State Claims Agency

Dáil Éireann Debate, Tuesday - 6 December 2022

Tuesday, 6 December 2022

Questions (183)

Michael Creed

Question:

183. Deputy Michael Creed asked the Minister for Finance if he is satisfied with the manner in which the State Claims Agency deals with claims for compensation arising from damage to private property by State actors; if he is also satisfied that all relevant State actors respond in a timely fashion to the State Claims Agency thereby enabling it to finalise individual claims; the way that eligibility for compensation is determined in cases where property is damaged by State actors where no questions arise regarding the bona fides of the property owner or his compliance with the law; and if he will make a statement on the matter. [60748/22]

Written answers

Minister for Finance

I am informed by the NTMA that the State Claims Agency (SCA) is mandated by statute to handle claims for compensation or damages for loss of or damage to property, by State-authorised actors, where such loss or damage has been occasioned by an act or omission constituting a cause of action by an affected third party. Thus, in cases where negligence causing damage to property is alleged on the part of a State-authorised actor, the SCA, where negligence has been proved, always seeks to settle such cases as expeditiously as possible. If, however, a State-authorised actor causes damage to property, such as, for example, the Garda causing damage to a third party’s property whilst forcibly entering a premises, on foot of a lawful warrant, a claim by the third party for the resultant damage will be declined by the SCA as the damage has not been negligently caused and cannot not give rise to a cause of action.