A woman who uses a wheelchair was told by a judge yesterday that he was unable to stop Dublin Corporation from evicting her from her flat.
The Circuit Court President, Mr Justice Sheridan, said he was bound by what had been described by some of his colleagues as a "draconian law" to grant the corporation a warrant for the eviction of the woman, who is a mother of two.
He said the corporation had not told him why it was possessing her home. Under the 1966 Housing Act, it did not have to give the court a reason or present any evidence against the woman.
"It's pretty harsh", Mr Justice Sheridan told Ms Margaret Whitley (56), of Lorcan O'Toole Court, Crumlin, Dublin. "I don't think much of it, quite honestly, but it's the law and it has been upheld as constitutional by the Supreme Court. I am given no discretion in the matter."
Ms Whitley confirmed that she had been served with a notice to quit. "I don't know what's going on", she said. "The Social Welfare has been deducting £8 a week from my disability allowance book to cover my rent of £5.60 a week and some arrears."
Mr Justice Sheridan explained to Ms Whitley that she was not being put out of her home for nonpayment of rent. He added that the corporation would not tell him anything about the matter.
Mr Conleth Bradley, counsel for the corporation, said that the local authority had to give Ms Whitley only a week's notice to quit in order to comply with the Act. "We are not required to go into evidence to give any reason for serving the notice to quit, but I am instructed it is for estate management purposes", Mr Bradley said.
Mr Bradley said it was corporation policy in such cases that, when warrants were issued, it would make strenuous efforts in conjunction with the Eastern Health Board to have the tenant rehoused.
Mr Justice Sheridan said it was not legislation that he particularly liked, but it appeared he must make an order for a warrant. "If I could find some way of avoiding that, I would", he told Ms Whitley. "I have great empathy with people in your position."
He said the law as it stood did not seem to prevent him from granting a stay on his order and he would stay the warrant for three months. In the meantime, he would expect the corporation to make all necessary representations to the EHB.
When told by Mr Bradley that the warrant had to issue, Mr Justice Sheridan said he was not going to have Ms Whitley thrown out on the side of the road.