Court delays compensation bill clears Oireachtas

The Court Proceedings (Delays) Bill creates creates a statutory right to the conclusion of court proceedings within a reasonable time. It provides for a declaration and, where appropriate, compensation in cases where people experience undue delays in the justice system.

It provides for the establishment of an independent assessment process, under the aegis of the Department of Justice, to assess claims for breach of the right to the conclusion of proceedings within a reasonable time.

James Browne, the minister of state with responsibility for law reform and youth justice, said: “The model provided for in the bill facilitates the fair and objective assessment of whether an individual’s right to the conclusion of proceedings within reasonable time has been breached and, where it has, whether compensation is appropriate.

“The model provides for a declaration and, where appropriate, compensation more quickly and less expensively than court litigation.

“Recourse to the courts remains available under the model. However, both the considerations in regard to the claim and the awarding of compensation have been standardised, this will streamline the way in which delay cases are currently dealt with and will reduce the administrative costs and legal fees associated with the current system.”

The bill provides a statutory basis to both the constitutional right to trial with reasonable expedition and the right contained in Article 6.1 of the European Convention of Human Rights (ECHR) and follows the judgment of the European Court of Human Rights in McFarlane v Ireland (2010).

The scheme is expected to become operational in 2025.