The level of work being handled by the European Court of Human Rights is not sustainable in the long term, says Mr Justice John Hedigan, the court's Irish judge. By the end of 1999 there were 12,635 cases before the court. By September this had reached 15,107.
In order to meet the challenge, the court had increased its output from 308 cases per month decided in 1999 to 600 per month by August 2000. Applications per month are now averaging 855.
"In consequence it is clear that the greatest contribution that any member state can make to the defence of human rights would be to deal with as many, if not all, convention-type applications in the national courts so as to minimise the number of cases going to Strasbourg."
However, it was also necessary that the level of funding to the court be increased. It was increased by only 5 per cent for 2000, and no increase is envisaged for 2001.
During the panel discussion a questioner asked whether delays as long as six years in deciding cases in Strasbourg was not in itself a denial of human rights. Mr Justice Adrian Hardiman of the Supreme Court said: "They certainly are. They are far worse than they ever were in the Supreme Court."
He stressed that the European Court and the national supreme courts should treat each other with mutual respect. "Good fences make good neighbours."
Prof Alan Miller of Human Rights Law consultancy in Scotland warned lawyers against "kite-flying" with the convention when it became law. Of more than 800 challenges in Scotland, only 20 had been successful.
Kite-flying could set back the development of human rights law, he said. Lawyers should become advocates not only for their clients but for human rights in their broadest sense.