Cuttings relating to the case 16/03-29/05/1990

This file consists of handwritten case notes, research documents and background material relating to the case including extract of standing orders, extract of rules, procedures and privileges of Houses of the Oireachtas and documents relating to the Wireless Dealers Association v Minister for Industry and Commerce and Attorney General (1956?) as it related to bills being submitted to the Seanad.

This file consists of correspondence including from Mary Robinson (MR) and Mr Tony Hanahoe, Michael E Hanahoe & Co. solicitors, in relation to fees, 23/03/1990; fax from Michael E Hanahoe & Son to Gerry Durcan of draft letter sent by the solicitors to the Editor of the Sunday Business Post on behalf of their client stating he was not responsible for leaked document, 25/03/1990; letter from David Norris to his solicitor, Tony Hanahoe expressing concern that he had been libelled and his reputation seriously damaged in article by Emily O'Reilly, 26/03/1990; photocopies of letter from Kieran Coughlan, Clerk of the Committee on Procedure and Privileges to Michael E Hanahoe acknowledging receipt of letter and enclosures served, 09/04/1990; letters from MR to Gerry Durcan and Tony Hanahoe in relation to fees 24/04/1990; correspondence from Ann Lane, assistant to MR who subsequently had been elected President of Ireland in relation to final payment of fees, 28/12/1990-08/04/1991.

One photocopy and one faxed copy of David Norris' affidavit which had been sent to Mary Robinson (MR), 15/03/1990; copy of High Court Judicial Review between David Norris (DN), Applicant, and Sean Doherty, Maurice Manning, Liam Naughten, John Dardis, Jack Harte, Avril Doyle, Sean Fallon, Michael Lannigan, Joseph O'Toole, Patrick McGowan, G.V. Wright, Donie Cassidy and Seanad Eireann Book of Pleadings, 16/03/1990; photocopy and faxed copy of High Court order (Justice Blaney) which included quashing the report of the Committee on Procedure and Privileges (CPP) of Seanad Eireann in respect of alleged breach of privilege by DN, quashing decision for DN to be suspended from Seanad, and giving permission to Norris to apply for a judicial review, 20/03/1990; photocopy of typed document "Rough outline of case for justification of Doherty allegations" with attached letters (part of Pleadings?), 10/01-22/03/1990; typed document "Introduction to Outline of Doherty Case", by Norris and marked Private and Confidential, 23/03/1990; photocopy and faxed copy of draft letter from Michael E Hanahoe & Company, solicitors to Clerk of the CPP on behalf of DN offering to discontinue proceedings if a number of conditions were met, 25/03/1990; fax from DN to MR with typed draft text of speech he planned to give in Seanad Éireann the next day, 27/03/1990; photocopy and faxed copy of affidavit of Hanahoe, 06/04/1990 and an apprentice Michael Farrell, 10/04/1990; photocopy of High Court order from Mr Justice Barr giving extension to time for serving notice of motion to applicant (DN), 06/04/1990; two copies and one faxed copy of High Court Judicial Review No. 67 of 1990 Between David Norris...Seanad Éireann" Terms of Settlement, 25/04/1990.

This subsubsubseries relates to a separate case: David Norris v Seán Doherty (Ceann Comhairle [speaker of lower house of Irish parliament]) and 11 others (members of the Committee on Procedure and Privileges (CPP)) and Seanad Éireann.

In early 1990, Dublin University member David Norris while seeking to amend the order of business in the Seanad [Irish Upper House of Parliament] alleged that Senator Seán Doherty, Ceann Comhairle [Chair of the Seanad] was involved in having the composition of a delegation to Nicaragua for the election changed to exclude the National University Senator John A Murphy (who was to represent the small group of independents in the Seanad) but allowing one Fianna Fáil and one Fine Gael representative. Norris was later charged with breach of privilege by the CPP and was to be suspended from Seanad Eireann for one week. Doherty himself presided over the CPP which investigated Norris, although the allegations Norris made related to Doherty, and the CPP refused Norris permission to have legal representation present, or to bring witnesses. Norris took case to High Court which quashed the report the CPP issued following their investigation and quashed his suspension and gave permission for Norris to apply for a Judicial Review.

Later it emerged that Mr Doherty had withheld from the Seanad CPP legal advice that he should not have presided over the hearing of Mr Norris's allegation, and it transpired the allegations had foundation. Despite an agreement between parties which included Norris having legal costs paid by Doherty, it appears an investigation into Doherty's actions subsequently took place.

Two parliament barrister notebooks with notes, one labelled "Nicholas K Robinson Commissioner for Oaths" [notes taken during case hearing?].

Material in this file relates to High Court Case and grounds for appeal to Supreme Court. It includes folder labelled "Norris- submissions under Convention of Human Rights" (mainly handwritten notes including relating to remarks in court), 198[0?]; folder labelled "Norris - Opinions, Defence, St. of Claim etc." including typed list of witnesses for High Court case [Norris v Attorney General] with notation; typed copies of Statement of Claim, 1978; photocopy of "Reply to Notice for Particulars", 05/06/1980; photocopy of "notice for Particulars" with cover letter from Louis J Dockery, Chief State solicitor, 16-20/05/1980; photocopy of "1978 No.5793P High Court between David Norris Plaintiff and the Attorney General Defendant Index of Inter-Party Correspondence" with correspondence from 18/11/1977-18/06/1980; pamphlet "Homosexual Legislation in Ireland - A Case for Reform" Campaign for Homosexual Law Reform" 01/1978; typed letter from John Jay (JJ), Solicitor, Herman Good, Hubert Wine & Co, to Mary Robinson (MR) which was originally attached to copy of Order from High Court, and which requested Grounds of Appeal, 13/11/1980; copy of cover letter from MR to JJ which had been attached to photocopy of Judgement of European Court of Human Rights in Dudgeon Case, 09/11/1981.

Folder labelled "The Supreme Court David Norris and The Attorney General Book of Appeal…". File consists of material relating to appeal to Supreme Court and includes draft submissions and photocopies including photocopy of David Norris (DN) and Attorney General Defence of the Defence delivered at High Court, 14/11/1979, by Chief State Solicitor Louis Dockery; copy of typed document on United States Constitution and case Law; photocopy of High Court judgement in David Norris v Attorney General, [10/10/1980]; typed copy of submission on behalf of DN [High Court, 1980?]; typed index of Irish and US cases [submitted in court?]; typed submission to Supreme Court on behalf of Plaintiff (DN), with notations; photocopies of documents submitted to Supreme Court including index and copies of Plenary Summons, Statement of Claim, Notice for Particulars, Reply to Notice for Particulars, Defence, Judgement of Mr Justice McWilliam, Order of Mr Justice McWilliam and Notice of Appeal, June 1980.

Folder labelled "misc" including press releases and photocopies of documents used as research. File includes photocopy of pamphlet "Homosexual Oppression in Ireland - Its Origin and a Possible Solution", David P.B. Norris (DN), National Chairman Irish Gay Rights Movement (IGRM), 1976; photocopy (faded) of Church of Ireland Press Release "Homosexuality Law reform in Northern Ireland", 23/11/1977; documents on the Netherlands law change 1969, 1970 with correspondence attached from Bill George, M.A., NVIH International Action Group, Amsterdam, Professor Trimbos, Erasmus University Rotterdam and, Cees J Straver, NISSO [Nederlands Instituut voor Sociaal Sexualogisch Onderzoek] and the Policy Advisory Committee on Sexual Offenses, London, England, 17/11/1979-21/01/1980; photocopies of progress report "Homosexual Law Reform in Ireland", Norris, IGRM, n.d.; handwritten case notes; photocopies of several articles and book excerpts including "Counselling and Assisting Homosexuals", A.C.E. Lynch, 1979, "Towards a Charter of Homosexual Rights", Campaign for Reason, n.d., "Homosexuality: A Memorial on Merit", Ethna O'Gorman, Court of Human Rights, Strasbourg, 31/8/1979, "Indecency Between Males and the Sexual Offences Act 1967", by Roy Walmsley, Home Office Research Unit [United Kingdom], 1978, "The Vatican on Sex", by Daniel C Maguire, 02/1976, "Sexuality and the Law", by Dr E Brongersma, n.d.; photocopies of draft "Homosexual Offences (Northern Ireland) Order 1978, and explanatory document and photocopy of a survey for study on how Irish Men and Women perceived themselves and their lives in Ireland, 19[??].

Folder labelled "United States" with print outs of and notes on similar/relevant cases in United States of America including photocopies of book excerpts on following cases: "Commonwealth of Pennsylvania Appellant v Michael Bonadio, Patrick Gagliano, Shane Wimbel and Dawn Delight a/k/a Mildred I. Kannitz", 07/03-30/05/1980; "Gay Students Organization of University of New Hampshire v Thomas N. Bonner, Individually and as President of University of New Hampshire", 16/01/1974; "Doe et al. v Commonwealth's Attorney for the City of Richmond et al" 26/03/1976; "Buchanan et al v Wade, District Attorney of Dallas County", 29/03/1971; "Henry, Reformatory Superintendent v Cotner", 14/10/1968; "M.P. v S. P., Superior Court of New Jersey, 30/05-23/07/1979, photocopy of judgement "City of Santa Barbara v Beverly Adamson et al.", Supreme Court, California 19[80?]; photocopy of typed article "Lifestyle as a Constitutional Issue: Is there a right to Privacy?", by Roberta Achtenberg, with handwritten cover letter to "Dee Dee" and brochure from Lesbian Rights Project, San Francisco, United States of America, 01/09/1982; photocopy of judgement in Commonwealth of Pennsylvania v Michael Bonadio case, 30/05/1980; handwritten list of US cases with some notes; photocopies of various book titles relating to Morality and Law; photocopy of selected bibliography on Homosexuality, Congressional Research Service, The Library of Congress, Gerald P. Hamilton, Research Assistant, Government Division, 18/04/1980; photocopy of "Addendum II Denominational Statements on Gay Civil Rights, Testimony of the reverend Elder Troy D Perry..." Congressional Briefings, 21/04/1980; photocopy of Brief for Appellant, Brief on Appeal submitted by Lambda Legal Defence & Education Fund, Inc., Amicus Curiae and judgement, New York Supreme Court, the People of the State of New York against Ronald Onofre, 31/10/1979-24/01/1980 and Congressional Research Service, The Library of Congress photocopy of report "Homosexual Rights: An Issues Overview", by Sarah P Collins, Analyst in American National Government, 18/04/1980.

This file also includes photocopies of statements by John P. Spiegel, M.D., Brandeis University, Waltham Massachusetts, "First National Congressional Briefing on Civil Rights of Gay People", 21/04/1980 and again in 24/06/1980 with photocopies of letters of invite and thanks from members of Congress to Spiegel, as Professor of Social Psychiatry and member of Board of Trustees of the American Psychiatry Association, 24/03/1980 and 12/05/1980, and a bibliography and CV for Spiegel.