Dáil Éireann Debate, Thursday - 10 May 2012
131 Deputy Shane Ross asked the Minister for Justice and Equality regarding the case of a company (details supplied) vs Ireland, the mechanism or procedure he intends to implement to have the case re-opened in the Supreme Court; if he or any of his officials intends to meet with the company; and if he will make a statement on the matter. [23574/12]
Amharc ar fhreagra132 Deputy Shane Ross asked the Minister for Justice and Equality regarding the case of a company (details supplied) vs Ireland, the reason Ireland has not appointed a national coordinator as recommended by Rec(2008)2 of 6 February 2008; the action he is taking to erasing the consequences to the company of the breach of the convention; and the action he is taking regarding restitutio in integrum. [23575/12]
Amharc ar fhreagraI propose to take Questions Nos. 131 and 132 together.
The company to which the Deputy refers brought proceedings to the European Court of Human Rights and obtained a ruling against Ireland in September 2011 in respect of its claim regarding a breach of the reasonable time requirement of Article 6(1) of the European Convention on Human Rights. The Court made an award to the plaintiff in respect of its legal costs and expenses in respect of the Convention proceedings which was paid in full. No further action in respect of the individual and company concerned is required from the State and this has been explained to the plaintiff involved. There is no requirement to reopen the case nor could the Minister do so as he is not a party to the case. I should add that the Court rejected other aspects of the complaint as manifestly ill-founded.
The Committee of Ministers of the Council of Europe makes non-binding recommendations designed to assist member states as to the implementation of ECHR judgments but allows a discretion to each member state to bring forward measures in accordance with its own legal systems and procedures. Ireland has not designated a national coordinating body but is cooperating with the Committee in implementing this judgment together with other decisions of the Strasbourg court.
