Vol. 255 No. 9
asked the Minister for Justice if he will state, in respect of malicious damage claims which must be borne by local residents, whether any change in existing legislation is contemplated to establish a more equitable system than that at present in operation.
46.
asked the Minister for Justice if it is proposed to take steps to amend the present legislation relating to malicious damage claims as this often results in the placing of considerable burdens on local rate-payers.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 45 and 46 together.
I hope to be in a position in the next session to introduce legislation to amend and consolidate the law relating to compensation for malicious damage to property. The proposed legislation will not relieve local authorities of liability but it will provide for a number of changes which will reduce the cost to local authorities of malicious injuries proceedings.
Is the Minister aware of the grave concern in North Tipperary arising from a very serious malicious damage claim which has been lodged against the council by Mogul Mines for a figure in excess of £1½ million and will he ensure that the figure, when analysed, will not include consequential loss, that it will only include damage, as the figure quoted in one of the papers for damage is not too serious but the figure for consequential loss is a very serious matter? Will he further ensure that this will be an Exchequer payment?
The awarding of damages in an application for malicious injury is entirely a matter for the courts. It is not a matter for me to ensure things one way or the other. My understanding of the law relating to malicious injury applications is that consequential loss is not allowable, that only the cost of damage actually done is recoverable.
The Minister stated that the amending legislation would still leave the major proportion of the burden of costs on the local authority. In view of the fact that there may be an increase—it has been stated—in the incidence of such malicious damage as occurred in Tipperary, does the Minister think it fair that this burden should remain on different areas of the country, that they should still bear the cost and not the Exchequer?
The proposed legislation will not relieve local authorities of the liability but it will provide a number of changes which will reduce the cost to the local authorities. I cannot obviously disclose or discuss the contents of the Bill until it has been circulated.
The unhappy part is that this will still remain a burden on the residents of areas where this occurs.
That has been the position and that situation is being looked at but the proposed legislation will not in general relieve local authorities of liability. Beyond that I could not go.
What caused this malicious damage?
That is a separate question.
