Dáil Éireann Debate, Tuesday - 1 December 2015
304. Deputy Billy Timmins asked the Minister for Defence the number of legal cases currently ongoing against his Department including State agencies under his aegis; the number of cases that took place during the years 2011 to 2014, inclusive; the cost of those that were contested and what damages were involved; the costs and damages of those that were settled; and if he will make a statement on the matter. [43263/15]
View answerThe Chief State Solicitor’s Office, Attorney General’s Office and the State Claims Agency deal with all legal matters on behalf of my Department. The main requirement for legal services in my Department is in the context of litigation, usually in the form of administrative law and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation in relation to all cases taken against the Minister for Defence.
The Chief State Solicitor’s Office is responsible for the costs of the State’s legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by my Department. In addition, my Department may pay plaintiffs’ legal costs as part of awards and settlements.
As at 30 November, 2015, there are 375 claims on-hand in this Department.
The table lists the information sought by the Deputy:
- The number of cases received and finalised during 2011 to 2014, inclusive;
- The total legal costs incurred during 2011 to 2014, inclusive;
- The total awards/settlements paid during 2011 to 2014, inclusive.
|
Year |
Cases Received |
Cases Finalised |
Legal costs |
Awards/Settlements |
|
2011 |
149 |
512* |
€2,161,956 |
€2,524,875 |
|
2012 |
127 |
228* |
€1,199,689 |
€1,588,500 |
|
2013 |
130 |
159 |
€1,441,165 |
€2,260,544 |
|
2014 |
167 |
137 |
€1,363,182 |
€2,651,899 |
The Deputy might note that expenditure is subject to a number of unpredictable variables including the timing of court hearings, the progression of cases and numbers, value and timing of awards and settlements. In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, the Chief State Solicitor’s Office and the State Claims Agency’s approach is to settle such cases expeditiously in so far as it is possible to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly.
*During 2011/2012, the Department engaged with the Chief State Solicitor’s Office and the State Claims Agency in a review of old cases. This identified many cases that had been finalised i.e. struck out for lack of prosecution, discontinued or settled.
