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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?

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 regard to the scheme, is it intended or do we know whether the assessor will adjudicate on these cases in public or private?

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: To answer the question raised by Deputy Wallace, one of the benefits, from the Government's point of view, of establishing an assessor system and a separate office, if the matter is to be dealt with in private, is that it will not be exposed to the embarrassment of significant delays being exposed in public in the Circuit Court. The delegates do not have to comment on the matter. I...

Rural Crime: Motion [Private Members] (15 Jan 2019)

Jim O'Callaghan: We have 20 minutes and I will be sharing my time with seven of my colleagues. The reason we have 20 minutes is because the Fianna Fáil Whip's office was inundated with Deputies from my party who wanted to speak on this motion. These are Deputies who want to speak in a measured and factual way, to quote the Minister's language. The reason they want to speak is because rural crime is...

Rural Crime: Motion [Private Members] (15 Jan 2019)

Jim O'Callaghan: The Deputy is not embarrassing me.

Rural Crime: Motion [Private Members] (15 Jan 2019)

Jim O'Callaghan: I am not offended.

Written Answers — Department of Finance: NAMA Social Housing Provision (15 Jan 2019)

Jim O'Callaghan: 175. To ask the Minister for Finance if a site (details supplied) in Dublin 8 can be used for the construction by NAMA of a significant amount of social and affordable housing; and if he will make a statement on the matter. [54234/18]

Written Answers — Department of Justice and Equality: Data Protection Commissioner (15 Jan 2019)

Jim O'Callaghan: 415. To ask the Tánaiste and Minister for Justice and Equality if he has received requests for additional staff or extra resources from the Data Protection Commission; his pans to review the adequacy of the staffing levels and resources at the Commission, particularly in view of a recent announcement by a company (details supplied); and if he will make a statement on the matter. [54224/18]

Written Answers — Department of Justice and Equality: Garda Reserve (15 Jan 2019)

Jim O'Callaghan: 416. To ask the Tánaiste and Minister for Justice and Equality when applicants for the Garda reserves that applied in April 2017 will be called to complete their full training; and if he will make a statement on the matter. [54226/18]

Written Answers — Department of Justice and Equality: Garda Recruitment (15 Jan 2019)

Jim O'Callaghan: 417. To ask the Tánaiste and Minister for Justice and Equality his plans to alter the age requirement for trainee members of An Garda Síochána. [54227/18]

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