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Written Answers — Department of Justice and Equality: Prison Service Data (15 Jan 2019)

Jim O'Callaghan: 419. To ask the Tánaiste and Minister for Justice and Equality the number of prisoners kept in the new Cork prison above the peak capacity figure throughout 2018; the reason the peak capacity figure was breached; and if he will make a statement on the matter. [54235/18]

Written Answers — Department of Employment Affairs and Social Protection: Legislative Measures (15 Jan 2019)

Jim O'Callaghan: 1057. To ask the Minister for Employment Affairs and Social Protection when she plans to commence Part 9 of the Children and Families Relationships Act 2015; and if she will make a statement on the matter. [54225/18]

Saincheisteanna Tráthúla - Topical Issue Debate: International Conventions (16 Jan 2019)

Jim O'Callaghan: The sexual abuse and exploitation of children is one of the most serious and pernicious problems that any society faces. Unfortunately, with the development of the Internet, that problem is being further aggravated. We are now aware there is a serious problem with the Internet being used by criminals for the purpose of the sexual abuse and exploitation of children. The Topical Issue matter...

Saincheisteanna Tráthúla - Topical Issue Debate: International Conventions (16 Jan 2019)

Jim O'Callaghan: I cannot accept that. The Budapest convention was signed 17 years ago and the Minister has said that much work has been done on it. He cannot, however, give a date as to when Ireland is going to ratify the convention. We are aware that certain steps have been made in respect of it and that it has been partly implemented in domestic law, but that is still not an answer to the plea made by...

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 (16 Jan 2019)

Jim O'Callaghan: I thank FLAC and the Bar Council for attending and for their helpful submissions, which I have read and which the committee will find helpful when we are producing a report. It is important to note that it is an infrequent occurrence for people to go before the courts or seek justice. Generally, people only do that once or twice in their lives. Some people are lucky and never have to do...

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 (16 Jan 2019)

Jim O'Callaghan: In terms of the latter delay where it is after a hearing has concluded, a judge in that case will have other factors or issues that he or she must deal with. In terms of the delay, what resources does a judge have in such a case to write his judgment? By comparison, this committee holds hearings every Wednesday morning and produces six or seven reports a year. Obviously, there are the...

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 (16 Jan 2019)

Jim O'Callaghan: I refer to High Court judges. It is not a problem in the Circuit or District Courts, is it?

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 (16 Jan 2019)

Jim O'Callaghan: After hearing.

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 (16 Jan 2019)

Jim O'Callaghan: In terms of resources, is it correct that the way to cut down on delay is to ensure that the courts are more properly resourced-----

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 (16 Jan 2019)

Jim O'Callaghan: -----and to have more High Court judges appointed so that people can get their cases heard promptly? Is the first type of delay, the delay of not getting one's case on, ultimately the fault not of the judge but of the State resourcing?

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 (16 Jan 2019)

Jim O'Callaghan: In terms of the proposal that the Bar Council made, have Ms Barry or Ms Lucey of FLAC the same concerns about the legislation as proposed in the general scheme of the Bill? Do they have a preference for it to be dealt with in the Circuit Court, is having an assessor the correct way to deal with it or have they an open mind on it?

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 (16 Jan 2019)

Jim O'Callaghan: I suppose there were attempts to do that with the establishment of PIAB, one of the statutory bodies FLAC referred to, but lawyers are not excluded from that. It is a matter for an individual. What we are talking about here is an individual trying to have his or her convention rights vindicated. It is an assessment of whether or not that individual's rights have been breached by the State....

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 (16 Jan 2019)

Jim O'Callaghan: One of these bodies made the point about an appeal where the scheme allows for there to be an appeal by an applicant against any award but the Minister seems to have a broader right of appeal. Was that point made in one of their submissions?

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 (16 Jan 2019)

Jim O'Callaghan: Can Mr. Dignam elaborate on that?

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 (16 Jan 2019)

Jim O'Callaghan: Ms Lucey mentions in FLAC's submission the quasi-judicial bodies, such as the WRC, the RTB and PIAB. What percentage of those coming into FLAC would have issues concerning their rights which relate to quasi-judicial bodies that would be determining it? Would there be many?

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 (16 Jan 2019)

Jim O'Callaghan: It happening again.

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 (16 Jan 2019)

Jim O'Callaghan: Is Ms Lucey aware whether a case has ever been taken against the State because of the delay of the social welfare appeals tribunal?

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 (16 Jan 2019)

Jim O'Callaghan: Therefore, there is a delay that starts from the time a person wants to invoke his or her right to challenge what he or she says is the injustice up and until the determination.

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 (16 Jan 2019)

Jim O'Callaghan: As has been emphasised, part of the delay precedes what we are talking about, but it is just as significant.

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 (16 Jan 2019)

Jim O'Callaghan: I want to ask Mr. O'Higgins and Mr. Dignam two questions. How many claims of a general delay are made against the State each year? Is it a common occurrence each year?

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