asked the Minister for Finance if he will state, in a civil action as for an assault on a citizen against Ireland and the Attorney General where compensation is awarded, the fund out of which the compensation is paid; in the event of a settlement before an award is made by the court, who sanctions the amount of such settlement; and who authorises the payment of the settlement sum.
Written Answers. - Civil Actions Against the State.
18.
Compensation awarded in civil actions against the State is paid from the Vote of the relevant Department or office, following sanction by my Department. Under statute, the approval of the Minister for Finance is required for all payments, including compensation, which involve a charge on public funds. With regard to the question of compensation in advance of a court hearing, the normal procedure is that the Department or office concerned in the action consider any recommendation for a pre-hearing settlement, taking into account any legal advice obtained by or from the Chief State Solicitor's office and the office of the Attorney General. Where they consider that an attempt should be made to negotiate a settlement, the authority of my Department is required, and is normally given, to negotiate up to a certain limit. Any figure in excess of this limit would, of course, require the further sanction of my Department before it can be formally accepted. In some instances sanction has been delegated to approve settlements up to £5,000 without specific reference to my Department.
In deciding whether to sanction compensation at a recommended figure, my Department consider all the information, including legal advice, made available in the case. The situation is basically similar to that in the private sector in that the final decision rests with the person or agency which has to meet the payment.
When a settlement has been approved by my Department, the Department or office involved makes the payment.