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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Compensation Claims.

Breeda Moynihan-Cronin

Ceist:

164 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the number of legal claims outstanding against the State from members or former members of the Garda; the total amount being sought in compensation; the principal causes of the claims; and if he will make a statement on the matter. [22014/01]

There are two principal causes of legal actions against the State by members and former members of the Garda Síochána. The first is where an injury is inflicted maliciously on them in the course of or in relation to the performance by them of their duties as members of the Garda Síochána. Applications for compensation in respect of malicious injuries are processed in accordance with the provisions of the Garda Síochána (Compensation) Acts, 1941 and 1945, which provide, inter alia, that awards of compensation can only be made by a judge of the High Court. There are approximately 1,750 such claims on hand at present.

The second instance relates to ordinary injuries received while on duty. In respect of such legal actions there are approximately 160 claims on hand. In all such cases the amount sought is not indicated by the plaintiff and the level of compensation only becomes apparent following either settlement talks between the parties concerned or following the hearing of a case in the relevant court.

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