Ms Judy Walsh:

I agree that 12 months is not enough. In reading all of the cases, you see exactly what the Cathaoirleach has just described. People are trying to do the recommended thing and engaging in internal grievance procedures or accessing other complaints mechanisms or they may be saying they cannot do this while in the school or while living in that particular house and so they wait because they are afraid of being victimised or bullied for raising a complaint. You see throughout the case law that there are very legitimate reasons that people should not be expected to make a complaint within 12 months, either under employment equality legislation or the Equal Status Acts. In personal injuries law, the statute of limitations is two years. It is six months for most civil law claims and one year for defamation. It is not apparent to me why it is only 12 months in this case. While the move from six to 12 months is welcome and very useful, why not go further? Both FLAC and I have made the point that the limitation period should start from when an internal grievance process or other complaints mechanism has been concluded. That resort to internal complaints or grievance mechanisms is a big issue in practice.