Matt Shanahan (Waterford, Independent) | Oireachtas source

Under the European Convention on Human Rights, suspects are entitled to a fair trial within a reasonable timeframe. It was reported in the media many months ago that the Council of Europe was monitoring delays in the prosecution of criminal cases and that the Irish criminal courts were breaching the rights of individuals in such circumstances. Such breaches could require a court remedy by way of compensation. The result of these delays is that defendants in criminal trials could be entitled to receive compensation if cases are extensively delayed before being heard in court. The Bill being proposed is an answer to this situation. Its aim is to provide for the right of a party to proceedings not concluded within a reasonable timeframe to seek compensation for extended and unfair delays. It is noteworthy that those defendants subject to such delays are entitled to seek State compensation. However, it does not appear that the Bill provides for any compensation for the victims of crime or their families, particularly where serious events have failed to be prosecuted within a court-determined reasonable timeframe.

Such court delays appear to be largely the result of a lack of resources in our penal courts system. We appear to have a significantly lower number of judges per capitathan our European peers, from whom the principles of this legislation are being derived. The issue of resources appears to cascade across our criminal justice and legal systems. Recent reports have highlighted that professional fees have been frozen at 2011 rates. In recent months barristers have gathered to protest over the Government's failure to reverse the cuts to District Court criminal legal aid fees imposed during the financial crisis. These fees stand in stark contrast to the legal fees that are available in the private compensation area of the courts system. Legal representatives have said that barristers practising criminal law in the District Courts are paid €25.20 for a remand hearing, €50.40 for a plea in mitigation at a sentencing hearing and €67.50 for a full trial hearing. The Bar Council chairperson, Ms Sara Phelan, has argued that the Department's failure to restore previous pay scales is a direct threat to the maintenance of the highest standards in the administration of criminal justice in this country.

How many times will the issue of inadequate resourcing across so many sectors of our society be discussed in this House but not addressed? Prosecution delays also have ramifications for our policing. Why should investigating gardaí and inspectors exhaust themselves trying to gather evidence that can secure a prosecution and conviction if their efforts are to be thwarted by our inability to provide adequate resources to run our criminal courts system? Parts of the Bill speak to the appointment of a delayed proceedings compensation assessor. This assessor will have to be a judge capable of making findings that compensatory delays have occurred. How can we find judges to occupy such a position if they are not available to our courts?

I understand that this Bill is required by EU statute but there is something inherently wrong with providing for compensation to plaintiffs for undue delays in criminal cases which occur largely as a result of our inability to properly resource our criminal justice system. It is a pity that within this Bill there does not appear to be any overarching proposal that will change this situation for families. This Bill requires additional work and further legislative supports to underpin the work of our criminal justice ecosystem and for that reason, I will monitor its progress through the House.

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