Dáil Éireann Debate, Tuesday - 28 February 2012
544 Deputy John Lyons asked the Minister for Justice and Equality the guidelines in place to compensate householders for damage caused to their homes during Garda raids when no drugs or illegal substances are found in the dwelling; and if he will make a statement on the matter. [11130/12]
Amharc ar fhreagraClaims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are delegated to and managed by the State Claims Agency. Each claim is considered separately depending on the particular facts of the case.
The general policy of the State Claims Agency, however, 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 provided the Gardaí were acting on foot of a valid search warrant. 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. The approach taken by the State Claims Agency in denying liability and contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.
