Vol. 458 No. 6
15 Mr. O'Donoghue asked the Minister for Transport, Energy and Communications the financial provision made by the Government to indemnify him against the costs and awards of damages in libel actions pending against him which the High Court may order arising out of allegations made by him concerning surveillance and/or cosy cartels in the semi-State sector; and if he will make a statement on the matter. [15610/95]
37 Mr. E. O'Keeffe asked the Minister for Transport, Energy and Communications if he will confirm that no cost will be incurred to the Exchequer, directly or indirectly, in time or moneys, in relation to his defence and any costs that may be made against him in view of the issue of High Court proceedings against him personally. [15262/95]
I propose to take Questions Nos. 15 and 37 together.
Legal proceedings have issued against me in both my ministerial capacity and my personal capacity.
Where a servant of the public, including a Minister, is sued as a result of acts carried out by him in the exercise of his functions, the State will be prepared, in some cases, to take on the defence of the action.
The cost of any actions taken against me in my personal capacity will not be incurred by the Exchequer. However, where the circumstances of the case relate to the performance of my functions as Minister, I am entitled to seek recoupment of my reasonable costs.
It is not normal practice to make financial provision towards indemnifying public servants, including Ministers, against awards of costs or damages that might be made against them.
Where a Government Minister is involved in legal proceedings which arise through the exercise of his duties, no question of indemnity arises as any judgment given against the Minister would be effectively against the corporate person and thus becomes a State debt to be discharged in due course.
