Oireachtas Joint and Select Committees

Wednesday, 16 January 2019

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of European Convention on Human Rights (compensation for delays in court proceedings) Bill 2019: Discussion

Ms Sinéad Lucey:

We largely have an open mind but with the caveat that we do not think that having an informal system will exclude the requirement to have lawyers assisting the person making the application. We say that because the processes before the courts can be quite mysterious to the particular client. Clients do not really understand why their case has gone back and another case has gone forward, why their case was put into a holding list while another goes ahead or why they have to wait for the respondent to do something in particular. In that regard, to make that into a case for compensation will require the lawyers who were involved in the case to sift through those various elements of delay that can happen and waiting, and decide which ones were unreasonable, or which ones to say or claim were unreasonable, or which are not. We do not see that one will wholly exclude the participation of lawyers and, therefore, make this a cheaper, more accessible system. That needs to be taken into account.

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