Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank FLAC and the Bar Council for attending and for their helpful submissions, which I have read and which the committee will find helpful when we are producing a report.

It is important to note that it is an infrequent occurrence for people to go before the courts or seek justice. Generally, people only do that once or twice in their lives. Some people are lucky and never have to do it. It is an extremely stressful process. The good aspect of having the Bar Council and FLAC in attendance is that they are aware of the stress that the invocation of one's rights and having to seek justice can place on individuals. Sometimes, people on the outside do not appreciate that. Delay can have an aggravating impact on that stress. Recently, a woman who was a complainant disclosed her identity in a rape trial. One of the things she said after the accused had been convicted was that she had found the delay of four years, from her making her complaint to the years spent in the court process, extremely stressful. There is a purpose behind the provisions within the European Convention on Human Rights, ECHR, on why there should be a speedy and effective remedy when delay has been introduced into the system.

My first question is for the Bar Council. I may be wrong but, when we contemplate delays, there are two types in the court system, the first of which is the delay caused by a case not getting on for a period of time. For example, it might not be listed on the first occasion or the next occasion. The second type is the delay caused by a judge who, after hearing the case, does not give judgment promptly. Are those the two types of delay we are considering?