Mother in debt wins test case over jail order
Caroline McCann from Co Monaghan said she hoped her landmark High Court case would mean people unable to pay their debts will be treated more fairly.
Ms McCann said she was relieved she “won’t have to go to prison and be taken away from her children”.
Last year, 276 people were jailed for failing to repay loans – a 37% increase on the number imprisoned for similar offences in 2007.
The Human Rights Commission (IHRC) was involved to assist the court on legal issues in the case. Last night, Eamonn MacAodha, chief executive of the IHRC, welcomed the ruling.
The commission has long argued that the jailing of people who have difficulty meeting loan repayments runs contrary to the European Convention on Human Rights.
Free Legal Advice Centres (FLAC) last night welcomed the judgment, which it hailed as a vindication of Ms McCann’s constitutional and human rights.
“The current system, where a debtor without funds or ability to pay a debt can be imprisoned, is wrong and does not accord with fairness or human rights,” a spokesperson said.
“FLAC calls on the Government to amend the very outdated laws governing this area immediately.”
Yesterday, Ms Justice Mary Laffoy said the District Court had no jurisdiction to make the order to jail Ms McCann in 2005. The order related to Ms McCann’s failure to pay weekly instalments of €82 to meet a judgment of €18,000 secured by Monaghan Credit Union in 2003.
Jailing a person due to their inability to pay their debts was not only futile in terms of securing a remedy, but imposed unnecessary expense on both the creditor and the state, the Judge added.
Ms Justice Laffoy said she found it inexplicable that the state should “countenance continuation” of a “vague” scheme of enforcement of debt” that gives no guidance to any party involved.
