It focuses attention on the continuing failure to enact contempt of court legislation despite calls over some two decades for such legislation from, among others, the Supreme Court and the Law Reform Commission . The absence of legislation means, as the Supreme Court noted in a 2000 judgment, that the law on contempt is in many respects uncertain and in need of clarification by legislation.
In a 1991 report concerning contempt, the LRC noted that sequestration “was and is a process of contempt” and described it as “a drastic remedy designed to coerce rather than punish”. The commission noted the superior court rules provide four bases for sequestration, including in relation to judgment or orders against a company which are “wilfully disobeyed”.
When assets are sequestered, they remain in the ownership of the affected person but they cannot deal with them until they purge their contempt or until the court orders what should be done with the sequestered assets. The primary purpose of civil contempt proceedings is coercive but, for criminal contempt, the primary purpose is punitive. Whether or not sequestration might be regarded as primarily coercive or punitive is an issue that has yet to come before the courts.
Also can I ask the very obvious question: How are teachers who refuse to use a students perfered pronoun going to be dealt with going forward?There is nothing in writing to compell a teacher to comply with such a request from management & will this compulsion extend to students?
Dangerous precedent, in my opinion, unless we as a state are deciding this is how we deal with everyone who is in contempt of court.
Wouldn't be legal precedent in European history however as the Nazis confiscated the Jews homes and imprisoned them for their beliefs. It was all legal too.
You just don't know where to stop in this lemming-like rush, don't you?
It's not a good precedent Leave his house alone Employers, should not confiscate employees houses
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Source: IrishTimes - 🏆 3. / 98 Read more »
Source: IrishTimes - 🏆 3. / 98 Read more »