Revised General Scheme of a European Convention on Human Rights (Delay in Court Proceedings) Bill 2021

In July 2021, the government agreed to publish the revised General Scheme of the European Convention on Human Rights (Delay in Court Proceedings) Bill and to approve its drafting on a priority basis.

The aim of the General Scheme is to provide for an effective remedy for delay in litigation where it amounts to a breach of Article 6 of the European Convention on Human Rights.

As well as Article 6, the European Court also found Ireland to be in breach of Article 13 of the Convention which relates to effective remedies.

Ireland is obliged to abide by the judgment and is proposing a new statutory compensation mechanism for delays in civil and criminal trials to meet the requirements of Article 13 of the Convention.