Dáil Éireann Debate, Thursday - 24 May 2018
74. Deputy Brendan Ryan asked the Minister for Justice and Equality the way in which a person (details supplied) can seek recourse from the State in cases in which the State Claims Agency refused to reimburse a person who had their property damaged by An Garda Síochána during a lawful raid; and if he will make a statement on the matter. [22940/18]
Amharc ar fhreagraAs the Deputy is aware, I am unable to comment on individual cases.
However, I can say, in general terms, that claims 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 (SCA). Each claim is considered separately having regard to the particular facts of the case.
The general policy of the State Claims Agency, 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 unless there is demonstrable negligence on the part of the Garda authorities. Other relevant factors taken into account include whether the Gardaí were acting on foot of a search warrant or whether they had other lawful authority to carry out a forced entry to a premises. 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 in those circumstances. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.
It is not my function to offer legal advice to the individual referred to in the Deputy's question but it is clearly open to that person to seek their own legal advice on the options open to them.
