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
Mr. Micheál P. O'Higgins:
We agree with what Ms Lucey and Ms Barry have suggested for FLAC. A point that bears mentioning is that one advantage of not doing things in secret and providing an oral hearing, even if it is streamlined, informal and, I hope, cost effective, is there is tremendous value in litigants feeling they have had their day in court, whether that is full court, quasi-tribunal or whatever shape it takes. There is a difficult to calculate advantage and positive element to litigants feeling they have had their day in court with barristers standing up for them and telling the judge there was a wrong done. Even if they lose the case they come out of court feeling that somebody advocated for them. These positive benefits will follow a transparent court or quasi-court hearing. They will not follow if it is done in secret in an unnamed office purely on paper. This is something else we believe should be borne in mind.
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