State Claims Agency

Dáil Éireann Debate, Tuesday - 8 May 2018

Tuesday, 8 May 2018

Ceisteanna (110)

Michael McGrath

Ceist:

110. Deputy Michael McGrath asked the Minister for Finance the policy of the State Claims Agency in relation to non-disclosure and confidentiality clauses being included in circumstances in which settlements are reached in or out of court by the agency and a person taking a case against a State body in respect of cases managed by the agency; the number of such non-disclosure or confidentiality clauses that have been entered into by the agency or representatives on its behalf in each year since 2010 by delegated authority in tabular form; the overall value for each delegated authority for each year of the settlements in which such a clause was put in place; and if he will make a statement on the matter. [20118/18]

Freagraí scríofa

Minister for Finance

The State Claims Agency (SCA) have advised me that it settles very few claims subject to a confidentiality agreement.

For the purposes of clarity the SCA also advise that a claim refers to notification of intention to seek compensation for personal injury and/or property damage where it is alleged the State was negligent. The application may be in the form of a letter of claim, an InjuriesBoard.ie application, or a written/oral request.

One particular exception to a settlement not being subject to a confidentiality agreement is a claim where mediation is entered into. Part of the process of mediation is that the parties are bound by a strict confidentiality provision contained in the mediation agreement. In the very rare case that the Agency agrees a confidentiality proviso, it is usually because of some extremely sensitive, controversial or disputed element of a claim which may be requested by either party.

The SCA also advise that it does not formally record, on its IT system, the fact that any individual settlement is bound by a confidentiality clause; therefore this information is not readily available.