Euro court finds against Govt in trial delay case

The Government failed to uphold the rights of a couple involved in litigation through the Irish legal system, the European Court…

The Government failed to uphold the rights of a couple involved in litigation through the Irish legal system, the European Court of Human Rights (ECHR) found today.

The Strasbourg court found the Government responsible for the unreasonable delay in a civil case before the Courts and according to the Irish Council for Civil Liberties (ICCL), "found the applicants had no adequate remedies - constitutional or otherwise - to seek redress".

The case was taken by Mr Terence and Mrs Maureen Doran from Co Wicklow who were involved in a dispute over a land purchase. They instituted High Court proceedings in 1991 but a final ruling after appeal was not made until 1999.

During the passage of the case through the courts Mrs Doran became ill and claimed the anxiety caused by the excessive delay in processing the case, contributed to her clinical depression.

READ MORE

This afternoon the ECHR rejected the Government's contention that the matter was between two parties and it therefore had no role to play. It also ruled the Government - members of which had been lobbied on several occasions over the issue - was responsible for ensuring the court system processed applications in a reasonable time frame.

It also ruled the Consitution did not provide for a speedy redress to the Dorans' claim against the Government for the delay in the case and awarded €26,000 damages in total.

Ms Aisling Reidy, director of the ICCL, said the judgment "highlights the fundamental flaws" in the forthcoming European Convention on Human Rights Act.

"The judgment re-affirms what has always been the case, that the Courts are subject to the ECHR, and that individuals have a right to a remedy where their rights before the Courts are violated. The Minister [for Justice, Mr McDowell] deliberately failed to address this problem in European Convention on Human Rights Act," Ms Reidy said today.

She said today's ruling illustrates that Constitution is inadequate for providing the range of rights required by the European Convention on Human Rights to which Ireland is a signatory.