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Court Proceedings (Delays) Bill 2023: Second Stage (Resumed) (30 May 2023)

James Lawless: ...any event, the golden thread of the criminal law says this and has done so for many centuries for very good reason. Deputy Connolly mentioned Article 6 of the European Convention on Human Rights, ECHR, which is addressed in this legislation, and the decision that led to this invoked Articles 6 and 13. Our Constitution, of course, as solid and robust as it has proven over the years and as...

Court Proceedings (Delays) Bill 2023: Second Stage (Resumed) (30 May 2023)

Jim O'Callaghan: ...It is also a necessary proposal. The House may be aware that there have been a series of cases against Ireland over the past ten to 15 years that have gone to the European Court of Human Rights, ECHR, and have highlighted what has been referred to as a systemic issue in the Irish legal system that is associated with delay. In the recent Keaney v. Ireland case, there was a concurring...

Court Proceedings (Delays) Bill 2023: Second Stage (Resumed) (30 May 2023)

Catherine Connolly: ...and the OECD report. I acknowledge all of that, but what is difficult for me is the amount of time it has taken to stand up, as has been mentioned by other speakers. McFarlane v. Ireland is the most significant of the long line of judgments. I will come to the judgment, which is dated 10 September, 2010. It has been more than 20 years since the ECHR first established that Ireland was...

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