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:

Everything has been said eloquently. There is very little left to be said. We made a point in our paper to do with a restriction that is implicit in the model selected for the Bill that we believe is either directly unfair or could potentially be unfair — that is, the provision in the same head that Ms Lucey discussed, Head 8, which states that in making an award of compensation, the assessor shall compensate the applicant only to the extent that he or she suffered injury, loss or damage because of the breach. If that is intended to mean that one must produce a medical report to show a psychiatric injury or such like, for instance, it would be setting the bar too high and would cut away from a right to compensation people who have suffered stress, a loss of enjoyment of their life, or who have had an unnecessary disappointment visited upon them. We believe that would be a mistake, and we have said that in the paper.

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