Mr. Colm O'Gorman:

That would be problematic on lots of levels not least because of the kind of pressure that might place on the legal system but also the fact it means one is immediately rushing to the courts to address things which should initially be dealt with perhaps through an administrative process and then through a watchdog-type body, whether an oversight body such as the Irish Human Rights Commission or the Ombudsman. When we talk about accountability and effective remedy, it does not mean that people find themselves taking the State to court on a routine or regular basis but that a whole range of remedies are provided, starting with the administrative which are meant to be corrective and engaged to identify and address problems rather than an almost a punitive mechanism where the State is being brought to court in some way.

The reason we flagged that is that first of all, it is a critical point and a really core principle but also to try to encourage decision-makers to engage with the concept that these kinds of processes support effective decision-making. They are revelatory rather than adversarial, so we reveal where a difficulty or an issue arises and an approach is adopted to it which is about identifying and constructively engaging to address an issue and to inform the development of a solution. Of course, in situations where a difficulty is intractable and where somebody, therefore, needs a remedy before the courts, that needs to be available to people as a last resort.

It is important to recognise that the Irish Constitution has ESC rights provisions in it. There has been jurisprudence on ESC rights in the Irish courts. If one looks at some of the cases taken over the years on the right to education, for instance, it demonstrates the Irish courts can adopt an approach, adjudicate on these issues, deal with complex issues and can engage effectively within their role to reveal where problems are and then it is back to the Legislature - the Oireachtas - to address whatever those difficulties might be.