Gay Mitchell
Question:154 Mr. G. Mitchell asked the Minister for Finance the role of the State Claims Agency; and if he will make a statement on the matter. [8406/04]
View answerTuesday, 23 March 2004
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Written answers
Under the National Treasury Management Agency (Amendment) Act 2000, the management of personal injury and property damage claims against the State and of the underlying risks was delegated to the National Treasury Management Agency. When performing these functions, the NTMA is known as the State Claims Agency.
The Act sets out two objectives for the SCA: to manage claims to ensure that the State's liability and associated legal and other expenses are contained at the lowest achievable level, and to provide risk advisory services to State authorities with the aim of reducing over time the frequency and severity of claims.
The SCA manages personal injury and property damage claims against certain State authorities, including the State itself, Ministers, the Attorney General, the Commissioner of the Garda Síochána, prison governors, community and comprehensive schools and various other bodies listed in the Schedule to the Act.
The following classes of claim are expressly excluded from the SCA's remit: claims which give rise to constitutional issues; claims for compensation under the Garda Síochána (Compensation) Acts; claims against the Minister for Justice, Equality and Law Reform, the Garda Commissioner or a prison governor in respect of alleged assault by a member of the Garda Síochána or a prison officer; claims under the non-statutory scheme providing compensation for personal injury criminally inflicted on prison officers; hearing loss claims against the Minister for Defence or the Minister for Justice, Equality and Law Reform; claims arising from infection with hepatitis C through the administration of blood or blood products; child abuse claims against the State; and claims in which torts other than negligence are pleaded.
These classes of claim have been excluded either because alternative compensation arrangements have already been put in place by the Government or because they give rise to issues of legal policy which require the ongoing close involvement of the Attorney General.