A DUBLIN family has brought a High Court action seeking declarations and damages from Dublin City Council for alleged breach of their rights under the European Convention of Human Rights after their eviction was ordered for alleged anti-social behaviour.
Carol and Laurence Pullen, who deny anti-social behaviour, claim that the coming into force here of the European Convention on Human Rights Act, and a recent decision of the European Court of Human Rights, means the council was not entitled to evict them without giving them an opportunity to have the decision to terminate their tenancy examined on its merits by an independent tribunal.
They also claim that provisions of the housing Acts, which allow eviction without an opportunity for independent examination of the reasons for that, are in breach of article 8 of the European Convention on Human Rights.
The action against the council by the Pullens, Clancarthy Road, Donnycarney, Dublin, who have two children, opened yesterday before Ms Justice Mary Irvine and is expected to last several days. The Irish Commission for Human Rights, represented by Gerard Hogan SC, is an amicus curiae (assistant to the court on legal issues) in the case while the Attorney General, represented by Conleth Bradley SC, is a notice party.
The Pullens, who are in emergency bed and breakfast accommodation provided by the HSE, are seeking orders restraining the council from terminating their tenancy following the making by the District Court of an order in November 2006 for possession of the house. The Pullens have appealed against that order.