Vol. 472 No. 5
87 Mr. S. Brennan asked the Minister for Transport, Energy and Communications the number of legal actions pending against him or his Department following the events (details supplied) of 1995; whether the legal action against RTÉ has been settled; if so, the amount of the settlement; and if the costs of the actions will be borne by the State. [23623/96]
There are three separate legal actions pending against my predecessor as Minister for Transport, Energy and Communications, resulting from the changes at board level in Coras Iompair Éireann in 1995.
Legal proceedings are pending in two cases involving Deputy Lowry, in a personal capacity.
On the question of the legal action by Deputy Lowry against RTÉ, the Deputy will appreciate that I cannot comment on any actions initiated by Deputy Lowry in a personal capacity.
As regards the question of legal costs, there is a long standing practice that, 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 Deputy Lowry in a personal capacity will not be incurred by the Exchequer. However, where the circumstances of the case related to the performance of his functions while he was a Minister, he is entitled to seek recoupment of his reasonable costs.
