Court Proceedings (Delays) Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Court Proceedings (Delays) Act 2024.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. (1) In this Act—

“Act of 2015” means the Legal Services Regulation Act 2015;

“Act of 2018” means the Data Protection Act 2018;

“applicant”, other than in the definition of “party” and Part 5, means a person who makes an assessment application in accordance with section 12 and, where the context so admits, includes an authorised person;

“assessment” means an assessment made under section 17;

“assessment application” shall be construed in accordance with section 12;

“Assessor” has the meaning assigned to it by section 5;

“authorisation” means, in relation to an applicant, an authorisation issued under section 20;

“authorised person” has the meaning assigned to it by section 31(4);

“Chief Assessor” has the meaning assigned to it by section 5;

“Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950, as amended by—

(a) Protocol No. 11 done at Strasbourg on the 11th day of May 1994,

(b) Protocol No. 14 done at Strasbourg on the 13th day of May 2004, and

(c) Protocol No. 15 done at Strasbourg on the 24th day of June 2013;

“criminal proceedings” means proceedings against a person for an offence and includes any appeal proceedings related to the offence;

“data controller” has the meaning it has in the General Data Protection Regulation;

“declaration” means a declaration made by an Assessor under section 17(4) or the Circuit Court under section 24(6)(a), as the case may be, that a person’s right under section 11(1) has or has not been breached;

“document” includes—

(a) a book, record or other written or printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording;

“European Court of Human Rights” means the European Court of Human Rights established under Article 19 of the Convention;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^1] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“Minister” means the Minister for Justice;

“party” means, in relation to proceedings—

(a) in the case of criminal proceedings, the defendant against whom proceedings for the offence concerned were instituted, and

(b) in the case of any other proceedings, the plaintiff, defendant, applicant or respondent, as the case may be, in those proceedings;

“personal data” has the meaning it has in the General Data Protection Regulation;

“practising barrister” has the meaning it has in section 2(1) of the Act of 2015;

“practising solicitor” has the meaning it has in section 2(1) of the Act of 2015;

“proceedings” includes any cause, action, suit, matter, appeal or application in or to any court, and includes criminal proceedings;

“processing” has the meaning it has in the General Data Protection Regulation;

“public body” means—

(a) a Minister of the Government,

(b) a local authority, or

(c) a body (other than a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) established by or under any enactment;

“relevant authority” means a body (other than the President or the Oireachtas or either House of the Oireachtas or a Committee of either such House or a Joint Committee of both such Houses) which is established by law or through which any of the legislative, executive or judicial powers of the State are exercised;

“relevant proceedings” means, in relation to an assessment application or an application under section 24, as the case may be, proceedings to which section 11 applies in respect of which a breach of the right under section 11(1) is asserted;

“right under section 11(1)” means the right referred to in section 11(1);

“special categories of personal data” has the meaning it has in the Act of 2018.

(2) In this Act, a reference to the conclusion of proceedings is a reference to proceedings having ended or having been ended, including where the period for appealing a decision or determination in those proceedings has expired without any such appeal having been made.

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Where a provision of this Act requires or authorises the Minister to make regulations, such regulations—

(a) may make different provision for different circumstances or cases, classes or types, and

(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Appointment of Chief Assessor and Assessors

5. Appointment of Chief Assessor and Assessors

5. (1) The Minister shall appoint—

(a) a person (in this Act referred to as the “Chief Assessor”) to be the Chief Court Delays Assessor, and

(b) such and so many persons (each of whom in this Act shall be referred to as an “Assessor”) as the Minister considers appropriate to be Court Delays Assessors.

(2) The Chief Assessor shall, on the date of his or her appointment, be—

(a) a retired judge of the District Court, the Circuit Court, the High Court, the Court of Appeal or the Supreme Court, or

(b) a practising barrister or practising solicitor of not less than 10 years’ standing.

(3) Each Assessor, other than the Chief Assessor, shall, on the date of his or her appointment, be—

(a) a retired judge of the District Court, the Circuit Court, the High Court, the Court of Appeal or the Supreme Court, or

(b) a practising barrister or practising solicitor of not less than 5 years’ standing.

(4) Subject to this Act, an Assessor appointed under this Act shall be independent in the performance of his or her functions.

(5) A reference in this Act to an Assessor includes a reference to the Chief Assessor.

6. Term of appointment of Assessors

6. (1) Subject to this Act, an Assessor shall hold office for 5 years from the date of his or her appointment.

(2) An Assessor whose term of office expires by the effluxion of time shall be eligible for reappointment as an Assessor.

(3) The Chief Assessor and each Assessor shall be paid such remuneration (if any) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(4) The Chief Assessor and each Assessor shall be subject to such terms and conditions and be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

7. Resignation, removal, disqualification, ineligibility for office of Assessor

7. (1) An Assessor may at any time resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on such date as may be specified in the notice.

(2) The Minister may at any time remove an Assessor from office for stated reasons if the Minister is satisfied that the Assessor—

(a) has become incapable through ill-health of performing his or her functions,

(b) has committed stated misbehaviour, or

(c) is otherwise unfit to hold office or unable to discharge the functions of the office.

(3) An Assessor shall cease to be qualified for office as an Assessor and shall cease to hold such office if—

(a) he or she is convicted on indictment of an offence,

(b) he or she is convicted of an offence involving fraud or dishonesty,

(c) he or she is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) in the case of a person who was, at the date of his or her appointment as an Assessor, a practising barrister, his or her name is removed from the roll of practising barristers (within the meaning of section 2(1) of the Act of 2015), or

(e) in the case of a person who was, at the date of his or her appointment as an Assessor, a practising solicitor, his or her name is struck off the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954).

(4) Where an Assessor is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament,

(d) elected or co-opted as a member of a local authority, or

(e) appointed to be a judge,

he or she shall thereupon cease to hold office as an Assessor.

(5) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled or is such a member, as the case may be, be disqualified for office as an Assessor.

(6) (a) Where an Assessor dies, resigns, ceases to be qualified for office, ceases to hold office or is removed from office, the Minister may appoint, in the same manner as the Assessor who occasioned the casual vacancy was appointed, a person to be an Assessor to fill the casual vacancy so occasioned.

(b) A person appointed to be an Assessor pursuant to paragraph (a) shall hold office for that period of the term of office of the Assessor who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as an Assessor on the expiry of the said period.

8. Liability of Assessors

8. An Assessor shall not be liable in damages in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under this Act, unless the act or omission concerned was done in bad faith.

9. Designated officers

9. (1) The Minister may designate such and so many of his or her officers as he or she considers necessary for the purposes of assisting Assessors in the performance of their functions.

(2) The officers designated under subsection (1) shall perform their functions under the direction and control of the Chief Assessor.

10. Functions of Chief Assessor

10. (1) The Chief Assessor shall have all such powers as are necessary or expedient to enable the performance by—

(a) him or her of his or her functions, including his or her functions as an Assessor, and

(b) another Assessor, of his or her functions.

(2) Subject to subsection (5), the Chief Assessor shall, not later than 31 March in each year and after consulting with each Assessor to whom an assessment application was assigned under section 13(1) during the immediately preceding year, submit to the Minister a report in writing of the activities of the Assessors during the immediately preceding year.

(3) A report referred to in subsection (2) shall include information on the performance of the functions of the Chief Assessor and Assessors during the period to which it relates and such other information, and be in such form, as the Chief Assessor considers appropriate.

(4) An Assessor shall provide such information on his or her activities as the Chief Assessor may, for the purpose of discharging his or her functions under this section, require.

(5) If, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 3 months after the end of that year.

(6) The Minister shall cause a report submitted to him or her in accordance with this section to be published on a website maintained by or on behalf of the Minister as soon as practicable after the report is so submitted.

(7) Without prejudice to the generality of subsection (1) and subject to subsection (8), the Chief Assessor may from time to time convene a meeting with an Assessor or Assessors for the purpose of discussing matters relating to the making of assessments by the Assessor or Assessors, including, in particular, the avoidance of undue divergences in the making of assessments.

(8) Where at least one Assessor, other than the Chief Assessor, stands appointed, the Chief Assessor shall convene a meeting of the Assessors at least once a year for the purpose of reviewing the making of assessments by Assessors and for any other purpose the Chief Assessor considers relevant.

PART 3 Right to Conclusion of Proceedings within Reasonable Time

11. Right to conclusion of proceedings within reasonable time

11. (1) A person who is or was a party to proceedings to which this section applies has the right to the conclusion of those proceedings within a reasonable time.

(2) This section applies to proceedings that—

(a) were—

(i) concluded in the period of 6 months prior to the date of coming into operation of this subsection, or

(ii) initiated before the date of coming into operation of this subsection that have not by that date been concluded,

or

(b) are initiated on or after the date of the coming into operation of this subsection.

(3) A person whose right under subsection (1) has been breached shall be entitled, in accordance with this Act, to—

(a) a declaration under section 17(4)(a) or section 24(6)(a)(i) that there has been a breach of that right, and

(b) where section 17(5)(b) or section 24(6)(b)(ii) applies, the payment to him or her of compensation for that breach.

(4) In determining for the purposes of this Act whether the right under subsection (1) of a person has been breached, due account shall be taken by the Assessor or the Circuit Court, as the case may be, of the following matters:

(a) in relation to the proceedings concerned—

(i) their complexity and duration,

(ii) the duration of the delay in their conclusion asserted by the person,

(iii) the issues at stake for each of the parties and the likely effect on the parties of a delay in the conclusion of the proceedings, and

(iv) the conduct of—

(I) the person,

(II) the other party or parties to the proceedings, and

(III) any other person under an obligation to perform a function in relation to those proceedings;

(b) the steps (if any) taken by the person to avail of such means or mechanisms as were or are available to him or her to facilitate the conclusion of the proceedings within a reasonable time;

(c) the principles laid down in respect of a breach of the right to the conclusion of proceedings within a reasonable time—

(i) in any declaration, decision, advisory opinion or judgment of the European Court of Human Rights, and

(ii) in any decision of the High Court, Court of Appeal or Supreme Court;

(d) such other information relevant to the proceedings and their conclusion that the Assessor or the Circuit Court, as the case may be, considers appropriate.

PART 4 Assessment, Acceptance of Assessment, Authorisations, etc.

12. Assessment application for breach of right to conclusion of proceedings within reasonable time

12. (1) Subject to section 15(7), a person who considers that his or her right under section 11(1) has been breached may, in accordance with this Part, make an application (in this Act referred to as an “assessment application”) to the Chief Assessor for—

(a) an assessment of whether the person’s right under section 11(1) has been so breached,

(b) a declaration under section 17(4)(a) that there has been a breach of the person’s right under section 11(1), and

(c) where applicable, compensation in accordance with this Part.

(2) Subject to subsection (3), an assessment application may be made only—

(a) where the relevant proceedings concerned have not been concluded, or

(b) where the relevant proceedings concerned have been concluded, within 6 months of the date of conclusion of those proceedings.

(3) Where the relevant proceedings concerned were concluded in the period of 6 months prior to the date of coming into operation of this subsection, an assessment application in respect of those proceedings may be made not later than 6 months after the date of the coming into operation of this subsection.

(4) An assessment application shall—

(a) be in such form,

(b) contain such information, and

(c) be accompanied by—

(i) such documents, and

(ii) such fee, if any,

as the Minister may determine.

(5) The Minister shall arrange for the following to be made available electronically on a website maintained by or on behalf of the Minister:

(a) the assessment application form referred to in subsection (4)(a);

(b) a statement of—

(i) the information referred to in subsection (4)(b),

(ii) the documents referred to in subsection (4)(c)(i), and

(iii) the fee referred to in subsection (4)(c)(ii).