Minister Browne welcomes passing of Court Proceedings (Delays) Bill 2023 by Oireachtas

The Minister for State with responsibility for Law Reform and Youth Justice, James Browne TD, has welcomed the Court Proceedings (Delays) Bill passing all Stages in the Oireachtas.

The Bill 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.

Welcoming passage of the Bill, Minister Browne 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).

The Bill addresses the European Court of Human Rights judgment in McFarlane v Ireland (2010) and future delays cases.

Focus will now turn to implementation of the scheme which is expected to be operational in 2025.

ENDS

Note to Editors

• Detailed consultation is taking place (in advance of the commencement of the legislation) to deal with practical matters arising, the necessary structures and processes, costs and the establishment of the role of Chief Assessor and other associated roles.

• McFarlane v Ireland 2010

The State alleged that Brendan ‘Bik’ McFarlane was involved in an IRA kidnapping in 1983. He did not go on trial for that alleged crime until 2008.

At the European Court of Human Rights, McFarlane alleged there were unjustified delays to the criminal proceedings brought against him.

He argued that the delay of between 10 and 22 years – depending on the account of the Irish authorities – violated the reasonable time requirement.

The European court found that there had been violations of Article 13 (right to an effective remedy) and Article 6 (right to a fair trial within a reasonable time) of the European Convention on Human Rights. He was awarded €5,500 damages and €10,000 costs and expenses. McFarlane had been acquitted of the charges in 2006.