Charlie Flanagan proposes State compensation for court case delays

Hundreds of people who have suffered significant court case delays could be compensated by the State under EU laws set to be implemented in Ireland.

The move was agreed by Cabinet under plans put forward by Justice Minister Charlie Flanagan in an attempt to address a growing court case backlog.

During a meeting which also heard that existing rules under mental health laws may be “unconstitutional” and about the fallout from the cancelled visit of US president Donald Trump, Cabinet was told there is a vital need to address significant court delays.

Putting forward the European Convention on Human Rights (Compensation for Delays in Court Proceedings) Bill, Mr Flanagan said there is an urgent need to tackle an ongoing problem in the system.

Noting that EU officials have told Ireland the country is in breach of human rights laws and must find a “remedy for delays in court proceedings”, Mr Flanagan said the issue must be immediately addressed.

Under the planned new law, when a court case is delayed by a number of months, an independent assessor will be appointed to examine the reasons for what happened and whether compensation is required.

The non-court-based solution to the backlogs and delays is designed to prevent any further scheduling problems, with a spokesperson saying it “will reduce costs for the State”.

In addition, it is claimed the “assessor model will avoid undue formality in the application process and be a more efficient and accessible option for complainants”.

The court delays move came during a Cabinet meeting which also heard about plans for emergency legislation to address concerns that existing rules under the Mental Health Act 2001 may be unconstitutional as they can force a person to remain in a psychiatric hospital against their will.

In a briefing note from junior minister for mental health Jim Daly, Cabinet was told the existing act allows for the involuntary detention of patients for up to six and 12 months depending on the circumstances, regardless of whether they wish to leave.

It was noted the existing rules are potentially “unconstitutional” as they breach a voluntary inpatient’s human rights, and that there is an urgent need for the Government to address the matter.

Yesterday’s Cabinet meeting was also told that while US president Donald Trump’s trip to Ireland via France in November is now off, it is unclear if it will be put back on the schedule in the coming weeks.

It is understood both Taoiseach Leo Varadkar and Tánaiste Simon Coveney are still open to the possibility of the trip being organised again, with a spokesperson for Mr Varadkar saying the Government is awaiting “final confirmation” on the matter.

The Cabinet was also given an update on exchequer figures by Finance Minister Paschal Donohoe.