Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
Senator Norris referred to the practical rather than theoretical problems. He raised the practical matters of the delay in court judgments and the lack of an obligation on courts to provide reasons for their decisions. I have outlined the Minister's position as it relates to the delay in judgments. He is satisfied the legislative arrangements which have been put in place and will be implemented through statutory instruments will address the matter. The strict common law position is that a judge of a superior court is not obliged to give reasons for his or her decisions. It seems extraordinary but the judge is obliged to give a judgment and make an order while not necessarily explaining the reasons he or she does so. This has been the traditional common law position. I am not aware that the issue has been visited—
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