Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I appreciate that clarification.

The Bill will also provide for the appointment of a chief assessor and assessors who will be charged with assessing claims of breaches related to Article 6.1 of the European Convention on Human Rights. This article states clearly that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Importantly, the assessors will have the power to award compensation to people who have not gained access to our justice system in a timely manner, where appropriate. The assessors will be in a position of authority to evaluate claims of delays in accessing the courts in the context of the right to timely court proceedings, as detailed in our Constitution. It is also prudent of the Minister and his departmental team to include in this Bill a mechanism to develop clear procedures for the assessors to utilise and to develop criteria with regard to rewards, importantly linking these criteria to the concept of just satisfaction. Just satisfaction, as detailed in Article 41 of the European Convention of Human Rights, sets out that where there has been a violation of the convention, and if the internal law of the high contracting party concerned allows only partial reparation to be made, the court shall, if necessary, afford just satisfaction to the injured party. These are important measures that will bring some level of reassurance to individuals who find themselves at the end of a long wait to access the courts.

It is important to ensure that assessors are appointed without unduly delay and that adequate resources are provided to them to carry out their duties. It is also important to note that the Bill will provide for scope for a specific right of action should a claimant or the Minister be unhappy with a decision taken by the assessors and that this will be facilitated by the Circuit Court, while also setting out criteria as to how the Circuit Court will address these matters.

This debate is opportune because the Minister of State and his Department have brought before the Houses in recent months a suite of measures and Bills related to judicial resources, the conversation having come up quite a lot. When I talk about judicial resources, as others do, I am referring specifically to staff support. That education and training courses will be provided is an integral element because no one will know everything and it is important that, like for many in the legal profession, there is ongoing training and professional development. It is only appropriate that this be afforded to judicial members and their support staff.

However, having adequate resources within the judicial system also encompasses court space. Clearly, with the increase in the number of judges, as highlighted over many years with our lower number of judges per head of population than most other countries in Europe - I think our number is the lowest - it is important we increase not only the resources but also court space. I had a reason to be in the Criminal Courts of Justice, CCJ, with the Minister of State, Deputy Carroll MacNeill, last year and it was quite extraordinary to see the space being managed in such an efficient way, with all the people milling around. At the same time, however, it has to be said that there is clearly not a sufficient number of courts of justice. Perhaps the CCJ is a bad example because it is a lovely new building and is being managed very well, but across the country, particularly at district and circuit level, it might be different. I will leave it to more learned Members than me to comment on that, but it is worthy of consideration as part of the package of changes the Department will make in respect of judicial reforms.

Finally, I echo the remarks of my colleague Deputy Shanahan in respect of fees. That has come up at my political party's parliamentary party meetings in recent weeks. It came up a number of years ago as well, and the Minister for Justice and the Minister for Public Expenditure, National Development Plan Delivery and Reform might make every effort to try to resolve that matter for the criminal Bar because it is worthy of their attention.

I will end where I began. The delivery of timely access to justice is fundamental to our society. We must ensure adequate resources for our courts and institutions that will allow them to carry out their vital work on behalf of the people. I am very confident, given what I have said, that there have been significant moves to address just that, and I encourage the Minister of State to redouble his efforts to deliver as much effective and efficient court reform as possible. I look forward to achieving that goal with him.

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