Teresa Clyne – Law & Mediation

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DéDannan Law and Mediation

Welcome to my new website, DeDannan Law, and Mediation

DéDannan Mediation supports people to resolve conflicts by using restorative approaches. Broadly speaking, restorative approaches enable people to come together to improve their understanding of an issue and improve things for the future.

We provide couples separation and divorce mediation, we also support community settings for neighbours or families in conflict, and we also undertake workplace mediation for colleagues or teams in conflict. 

If you would like more information you can pop over to our dedicated Mediation Website where you can contact and also book mediation sessions online.

Mediation Services in Ireland,
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Mediation Services,
When couples decide to separate or divorce Family Mediation is a confidential, flexible, cost-effective, and time-efficient way for couples to divide their assets and settle other issues, such as maintenance, guardianship, child access parenting plans, and pensions in a fair and equitable manner.  Family mediation, is divided into many areas but separating couples and divorce mediation are the main areas which are dealt with in mediation, there are others such as elder, which is defined below,
Separating couples and Divorce mediation,
The following are some of the issues which can be dealt with in Separating Couples and Divorce Mediation: Future Living Arrangements, Division of Assets, Maintenance, Custody, Access and Guardianship, Co-Parenting Plan, Communication Problems, Pensions, Future Family Income
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Every single constitutional right, and government obligation can be SET ASIDE AND EVERY SINGLE ARTICLE HOLDS “SAVE IN ACCORDANCE WITH THE LAW” proviso enshrined within it.

“None of the personal rights of the citizen are unlimited: their exercise may be regulated by the Oireachtas when the common good requires this.” ~ Kenny J

Unenumerated Rights

Unenumerated Rights are rights that are not expressly stated in the written text of a Irish Constitution, however, they are inferred from the language, history, and structure of the constitution, or cases interpreting it. It can also be defined as inferred rights.
A common misconception among the people is that their rights come from the Constitution, legal personnel are even of the misconception of this, often citing rights as being a constitutional right, and this can often mislead people into believing the constitution is the source of their rights.

One question which can be asked to determine if a person’s rights come from a constitution is: For example, if the constitution was not enacted in 1937 would an Irish citizen not have the rights which are enumerated in it?

The answer is no, of course not. The existence and protection of those rights do not depend on the Constitution and the person would be protected by legislation etc.

Fundamental Rights in the Irish Constitution

A fundamental right can be defined as a basic human right. The Irish Constitution recognises that Irish citizens have certain fundamental rights. Not every fundamental right is listed in the constitution; unenumerated rights are unwritten and therefore inferred.

Article 40.3 of the Irish Constitution refers to and accounts for the recognition of unenumerated rights. The Supreme Court is often the main source of such rights, such as the right to marry, the right to bodily integrity and the right to earn a living, among others.
These Fundamental Rights, enumerated or unenumerated, they are not absolute as can be seen in the case of Ryan v AG, they can be limited or restricted by the Oireachtas on the grounds, i.e. of the common good, public order or national security.

How they developed:
On 1 July 1937 the people enacted a new Constitution, Bunreacht na hÉireann, to replace the 1922 Constitution of the Irish Free State. Even though the 1922 Constitution had been approved by Dáil Éireann, there continued to exist throughout the country a substantial body of opposition to it owing to its being circumscribed by the terms of the Treaty, its recognition of the British monarch as part of the national legislature and its requirement that members of the Oireachtas swear an oath of faithfulness to that monarch.

Much of the case for a new Constitution was the need to make perfectly clear that the source of authority in Ireland and of the fundamental law of the state is the people of Ireland. There was a desire to give the state all the characteristics of a republic and so all references to the British monarch were removed.

Where are Fundamental rights found in the Constitution:

Articles 40 – 44 of the Constitution allow for fundamental rights.

How did unenumerated rights develop and are they afforded the same protection as enumerated rights:
Unenumerated rights are implied rights, not necessarily written but implied. They are rights that have been read into the court. Courts have interpreted Constitutional rights in such a way that unenumerated rights implied in the text are protected to the same extent as enumerated rights.

Discuss two examples of a specified right:

(I) The right to Trial by Jury:
The present Constitution of the Republic of Ireland, enacted by the People in 1937, provides that subject to three exceptions, “no person shall be tried on any criminal charge without a jury with except to trial for minor offences, trial by special criminal courts and trial by military tribunals.
In Ireland jury trials are available for criminal before the Circuit Court, Central Criminal Court and defamation cases. Consisting of twelve persons, non-lawyers who have been chosen at random from a diverse range of jurors from the community. Juries only decide questions of fact; they have no roll in sentencing or awarding damages. If you have been charged with a “non-minor” offence, you will be tried by a judge sitting with a jury. There are some offences for which you will be given a choice – whether you want to have your case decided by a District Court Judge sitting alone or by a judge sitting with a jury. For certain terrorist and organised crime offences the Director of Public Prosecutions may issue a certificate that the accused be tried by the Special Criminal Court. Instead of a jury the Special Criminal Court consists of three judges, one from the District Court, Circuit Court and High Court.

(ii) The right to Education.
Art: 42
The State acknowledges that the primary and natural educator of the child is the Family. And the state guarantees to respect the right of the parents to provide that education. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State. The State shall not oblige parents to send their child to any particular type of school, but they do require children to receive a certain minimum education, moral, intellectual and social. The State will provide for free primary education and will provide reasonable aid to private, home taught, education
Sinnott Vs Minister For EducationDiscuss two examples of an unspecified right:

(i) The Right to Privacy.
The Constitution does not specifically state a right to privacy but the courts recognise that the personal rights in the constitution imply the right to privacy.
The unenumerated right to privacy has been interpreted as protecting individuals against certain kinds of intrusion by persons or body’s , your private written communications and telephone conversations cannot be deliberately and unjustifiably interfered with.

However, your right to privacy may be limited or restricted by legislation in the interests of the common good. See introduction last paragraph.

Kennedy Vs Ireland(ii) The Right to Martial Privacy, Rights of the family

The Right to consort together, to enjoy each others company and the right to procreate or to make their own private decisions, made within married life, regarding procreation.
Origins of the Irish Constitutional act The Right to Martial Privacy stem from the case of McGee Vs Attorney General.

McGee Vs Attorney General

Name and discuss/explain cases from aforementioned specified/unspecified rights :

The Right To Trial By Jury: Gangland Ireland Vs StateEven though the Irish constitution recognizes and declares that people living in Ireland have certain fundamental personal rights like a fair trial and a trial by jury, this like all our fundamental rights can and are broken, if, the state feels there is a conflict between the constitutional rights of individuals and the greater good.

The following case has recently been brought forward and in this case their right to Trial by Jury has been wavered. These men/boys have a very low value on life and because of this the state feels that jury intimidation is very probable and will face the juryless special criminal court; this is not a new approach to dealing with cases where the ordinary courts are deemed inadequate to secure the effective administration of justice. The court was first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army from subverting Ireland’s neutrality during World War II. The current Incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began. The court is composed of three judges appointed by the government from among the judges of the ordinary courts, usually one from the High Court, one from the Circuit Court and one from the District Court.

The (DPP) recently ordered eight Limerick men, arrested as part of an investigation into alleged extortion, go on trial at a non-jury Special Criminal Court. The eight defendants were sent forward for trial to face the three-judge non-jury court. All eight men were arrested by gardaí in Limerick last April as part of the same investigation. They face a number of separate charges, including threatening to kill a man, violent disorder and alleged extortion. All of the defendants were wearing handcuffs when they were served with books of evidence in court yesterday.
State Solicitor, Michael Murray told the court that some of the accused had not co-operated with prison officers in the holding cells. Among those who appeared in court was 24-year-old Ger Dundon from Hyde Road in Limerick. He is charged with committing violent disorder, when his case was called, Mr Dundon covered his ears and repeatedly shouted, “I am not listening to the court” and stuck his middle finger up at the judge.

The Right To Education: Sinnott Vs Minister For Education

Art 42 recognised the rights of the child, and duty of the state as guardian of the common good. The constitution declares that the primary and natural educator of the child is the family.
The state guarantees to respect the rights of the parent to provide an education for the child. The state requires children to receive a certain minimum education; the wording ‘certain minimum’ does leave a grey area as to what that said minimum standard is. The Education (Welfare) Act 2000 does not give a definition of a “minimum education”. However, it does provide that the Minister may set out a “prescribed minimum education”. That minimum standard may be different for children of different ages and of different capacities – including physical, mental and emotional capacities. The state will not oblige parents to send their child to certain schools and the child can be home educated, once registered.
Where a child has special needs which cannot be provided for by the parents, the state is obliged to cater for such needs in order to fulfil the child’s basic fundamental right to education.

Jamie Sinnott was at the time a man with the physical age of 22, but with a mental age of 12. In October 2000 Kathy Sinnott, mother of Jamie won her battle in the High Court. The High Court was critical of the government’s inaction in providing for Jamie’s constitutional right to an education and declared that Jamie and others like him, had a right to free primary education for as long as he could benefit from it, or as long as such education was reasonably required by him. The case established that the state had breached its constitutional obligation to provide Jamie with an appropriate education and that this education should be provided regardless of a person’s age.

Her victory, however, was short lived. The government appealed the High Court’s decision. The objection was against the argument that the constitutional entitlement to a free primary education is based on needs, not on age, and does not cease at age 18. The government warned that the judgment created dangerous constitutional precedents , because it awarded damages for the first time to a person for the suffering of another , the High Court had acknowledged and financially compensated Kathy Sinnott for her long struggle , furthermore the government were also appealing the damages awarded.

In July 2001 the Supreme Court overturned the High Court ruling. The seven judges of the Supreme Court agreed that Jamie had not received the education he had been entitled to, but that this entitlement ends at the age of 18.

The government had to put an end to the dangerous constitutional precedents, it was estimated that there were 200 legal actions being taken by parents with children with special needs throughout Ireland in the year that followed the Sinnott case.
The Irish government however, resisted disability campaigners despite international criticism.

The Right To Privacy: Kennedy Vs Ireland

The unenumerated fundamental right to privacy has been interpreted as protecting individuals against certain kinds of intrusion by persons or bodies.

In the case of Kennedy Vs Ireland the plaintiffs were journalists whose telephones had been tapped, on foot of a warrant, issued by the Minister for Justice. Tapes were made of the recorded conversations and the plaintiffs (journalists) were claiming for breach of their constitutional rights.

The nature of the Right to Privacy must be such as to ensure the dignity and freedom of an individual, in this so called independent and democratic society. The dignity and freedom of an individual in this ‘democratic’ society cannot be ensured if his communications of a private nature, written telephonic or electrical, are deliberately intruded upon.

Although the right to privacy is an unanimated right and is read into our fundamental constitutional rights , in recent years the law has changed whereas recordings from criminal matters can now be admitted into court proceedings. The only real change is not that they now make these recordings; it is merely that they can now do so legally and admit them in court coupled with the right to trial by NO jury.

The Right To Martial Privacy, Rights Of The Family: McGee Vs Attorney General

Mrs McGee is a married woman who was 27 years old at the time; she lived with her husband, a fisherman, and their children in Skerries, County Dublin. She was married in 1968, and has four children. The first two children of the marriage were boys; the third and fourth were twin girls who were born on the 15th November, 1970. The parents and children are all Irish citizens and of the Roman Catholic religion. Her second and third pregnancies were complicated by serious attacks of cerebral thrombosis; that the second caused a temporary paralysis, and that the third caused toxemia with high blood pressure and a threat of cerebral thrombosis.

She alleged in court that she had been warned by her medical adviser that her life would be in danger if she were to become pregnant again. She further alleged that, having considered this advice, she and her husband decided that they should have no more children and would resort to the use of contraceptives. She further alleged that her doctor prescribed the use of a diaphragm together with a contraceptive jelly known as “Staycept Jelly”, and that he supplied her with a quantity of it.

At the trial her evidence, the evidence of her husband, and the evidence of her doctor, duly established the case which she had pleaded. She further pleaded, and adduced evidence to support her plea, that when she attempted to import a quantity of “Staycept Jelly” it was seized by the customs authorities, and that they refused her application to release it on the ground that its importation was prohibited by s.17 of the Criminal Law Amendment Act, 1935. The plaintiff claimed a declaration that s.17, sub s. 3 of the Act of 1935 is inconsistent with the Constitution and that, therefore, it was not carried forward by Article 50 of the Constitution, and that it no longer forms part of the law of the State. She further claimed a declaration that the seizure by the second defendants of the packet of jelly was unauthorised by law and illegal, and she claimed damages for its detention or conversion.

In the final judgment delivered on the 19th day of December 1973 at THE SUPREME COURT it was found that sub-section 3. S. 17 of the Criminal Law Amendment Act, 1935 violates the personal rights of the plaintiff, in this case, her right of privacy in her marital relations with her husband. The right to marry and the intimate relations between husband, wife and the four infant children of the marriage were entitled to be considered by the law as being entitled to protection as having an interest in seeing that the family was not further enlarged, or furthermore that nothing would happen to the wife/mother due to a medical issue that could have been avoided, these are fundamental rights which have existed in most, if not all, civilised countries for many centuries.

Conclusion:My conclusion is basic and simple, our basic rights as humans are rights that we, man, and woman or child have at a fundamental level.

So lads, when is enough, enough?

So, here I am, on the fringes of society, to be honest, Ive always been here, but quietly, to myself, staying out of the mayhem of “conspiracy theorists”. but alas, I have to admit, I am a conspiracy theorist, or AM I?

When I said at the beginning of lock-down last year that we would be in a tyranny within 18 months, even I didn’t fully understand the scope or truly believe how quick it would all go wrong. Oh but here we are.

From next week, (Leo says a few weeks, “like the first lockdown” i assume he has no bloody idea what a week is, his land must be a strange place as its almost 70 weeks since lock-down) “people like me” will not be allowed into pubs or restaurants without our Holocaust Badges, oops, covid passports.

Thankfully it doesn’t bother me, pubs etc, not a fan anyway, but it is now boiling my blood to see so many people rushing for vaccines so they can sit down and have a pint. Whats more, they’re lining up for it. this is disturbing to say the least, but I am not judging anyone for getting it, they are bombarded with fear and blackmail at every turn, don’t get the vaccine, DIE, or KILL someone you love, don’t get the vaccine, you will be an outcast and not ALLOWED INTO PUBS. of course those who are susceptible to brainwashing and fear-mongering really cannot be to blame.

But that comes back to me, am I alone? No, Im contacted on a daily basis, to help with the resistance, and yes this is a word that’s being used, so, what now, well i’m not really sure, but i can tell you, im not going to be forced into a vaccine until I know its passed it trials, and NO ITS NOT passed its trials until 2023, if you do even a tiny bit of research you’ll see that. Am I anti-vaxer, NO, I have all my vaccines, the ones i got growing up, you know the ones, yeah the ones that were tested and tested before we got them. Am I anti establishment, aghh… well, im anti corruption and anti lies, so probably yes.

We do I go from here, well(tongue in cheek) obviously not to far as ill not be allowed in the general public soon for lack of my holocaust badge, (oops, jees I keep making that mistake) my covid passport. So we may set up camp us Fringe Dwellers and make up our own community.

Planning Permission in Ireland in 2021 and the “locals only” rule.

Applying for planning permission (and actually getting it) is one of the most frustrating, nerve-wracking elements of creating a new home for you and your family. It is right up there on top of the most stressful tasks a person can undertake.
Ensuring that your project matches up to your expectations, whilst also fitting in with local and national policy, takes a lot of time and experience.
The formal application itself is pretty straightforward, however, it’s vital that you tackle the task with care and attention.
Mistakes and omissions at the planning stage can cause frustrating delays or even destroy your chances of success.
Another frustrating aspect of planning in Ireland is the dreaded “local needs” conditions, which I will go into great detail about, i.e. the legalities of such conditions and how you can assert your knowledge of these (illegal) rules at your pre-planning stage, WITHOUT jeopardising your application.
Whether you’ll be making your own application, or have a planning consultant or architect on board to do it for you, it’s worth knowing what’s involved and how you can get the best from it.
I have a booklet which explains all of the above and more information on the conditions of the local need etc.

*disclaimer, nothing in the enclosed article is any kind of legal advice, it is opinion based on experience and should not be taken as any form of advice, just opinion. Please seek independent planning and legal advice on any aspect of the planning process in Ireland before proceeding as you can not use this article as means for retribution should you fail. T. Clyne

So, Where to Start

BEFORE you do a single thing in regard to your new build, you need a pre-planning meeting.

Under Section 247 of the Planning and Development Act, 2000 anyone who has an interest in land has a legal right to apply for and obtain a pre-planning meeting with the local planners (even with covid restrictions and new covid related legislation you are still entitled to this) so don’t let councils fob you off with covid excuses as there is nothing in the new emergency legislation to preclude you from this legal right, you can suggest zoom or skype meetings, etc, or even by phone, but you are entitled to this meeting regardless of the councils (stand) on no meetings.
Pre-Planning Clinics
ALL County Councils provide for face-to-face Pre-Planning Clinic Meetings in the Local Area Offices under
Section 247 of the 2000 Act. These Pre-Planning Clinic meetings must therefore adhere to the following criteria in order to comply with the legislation:
Official Pre-Planning Clinic Meetings will be given a specific reference number which can be linked
with the Planning Application (Q23) should one be submitted as a result of that pre-planning meeting.
A record of the time, place, and all details of the meeting must be recorded at the pre-planning clinic and
be made available to the public when the decision is made.
All written (2 copies) and electronic requests for pre-planning appointments must be accompanied by:
• A Cover letter which includes the name & address, telephone number of the owner/applicant,
detailed connections to the area, if working/born in the area, for how long etc. (under the Flemish case this is an illegal condition) its is now a rural need, make sure to have your RURAL neds case to put to the planners, “usually medical, family, work etc” and have this in a binder with everything you will need to prove your need)
• Details of the nature of the proposed development.
• A Site Location Map – showing clearly the location of the land. (If the site is part of a family farm,
submit a map outlining the full farm landholding and all current dwellinghouses on the land)
• Draft Site Plans and House design plans (photographs may be accepted instead of drawings)
• Confirmation of land ownership or written consent to the Planning Authority from the landowner to
provide pre-planning advice
Requests for Pre-Planning Clinics will not be accepted unless the above documents are included!
Each appointment will be acknowledged by letter/email giving a pre-planning number

IF THEY REFUSE A PRE PLANNING meeting for ANY reason, that includes covid restrictions, they are breaching your right to due process and as a public body, their decision to refuse you a legal right may be subject to an application for judicial review as they do not have the power to act ultra vires (outside the powers given to them) as they are a body and not entitled to override a legal right given to you by law. (Section 247 of the Planning and Development Act, 2000 ). If you have been denied a pre-planning meeting you must apply for judicial review within 8 weeks, using a grounding affidavit and app

If you have been denied actual planning and wish to apply for judicial review it is a separate route for this, please see this legislation for an explanation. Sections 50 and 50A of the Planning and Development Act 2000.

Once you are ready to proceed

Below is a step-by-step planning application and the “local needs” (mostly) illegal conditions.

The Flemish Decree Case and Local needs conditions in Ireland
Local needs and illegal conditions imposed by Irish county councils
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