Role for lawyers in 'triggering political debate'

Lawyers can play a role in promoting social inclusion, Prof Gerry Whyte of Trinity College told the Burren Law School.

Lawyers can play a role in promoting social inclusion, Prof Gerry Whyte of Trinity College told the Burren Law School.

He said he did not share the view that the courts and the political system were mutually exclusive.

"The pursuit of litigation in respect of socio-economic rights is part of the political process, a means of triggering political debate," he said.

"It follows that lawyers acting on behalf of disadvantaged clients should never ignore the political dimension to the social problem facing their client."

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Prof Whyte said two recent Supreme Court judgments, involving Mr Jamie Sinnott and "TD", a disturbed youth seeking appropriate accommodation, had brought an end to the role of certain lawyers in seeking to establish new socio-economic rights through constitutional litigation.

He said the arguments against such a role for the courts could be countered.

These included concerns about unelected judges exercising a political role, and concerns that they would involve expenditure of public funds.

However, in Ireland judicial decisions were always reversible by the Oireachtas, or by the people in a referendum.

In relation to expenditure, the exercise of certain rights, like the right to vote, already required public expenditure.

Mr Jean Pierre Eyanga, co-ordinator of Integrating Ireland, said that, as an Irish citizen from an African country, he could perform a role as an outside observer of Irish society.

He had experienced exclusion professionally, he said, when he was not allowed work as a vet despite holding an MA in food science from UCD on top of his veterinary qualifications.