Brian Lenihan Jnr (Dublin West, Fianna Fail)

The cases involved in proceedings of this character will involve serious matters for all parties concerned, including the State. It is in the public interest that the exposure of the State to potentially large awards and damages should be reasonably short, commensurate with the rights of the individual. For the sake of comparison, if a person wishes to invoke the right of individual petition under the convention and take proceedings in Strasbourg, the time limit is six months.

That said, it is important to realise the context in which this limitation is imposed. It is one in which a contravention of the convention must be established. In all probability, the establishment of that contravention through judicial proceedings will have already taken a substantial period of time, so that in a sense the one year limit comes into effect at that stage.

In section 3(5)(b), there is a provision where the court can extend the period if it considers it is appropriate to do so in the interests of justice. The one year is not an absolute limit, as the Senator is no doubt aware. Generally statutes of limitation provide for an absolute limit. There is a very limited category of exceptions to that, generally based on ignorance of matters, disability or minority, as in lack of full age. In this case, while the limit is one year, the period may be extended by order of the court if it considers it appropriate in the interests of justice. In the context of limitation periods that is a very broad discretion to give to a court. If the court believes that justice requires it, the relevant period may be extended.

Question put and agreed to.

SECTION 4.