Dáil Éireann Debate, Thursday - 14 May 2015
142. Deputy Róisín Shortall asked the Minister for Justice and Equality the system by which third parties who have incurred property damage as a result of a Garda Síochána operation may recoup the cost of repair work; and if she will make a statement on the matter. [19108/15]
View answerClaims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána should be submitted in writing the State Claims Agency which has delegated authority to manage such claims on behalf of the State. Each claim is considered separately depending on the particular facts of the case.
Any claim from a property owner in respect of damage arising from a Garda operation is contested unless there is demonstrable negligence on the part of the Garda authorities. Claims arising from situations where the members of the Garda Síochána did not have a search warrant or other lawful authority to carry out a search would similarly not be contested. Search warrants authorise the Gardaí to, if necessary, use force to gain entry to a property and the Gardaí have no legal liability to the property owner for damage caused in executing a lawfully issued search warrant.
