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Dáil Éireann díospóireacht -
Thursday, 25 Feb 1993

Vol. 426 No. 7

Written Answers. - European Court of Human Rights Judgment.

Martin Cullen

Ceist:

68 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs if he will give details of the financial liability incurred by the State arising from a decision of the European Court of Human Rights (details supplied), if this liability includes a sum for accrued interest or legal costs; and if so, the amount; if tax is to be deducted; if so provide details of this; when he expects payment will be made; and if he will make a statement on the matter.

In November 1991 the European Court of Human Rights in Strasbourg found that Ireland was in breach of the European Convention on Human Rights in the case referred to by the Deputy. In a further judgment awarding just satisfaction to the applicants under Article 50 of the Convention which was delivered on 1 February 1993, the court made an award of £1,362,655.11.

The award is made up of £1,200,000 to the second corporate applicant and to the individual applicant jointly in respect of pecuniary damages, £50,000 to the individual applicant in respect of non-pecuniary damages, £42,655.11 for domestic costs and expenses and £70,000, together with any value-added tax that might be due, for the costs and expenses of the Strasbourg proceedings.

The sum of £1,200,000 in respect of pecuniary damages includes interest since July 1992 at the rates applicable to Irish court proceedings. The State has three months from the date of the judgment in which to pay the amount awarded by the European Court of Human Rights. Any tax liability that might arise out of the court's award would be a matter for the Revenue Commissioners.
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