Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

Litigants may find themselves with no other option but to go to Strasbourg and the Human Rights Commission should be in a position to help them to do so. The commission has recommended that the Minister for Justice, Equality and Law Reform should issue a policy directive, under section 7 of the Civil Legal Aid Act 1995, to the effect that applications for legal aid will be considered in suitable cases under the Bill. If a constitutional-type action is necessary under the Human Rights Commission Acts 2000 and 2001, or the Bill before us, it is essential to establish who has the primary responsibility for funding the action. I suggest that the one-year limitation period prescribed by section 3(5) be extended to six years, which is the general limitation period for tort claims and is another recommendation of the Human Rights Commission.

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