Dáil Éireann Debate, Thursday - 30 September 2021
104. Deputy Sorca Clarke asked the Minister for Defence the number of settlements made in 2018, 2019, 2020 and to date in 2021, with current or former members of the Defence Forces which included a non-disclosure agreement stipulation. [46798/21]
Amharc ar fhreagraThe management of claims against the Minister for Defence in relation to personal injuries alleged to have occurred within Ireland has been delegated to the State Claims Agency (SCA) since 2001. The management of claims in respect of personal injuries alleged to have occurred overseas, claims of post-traumatic stress disorder, bullying and other harassment cases have been delegated to the SCA since 2011.
The State Claims Agency (SCA) has advised that confidentiality agreements may be requested by the SCA or the Plaintiff. The State Claims Agency (SCA) does not routinely request confidentiality agreements in relation to claims’ settlements but does so very occasionally when it deems it necessary and appropriate. Where it is requested by the Plaintiff, it is the SCA's practice to agree to enter into a confidentiality agreement.
The SCA has advised that the use of mediation to resolve claims has increased in recent years. The mediation process is entirely confidential between the parties. It is almost invariably the case in mediations that the mediator will ask the parties to sign an agreement attesting to the confidential nature of the mediation and it’s outcome.
The SCA further advises that the National Incident Management System (NIMS) does not capture/record data on confidentiality agreements and so it is not possible to provide statistics on confidentiality agreements related to Department of Defence/Defence Forces claims.
The Deputy will appreciate that I am not in a position to discuss specific settlements or to comment on the nature of such settlements.
