A LAW PASSED two years ago, which allows people to seek compensation where court cases are not concluded within a reasonable time, has not yet been commenced by government, The Journal can reveal. 

The Court Proceedings (Delays) Bill 2024 was legislated for after the State found itself in hot water in Europe over delays to court trials.

The government under pressure, moved quickly to enact the legislation, which allows compensation in cases where people experience undue delays in the justice system.

Some defendants and plaintiffs in serious criminal cases have waited around 27 months for a hearing date in recent years.

The delay in court proceedings in Ireland has come under the spotlight again recently with a Law Society report revealing that Irish courts are the slowest in the EU at hearing and deciding cases. 

When asked how many people had sought compensation for delayed trials under the new law, the Department of Justice confirmed the government has not commenced the legislation. 

In a statement from a department spokesperson, they said the legislation provides parties with a right to conclusion of proceedings within a reasonable time and for the establishment of an independent assessment process, to assess claims for breach of that right.

Where appropriate, an award of compensation can be made.

However, despite it being expected that the legislation would take effect last year, the spokesperson told The Journal that arrangements are still underway to operationalise the requirements of the Act.

The said such arrangements are currently being finalised and the recruitment process for personnel necessary to give effect to the Act has begun.

‘No urgency’ from government

Sinn Féin’s Justice spokesperson Matt Carthy said the fact that the Court Proceedings (Delays) Act hasn’t even been commenced “speaks volumes to the lack of urgency government have shown to address court delays”. 

He told The Journal that he recently met with the Law Society to discuss their Justice Indicators review which found that the average case disposal time of 541 days in 2020 was more than three times the European average.

“While court delays obviously impact on plaintiffs, what I have become acutely aware of is the impact that court delays have on victims of crime. Criminal proceedings and in particular sexual violence cases take far too long. This adds to the trauma of victims and survivors and impacts on their ability to try to rebuild their lives,” he said. 

“The level of delays in the Irish courts is unacceptable. There are issues in terms of court culture, long judicial holidays, short sittings days and the number of adjournments that need to be addressed. We also need to ensure that the courts are properly resourced and staffed,” added Carthy. 

Plans to appoint 20 more judges

Asked about the delays Ireland is experiencing when it comes to the justice system, Justice Minister Jim O’Callaghan said the government has appointed more judges to the bench, but added that he plans to appoint 20 more by the end of this year to reduce the court backlog and speed up cases going to trial. 

The minister said that the Law Society’s review into the delays in trials was a “valuable contribution” to public policy, stating that the government wants to speed up the process of adjudication for cases both criminal and civil cases.

The more resources put into the justice system, the faster the system will get, he added. 

“When we appoint more judges and we put in place more efficient systems, we’ll see the system operating faster,” said O’Callaghan. 

The Department of Justice said in its statement that there are some limitations in comparing Ireland against the averages of EU when it comes to trial timelines, but said the government is committed to ensuring Ireland has a modern and efficient court system. 

It went on to state that the Courts Service is progressing an ambitious 10-year modernisation programme, which includes efficiency related projects such as the roll-out of video-link and technologically enabled courtrooms, data sharing and a new online jury system to remove significant paper handling activities. 

The department said the general scheme of the Civil Reform Bill, published in January 2026, cites specific reforms aimed at positively impacting efficiency in the courts.