Project Investigator: Prof. Mary Rogan
This project examines the use of pre-trial detention and alternatives to such detention across Europe. It involves work in Ireland, Romania, Austria, Germany, Lithuania and the Netherlands. It will analyse pre-trial detention practices, with a particular focus on decisions which have a cross-border element. This project ran from 2016 until the end of 2017, and Dr. Mary Rogan was awarded €50,000 for the work on pre-trial detention in Ireland, out of a total budget of €540,000 for the cross-European consortium by the European Commission's Directorate General: Justice.
Project Investigators: Prof Ivana Bacik and Prof Mary Rogan
This project, co-directed with Prof Ivana Bacik and Dr. Mary Rogan was funded by the Irish Research Council's 'Engaging Civic Society' stream of its New Foundations scheme, sought to promote public debate, discussion and reflection on how law and social change interact in Ireland. Additional funding was also secured from the Trinity College Dublin Equality Fund and Arts & Social Sciences Benefactions Fund.
Each of the four seminars run in 2015 under this project brought together former litigants, lawyers, civil society organisations, academics and all those interested in the connections between law and social change. Four themes were explored over the course of the seminars. The project also disseminated its results to the Oireachtas, and will produce an edited collection to be published by Clarus Press in 2016.
The first seminar, 'women changing law, changing society', organised with the NWCI, took place on 8th May 2015. It was addressed by Máirín de Búrca, litigant in de Búrca and Anderson v Attorney General  IR 1, and Dr. Micheline Sheehy-Skeffington, who won her claim before the Equality Tribunal that her employer, NUI Galway, had discriminated against her for promotion on gender grounds. Professor Yvonne Scannell spoke of her involvement in the Murphy v Attorney General  IR 241 litigation; Mary O'Toole SC provided a practitioner's perspective, and Professor Aileen McColgan of King's College London gave an international view.
The second seminar, jointly hosted with GLEN, took place on 25th June 2015, on the topic of 'sexual identity, law and social change'. It was addressed by Senator David Norris, litigant in the key case leading to the decriminalisation of homosexuality in Ireland (Norris v. Ireland  IR 36 and ECHR 10581/83); Senator Katherine Zappone and her wife Dr Ann Louise Gilligan, whose High Court litigation seeking recognition for the right to marry pre-dated the referendum establishing the right to marriage equality (Zappone & Gilligan v. Revenue Commissioners  IEHC 404); and Professor Mark Bell of Trinity College Dublin, who spoke on the impact that litigation has had for LBGT rights generally.
The third seminar, on 'immigration, asylum and legal change', organised with the ICI, took place on 18th September 2015. It was addressed by Gandhi Mallak, litigant in the important Supreme Court case on citizenship rights, Mallak v. Minister for Justice, Equality and Law Reform  IESC 59. Dr. Patricia Brazil from Trinity College Dublin, and Professor Cathryn Costello from Oxford University, spoke on the national and international legal issues involved in this area.
The fourth seminar, entitled 'Public interest litigation; does it work?' was held in conjunction with PILA on 16th October 2015. Speakers included litigant Dr Lydia Foy, who challenged the State's failure to provide for transgender rights in Foy v. An t-Ard Chláraitheoir  IEHC 470; Kevin Brophy of Brophy Solicitors who gave a practitioner's view; Maeve O'Rourke BL, who discussed her advocacy work on behalf of survivors of the Magdalen Laundries; and Professor Gerry Whyte of Trinity College Dublin, who provided an academic overview of public interest litigation and identified some key themes that have emerged from many such cases.
These key themes, and the findings from the research project generally, were presented by Dr Rogan and Prof Bacik before a meeting of the Oireachtas Joint Committee on Justice in November 2015. In that presentation, it was pointed out that while the changing nature of society is evident every day in our courtrooms, within the Houses of the Oireachtas, and in the actions of campaigning and advocacy organisations, it is only in exceptional cases that we hear the stories behind moments of legal change.
An edited collection was published by Clarus Press in 2016.
Prisons: the rule of law, accountability and rights (PRILA) is a research project funded by the European Research Council, grant agreement 679362. The Principal Investigator is Dr Mary Rogan, School of Law, the University of Dublin, Trinity College, Ireland. The project commenced on April 1 2016 and will run until March 30 2021. Further details are available from PRILA's dedicated page