The Deputy will wish to be aware that I have referred the attached question to all of the relevant agencies and bodies under the remit of my Department and have asked them to contact you directly with the relevant information sought.
Separately I am now including a table which sets out claims made under the Criminal Procedure Act 1993 and claims which fall under the Garda Compensation Scheme and the Ex-Gratia Scheme for members of An Garda Síochána.
In respect of the specific schemes, which are administered by my Department, the Deputy will wish to note that Garda compensation claims are currently dealt with under the Garda Síochána (Compensation) Acts 1941 to 1945 which provides for all compensation claims to be determined by the High Court and for all costs to be borne by the State. The General Scheme of Garda Síochána (Compensation) Bill 2017, which was approved by Government on 9 May 2017, aims to:
- repeal and replace the current legislative framework for Garda compensation with a more effective and efficient scheme giving rise to reduced legal and administrative costs,
- make provision for an independent assessment of quantum by the Personal Injuries Assessment Board having due regard to the Book of Quantum, and
- provide for the management of claims by the State Claims Agency which will also facilitate a risk assessment facility to afford An Garda Síochána the opportunity to avoid risks identified.
As the Deputy may be aware, the NTMA is a State body which operates with a commercial remit to provide asset and liability management services to Government and is designated as the State Claims Agency when performing the claims and risk management functions delegated to it under the National Treasury Management Agency (Amendment) Act 2000.
NTMA reports directly to the Minister for Finance in the performance of its State Claims Agency functions. The SCA’s principal objectives are:
- To ensure that the State’s liabilities in relation to personal injury and property damage claims, and the expenses of the SCA in relation to their management, are contained at the lowest achievable level.
- To implement targeted personal injury and property damage risk work programmes to mitigate litigation risk, in State authorities and healthcare enterprises, in order to reduce the costs of future litigation against the State.
The State Claims agency holds much of the relevant information sought by the Deputy, in respect of all Government Departments and Agencies.
|
Compensation Scheme
|
Year
|
Nature of Claim
|
Amount €
|
Number of claims the payouts related to by each agency
|
Number of claims that were settled out of court
|
Number of payments that were the result of a court judgement
|
|
Garda Compensation Scheme *
|
2010
|
|
€5.4 m
|
174
|
0
|
174
|
|
Garda Compensation Scheme *
|
2011
|
|
€6m
|
175
|
0
|
175
|
|
Garda Compensation Scheme *
|
2012
|
|
€6.8m
|
111
|
0
|
112
|
|
Garda Compensation Scheme *
|
2013
|
|
€5.9m
|
124
|
0
|
124
|
|
Garda Compensation Scheme *
|
2014
|
|
€4m
|
111
|
0
|
111
|
|
Garda Compensation Scheme *
|
2015
|
|
€3.6m
|
63
|
0
|
63
|
|
Garda Compensation Scheme *
|
2016
|
|
€4.7m
|
74
|
0
|
74
|
|
Garda Compensation Scheme *
|
2017
|
Compensation for members of An Garda Síochána maliciously injured in the course of their duty
|
€5.7m
|
98
|
0
|
98
|
|
Ex-Gratia Scheme for members of An Garda Síochána**
|
2017
|
Ex-Gratia Scheme for members injured or killed while driving an official vehicle in the line of duty where no malice was involved
|
€60,000
|
2
|
2
|
0
|
|
Legal Actions
|
2015
|
Miscarriage of Justice case under the Criminal procedure Act 1993
|
€525,000
|
1
|
|
|
|
Legal Actions
|
2016
|
Legal costs associated with Miscarriage of Justice case
|
€294,848.50
|
1
|
|
|
|
Legal Actions
|
2016
|
Miscarriage of Justice case
|
€515,000
|
1
|
|
|
|
Legal Actions
|
2017
|
Miscarriage of Justice case under the Criminal procedure Act 1993
|
€179,277.90
|
1
|
|
|
Notes *The Garda Síochána (Compensation) Acts, 1941 and 1945 provide for a scheme of compensation for members of An Garda Síochána who are maliciously injured in the course of their duty or in relation to the performance of their duties as members of An Garda Síochána and for the dependants of members who have died from injuries maliciously inflicted on them. Under the Acts, the Minister has the responsibility to approve or refuse applications for compensation, having regard to the circumstances of the case and the legislation. This assessment is discharged by designated officials of the Department. Compensation awards are paid from the Garda Vote. **Ex-Gratia Scheme is in place for members injured or killed while driving an official vehicle in the line of duty where no malice was involved. The scheme is set out in the Garda Conciliation Council Agreed Report No. 639. Ex-Gratia payments are paid from the Garda Vote.
