asked the Minister for Justice whether, if malicious damage is done to an unauthorised structure, the owner of such a structure has any claim in law against the local authority.
Ceisteanna—Questions. Oral Answers. - Malicious Damage Claims.
63.
The law relating to compensation for malicious injuries to property is contained in a series of enactments commonly referred to as the criminal injuries code. It would not be appropriate for me as Minister for Justice to express an opinion as to the application of this code to particular circumstances.
However, I propose to make specific provision in the forthcoming Criminal Injuries Bill to the effect that compensation will not be payable in respect of malicious damage to an unauthorised structure within the meaning of the Local Government (Planning and Development) Act, 1963.
Are we to take it then that any malicious damage caused to an unauthorised structure at present must be paid for by the local authority?
That is a matter for the court in any particular instance to decide. What I am telling the House is that under a Bill which I propose to bring in fairly soon, a new Criminal Injuries Bill, it will be specifically provided that no such claim will lie for damage to an unauthorised structure.