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Dáil Éireann debate -
Thursday, 27 Oct 1994

Vol. 446 No. 5

Written Answers. - Public Liability Claims.

John Connor

Question:

33 Mr. Connor asked the Minister for the Environment whether his statement, reported in the media on 4 October 1994, criticising people who take legal action against local authorities for road damage took account of the dangerous and neglected state of approximately one quarter of all the roads in the country. [2327/94]

The problems created for local authorities by the ever-increasing costs associated with public liability claims are a legitimate cause of concern. I am concerned, not only with the direct financial costs of paying the higher insurance premia resulting from increasing awards, but also with the resources used up in processing and investigating claims. This combination of increased costs results in a poorer standard of service for the entire community.

I have no difficulty with the legitimate claims of genuine accident victims. However, there is no doubt that attempts are made to defraud local authorities. I include in this category not only those who make claims in respect of accidents which may never have happened but also those who, having had an accident, exaggerate their injuries in an attempt to maximise the potential damages.

It is my duty to speak out about this drain on public funds. It is estimated that local authorities are now faced with claims amounting to £130 million. If only one quarter of these claims were fraudulent or excessive, both the scale of the problem and the urgent need to eliminate the abuse become obvious. Those who seek to fleece local authorities by their selfish actions must be left in no doubt that such behaviour will no longer be tolerated. I am, therefore, strongly encouraging local authorities to continue their efforts to challenge unsustainable claims and to eliminate the causes of claims.

I accept that sections of the road network are in need of improvement and that is why unprecedented levels of funding have been made available in recent years for the improvement of both national and non-national roads. A total of £195 million will be expended on the construction and maintenance of national roads in 1994. In addition, the Exchequer has provided a record £106 million this year for the improvement and maintenance of non-national roads, an increase of £31 million or 41 per cent on 1993.

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