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Dáil Éireann debate -
Thursday, 7 Jul 1983

Vol. 344 No. 9

Written Answers. - Amendment of Malicious Injuries Act.

29.

Mr. Leonard

asked the Minister for Justice if he will amend the Malicious Injuries Act to provide for the payment from Central Funds for the legal and other expenses incurred by local authorities in processing claims.

Limerick East): The whole question of financial responsibility in respect of compensation for malicious injuries as between local authorities and the Exchequer was considered by the Oireachtas as recently as 1981 in the context of proceedings on the Bill for the Malicious Injuries Act, 1981.

Section 20 of that Act — a new provision — gave statutory effect to an arrangement whereby the Exchequer recoups to local authorities the amount in excess of the produce of a rate of 20p in the pound in any year. Moreover, subsection (2) of that section enables the Minister for Finance, after consultation with the Minister for the Environment, to vary that rate by order.

I do not consider that it would be for me to initiate any proposals to change the law in relation to the distribution of financial liability as between the Exchequer and local authorities especially when, as I have explained, changes in either direction can be made by the relevant Ministers, if thought desirable, without any change in the law. I am aware that the Minister for the Environment, in reply to a recent Dáil question, said that he is keeping the position under review.

Question No. 30 postponed.

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