Dr. Conor Casey:

This is a quick point on damages for breach of constitutional rights which is to say that courts sometimes award damages for breach of constitutional rights but they do not do it lightly. It is a very contextual assessment and it depends on the nature of the case. It depends on the nature of the right that is breached. In recent cases where courts have given damages, it tends to be breaches of rights that are very closely linked to basic human dignity.

In the Simpson case, modest damages of €7,500 were awarded to a prisoner who was kept in very unhygienic conditions for seven and half months in breach of his constitutional rights. There was a case where there was an egregious delay in getting someone to trial. The person was remanded in custody for around two years - it was the O'Callaghan case from 2021 - in breach of their right to a trial in due course of law. That person was awarded modest damages of €5,000. Again, there was quite a long delay in vindicating their right to a fair trial and liberty.

In cases involving the right to primary education, in the famous Sinnott case in 2001, the Supreme Court awarded £50,000 in damages as well as a declaratory order. That was in a case where there had been no provision for Jamie Sinnott over many years, which profoundly exacerbated his disability.

It is very contextual. It would depend on whether the Government and Oireachtas are taking good-faith measures, there is culpability in any failure and the level of damage caused. It would not be the case that anyone who feels aggrieved that they are not accessing accommodation quickly enough could go in and make an argument. The court will look at a whole range of factors, including culpability, the nature of the delay and the resource constraints. Our judges are very rigorous and do not award damages lightly in any way. I wanted to make that point for a bit of context.