Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I welcome the Taoiseach's reply and the publication by the Attorney General of the principles. I also welcome that the Government has adopted them.

This issue entered the public domain relatively recently because of the nursing home charges issue. There is a lack of awareness, and more information needs to be provided to the public, as to how the State conducts itself in litigation. Obviously, there will be significant State involvement in litigation, given that it is sued more than most other legal entities. Sometimes, it also has to initiate proceedings. As such, the State has a significant role to play in respect of litigation.

I sometimes fear that the public perception is that the State adopts a harsh and adversarial approach to litigation. While I do not believe that is completely true, it is certainly the case that this message seems to have spread abroad. It would be worthwhile if the Government tried to publicise in even greater detail what was involved in the principles and why the State could not just concede liability in certain cases. Alternatively, it needs to explain why the State cannot just accept the quantum of a claim that has been made by a claimant. The State has an important role to play in terms of litigation and it must ensure that it does not put up a defence if there is no statable offence. If liability deserves to be conceded, the State should do so, but a difficulty that the State sometimes faces is that a claimant, as is his or her entitlement, always tries to maximise the value of the claim. From the point of view of the State and the taxpayer, there are obligations on the State to try to ensure that it does not pay out excessive amounts in respect of any individual claim.

I have noticed something about litigation involving the State. Whether a person is appearing for or against the State, it can sometimes be more difficult for those proceedings to reach a resolution. In part, this is because many officials who are representing the State may prefer the courts to make a decision on a claim as opposed to the State making a decision to settle the claim and pay out. We need to try to encourage officials within the State to move away from that mindset. Resolution is always preferable to conflict. If there is an exposure to the State, that should be acknowledged.

I would like to see a greater publication of the principles, if possible.

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