant/respondent: Irish Prison Service; Defendant/respondent: Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
14 November 2019
Procedural Posture
Constitutional Tort / Prison Conditions / Damages Claim / Supreme Court Appeal
Outcome
Constitutional rights of the appellant were breached; appeal allowed in part; reasoning clarified regarding the source and scope of rights.
Legal Topics
Unenumerated Rights, Bodily Integrity, Prison Conditions, Damages for Constitutional Breach, Article 40.3.2° of the Constitution, Article 3 ECHR
Constitutional Law Human Rights Law Prison Law Unenumerated Rights Bodily Integrity Prison Conditions Damages for Constitutional Breach Article 40.3.2° of the Constitution +1 more

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Parties

Gary Simpson

Plaintiff/appellant

Governor of Mountjoy Prison

Defendant/respondent

Irish Prison Service

Defendant/respondent

Minister for Justice and Equality

Defendant/respondent

Ireland

Defendant/respondent

Attorney General

Defendant/respondent

Procedural Posture

Constitutional Tort / Prison Conditions / Damages Claim / Supreme Court Appeal

Legal Issues

  1. 1 Whether Irish constitutional rights prohibit inhuman or degrading treatment in prison conditions
  2. 2 Whether ECHR jurisprudence can be directly imported into Irish constitutional law via unenumerated rights
  3. 3 Whether damages are available for breach of constitutional rights in this context

Ratio Decidendi

The constitutional right of the person under Article 40.3.2° was breached by the prison conditions, but the scope and content of this right must be determined by the Irish Constitution and its jurisprudence, not by direct importation of ECHR standards or jurisprudence.

Court Disposition

Constitutional rights of the appellant were breached; appeal allowed in part; reasoning clarified regarding the source and scope of rights.