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

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I have two related points, both concerning head 8 pertaining to the quantum of compensation. The first relates to FLAC's submission but the Bar Council of Ireland might wish to comment also. FLAC identified an inconsistency in the approach. It identified inconsistency regarding the European Court of Human Rights Act 2003. I understand it is related to the fact that compensation in the Bill is based on ECHR principles and that it is a sort of compromise based on the arrangements across the various jurisdictions under the ECHR, some are very different economically, socially and legally. Could the delegates comment on that?

Let me refer to another point FLAC made, which also applies equally to the alternative put forward by the Bar Council of Ireland. I refer to a case where there is a delay in determining the quantum of compensation and where that compensation is determined by the High Court. When such a case returns to the High Court under the process, there is a perception of a conflict of interest or of a lack of independence, even if there are different judges.

Could the representatives from FLAC address both of those points? Could the representatives from the Bar Council of Ireland address them briefly also?

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