Under section 5, the High Court or Supreme Court, where no other legal remedy is adequate, may make a declaration that an item of legislation is incompatible with the European Convention on Human Rights, but the litigant can obtain no other legal redress and the legislation remains in force. The Taoiseach must then draw the making of the order to the attention of both Houses of the Oireachtas and the litigant may apply to the Attorney General for compensation. However, the Government is under no obligation to pay such compensation, although it may or may not make an ex gratia payment. The Government may appoint someone to advise it as to the amount of such compensation, if any, and may in its' discretion make a payment of the amount aforesaid, or of such other amount as it considers appropriate in the circumstances.