Oireachtas Joint and Select Committees

Wednesday, 15 May 2019

Joint Oireachtas Committee on Rural and Community Development

Indemnity: Discussion

Mr. Pat Kirwan:

At the outset, I thank the Chairman and the committee for this opportunity to address the committee today on the State Claims Agency's consideration of indemnity and participants, including volunteers, in various State and EU-funded schemes. I am joined by my colleague, Mr. Brian Larkin, senior enterprise risk manager with the State Claims Agency.

My opening statement has been provided to the committee. This statement contains information on the establishment, structure and evolution of the State Claims Agency, SCA, including the two State indemnity schemes operated by the SCA, namely, the clinical indemnity scheme and the general indemnity scheme.

The SCA's activity under the general indemnity scheme, GIS, is of most relevance when discussing indemnity and insurance-related matters for rural and community development programmes and schemes under the aegis of this committee. The general indemnity scheme is provided to delegated State authorities, which are formally delegated under the National Treasury Management Agency (Amendment) Act 2000. Delegated State authorities, DSAs, are bodies that are typically organisations that are wholly or substantially funded by the State, the employees of which are civil or public servants and the activities of which relate to the provision of services on behalf of the State.

Currently, State indemnity does not apply to local authorities or to any of the rural and community development programmes and schemes outlined in my opening statement. While funding and some policy arrangements may derive from central government, unless a programme or scheme is being directly managed by a delegated body, State indemnity does not apply. This, for example, is the case with Tidy Towns.

The decision to statutorily delegate a body or activity under State indemnity in respect of that body's personal injury-related liability is a decision for the relevant Department, in conjunction with the Departments of Public Expenditure and Reform and Finance.

I am happy to take any questions from the committee on the above.