The existence of public interest law is a symptom of the failure of the political system to address adequately problems of social exclusion, according to Prof Gerry Whyte, the author of the major academic work in this area of law.
Speaking at a conference organised by the legal rights organisations, Flac, in Dublin yesterday, Prof Whyte said: "People turn to the law when they lose faith in politics. Therefore it is not enough for politicians like the Minister for Justice, Michael McDowell, simply to decry this reliance on the law as a means of securing social change.
"If he is concerned about the courts becoming embroiled in debate about public policy on social inclusion, he must ensure that the political system effectively addresses the need of those members of our society who have not benefited from the Celtic Tiger." The conference drew together speakers from Ireland and abroad to discuss the strategies and experiences of those involved in public interest law - the use of the law to promote the interests of groups of usually disadvantaged people - in a number of common law jurisdictions.
Prof Whyte, of Trinity College Dublin, said law schools should include it in all their courses. "This would ensure that future generations of law students would be exposed to public interest law during their academic training and hopefully this would attract some of them to working in their area."
Mel Cousins, a barrister and author of a soon-to-be-published report on public interest law in Ireland, told the conference that resources needed to be committed to this area.
"The future development of public interest law in Ireland can only succeed through the co-operation of key interest groups," he said, including private funders, foundations, the legal profession and statutory agencies. Two retired senior military lawyers have joined Human Rights First, a New York-based human rights organisation, in suing Secretary of Defence Donald Rumsfeld on behalf of eight people abused in US custody, according to American lawyer Fiona Doherty.
Rear Admiral John D. Huston, formerly the judge advocate general of the US navy, and Brig Gen James Cullen, former chief judge of the US Army Court of Criminal Appeals, have joined Human Rights First as counsel in the case, because "of policy and leadership failures that led directly to Secretary Rumsfeld", she said.
The eight clients are from Iraq and Afghanistan, and all allege serious abuse, including death threats, severe beatings, sexual humiliation and assault, food, water and sleep deprivation, and restraint in contorted positions. All were released without charge, and without receiving compensation.
