THE HUMAN Rights Commission has expressed concern at the High Court about laws permitting the jailing of people unable to pay debts.
A group of international experts had expressed reservations to the Government last year about the lawfulness of provisions allowing for the jailing of unemployed mother-of-two Caroline McCann for one month over €5,865 in arrears arising from a credit union loan debt, and also of other people in a similar situation, the commission said.
The commission was making submissions at the close of a challenge by Ms McCann to the constitutionality of a one-month jail sentence imposed on her in 2005 at Monaghan District Court.
The three-day hearing concluded yesterday. Reserving judgment, Ms Justice Mary Laffoy said she hoped to give her decision as soon as possible.
The jail sentence was imposed on Ms McCann (36), of Mullaghmatt, Co Monaghan, in her absence and without her being legally represented, over her failure to pay a series of weekly instalments of €82, resulting in arrears of €5,856, on an €18,000 judgment obtained by Monaghan Credit Union in 2003 against her, also in her absence, over non-repayment of a credit union loan.
Yesterday, Siobhán Phelan, for the Human Rights Commission, said the European Convention on Human Rights (ECHR) clearly states a person cannot be jailed as a result of their inability to fulfil a contractual obligation.
Such a principle was accepted internationally and the commission was concerned Ireland should “be in line with international democratic principles”.
The commission also expressed concerns relating to Ms McCann’s right to a fair trial and fair procedures.
The State has said it is not standing over the order to jail Ms McCann, but denies the provisions challenged are unconstitutional or in breach of the ECHR.