The information requested by the Deputy in relation to court awards and out of court settlements in actions taken against members of the Garda Síochána in respect of assault, unlawful arrest or other breaches of citizens' rights is set out in the table below.
As of 31 December 2003, there were approximately 750 civil actions taken against members of the Garda Síochána on hand. A detailed breakdown of these actions in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. However, a database introduced in 2002 for the purposes of recording civil actions taken against members of the Garda Síochána, indicates that in 2003 — the first complete year for which a detailed breakdown is available — of the 142 actions initiated or received in that year by my Department, there were 34 cases of alleged assault recorded and 38 cases of alleged unlawful arrest recorded. The remaining 70 cases recorded included allegations of defamation and harassment. In 2004, 127 actions have been initiated-received. They include 40 cases of alleged assault and 26 cases of alleged unlawful arrest. In 2005 to date, 19 actions have been initiated-received. They include four cases of alleged assault and four cases of alleged unlawful arrest.
Civil actions may be taken by the general public against members of the Garda Síochána for compensation for alleged wrongs and personal injuries inflicted on them by Garda members in the performance of their duties. The highest percentage of these types of civil actions against the Garda Síochána is in relation to assault and unlawful arrest. The majority of these cases have been settled for less than €25,500. Settlement of cases takes place on the advice of the Chief State Solicitor, the Attorney General and State Counsel.
The Garda Commissioner has informed me that incidents which result in claims against the State in respect of the actions of gardaí are examined as appropriate with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. The Garda Commissioner has also informed me that the Garda Síochána (Discipline) Regulations 1989 are invoked in appropriate cases where the actions of individual Garda members come into question. One of the principal aims of the Garda Síochána Bill 2004 is the establishment of a new mechanism for dealing with complaints against members of the Garda Síochána which will secure public confidence and which will address the acknowledged shortcomings in the existing law and procedures on complaints.
|
Year (Total Amount)
|
|
Assault
|
Unlawful Arrest
|
Other
|
|
|
€
|
€
|
€
|
|
2001 €1,619,746.83
|
Awards
|
1,904.61 (1)
|
20,950.68 (2)
|
22,220.42 (1)
|
|
Settlements
|
123,164.59 (5)
|
33,965.49 (3)
|
162,782.25 (9)
|
|
Costs
|
244,665.35
|
123,199.41
|
886,894.03
|
|
Total
|
369,734.55
|
178,115.58
|
1,071,896.70
|
|
2002 €1,240,388.40
|
Awards
|
1,270 (1)
|
3,809.21 (1)
|
56,500 (2)
|
|
Settlements
|
166,924.48 (6)
|
106,835.58 (10)
|
185,078.82 (11)
|
|
Costs
|
230,769.67
|
148,714.19
|
340,486.45
|
|
Total
|
398,964.15
|
259,358.98
|
582,065.27
|
|
|
€
|
€
|
€
|
|
2003 €1,276,127.55
|
Awards
|
11,000 (1)
|
10,000 (2)
|
4,870 (2)
|
|
Settlements
|
75,000 (4)
|
303,011 (5)
|
112,814.84 (4)
|
|
Costs
|
145,561.70
|
71,794.28
|
542,075.73
|
|
Total
|
231,561.70
|
384,805.28
|
659,760.57
|
|
2004 (Provisional) €938,799.09
|
Awards
|
15,000 (1)
|
0
|
3,215.06 (1)
|
|
Settlements
|
198,697.48 (5)*
|
73,007 (5)*
|
50,500 (3)
|
|
Costs
|
231,646.62
|
100,019.36
|
266,713.57
|
|
Total
|
445,344.10
|
173,026.36
|
320,428.63
|
|
2005 (Provisional) €449,654.07 as at 11/02/05
|
Awards
|
|
250.00 (1)
|
|
|
Settlements
|
|
6,113.00 (1)
|
|
|
Costs
|
|
442,686.07 (1)
|
605.00 (1)
|
|
Total
|
|
449,049.07
|
605.00
|
The number of cases in which awards were made by the courts and the number of cases which were settled out of court are shown in brackets in each case.
* Further to the reply given to Parliamentary Question No. 35 on 8 December 2004, following a review of the categories of actions taken, the provisional figures for settlements under assaults and unlawful arrest in the year 2004 have been adjusted.
