Mark Ward
Question:860. Deputy Mark Ward asked the Minister for Justice if there is a redress scheme for people if their property is damaged by An Garda Síochána; and if she will make a statement on the matter. [54648/22]
View answerTuesday, 8 November 2022
Questions (860)
Written answers
As the Deputy may be aware, claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are managed by the State Claims Agency (SCA).
Each claim is considered separately, having regard to the particular facts of the case.
The general policy of the State Claims Agency, in relation to such claims, is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested unless there is demonstrable negligence on the part of the Garda authorities. Other relevant factors taken into account include whether the Gardaí were acting on foot of a search warrant or whether they had other lawful authority to carry out a forced entry to a premises.
Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property in those circumstances. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to court by property owners.