Willie O'Dea (Limerick East, Fianna Fail)

Indeed. As matters stand, when the Bill becomes law, if the State or any public body is found to be acting in a way which is in breach of the convention, the person concerned will be able to receive damages, not ex gratia but as of right, provided the action in respect of which he or she is getting damages also involves a breach of the Constitution. It is only where the Constitution has not been infringed that he or she will have to take the ex gratia route. Let me explain. The ex gratia route does not mean that a person will not be entitled to an award or will not get damages. Of course, he or she will but it has to be done this way because there is no provision in Irish law which enables a court to grant damages for something which is not in breach of the Constitution. As that is the reality, we are doing it this way. One will not have to go to court to receive this ex gratia award or to Strasbourg to determine quantum. It will simply be a matter of applying. The Attorney General and his staff will work out a formula to calculate damages. While I hope there will not be too many breaches, no doubt, unfortunately, there will be some. A set of precedents will be established and people will have a very good general idea of where they are going.