Micheál Martin (Cork South Central, Fianna Fail)
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My Department's litigation branch manages and co-ordinates litigation claims and, in so doing, works closely with both the State Claims Agency, SCA, and the Chief State Solicitor’s Office, CSSO.

The Deputy will be aware that all claims for personal injuries taken by current and former members of the Defence Forces have been delegated to the SCA. The SCA manages and provides legal representation in relation to personal injury cases taken against the Minister for Defence. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the agency for my Department are refunded to the agency by the Department. Employment law matters taken against the Minister for Defence are managed on my behalf by the Chief State Solicitor’s Office. That office is responsible for the costs of the State's legal teams in the litigation cases that it manages on behalf of my Department. In the past three years, 2021 to 2023, inclusive, the total value of settlements arising from litigation in which I was a listed party to the proceedings was just over €7.5 million, rather than €10 million.

In respect of the costs arising from the settlement of cases, my Department is in daily contact with both the State Claims Agency and Chief State Solicitor's Office regarding the active management of litigation cases, with a focus on achieving the most equitable outcomes and the minimisation of costs wherever possible.

Any costs incurred within the litigation process are closely monitored and are subject to rigorous review, oversight and regular reporting within my Department. Any expenditure incurred within the litigation process will continue to be monitored closely as the cases are proactively managed in consultation with both the State Claims Agency and the Chief State Solicitor's Office.

Micheál Martin (Cork South Central, Fianna Fail)
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I do not disagree although some of these could be personal injury awards or occupational injuries that occurred during the course of people’s duties and people are entitled to seek redress. I would prefer mediation but under the law - the Oireachtas has provided for this - the State Claims Agency deals with claims on behalf of the State and that includes the Department of Defence in respect of claims on a whole range of issues. We have established a tribunal of inquiry following the independent review group's finding on the failure of the existing complaints processes to adequately and properly deal with complaints that members of the Defence Forces have made over the years. We have already taken steps to try to deal with the interim situation, while the tribunal of inquiry is on the way, and we will continue with that in terms of a more fact-based and statutory-based approach to issues that the Women of Honour and others have raised. Pending that we are undertaking a number of improvements and are reviewing the situation in terms of interim arrangements in order that Defence Force members can complain more effectively and feel more confidence in the complaints process than they do now.

Micheál Martin (Cork South Central, Fianna Fail)
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To be clear, the Women of Honour group did see the terms of reference before publication. As there was a series of drafts of the terms of reference that went to and fro between the Women of Honour, their legal representatives, the Department and me, what the Deputy said is not correct. I want to be very clear about that. It was a long enough process to finally conclude the terms of reference. The majority of what was asked for has been provided for within the terms of reference. It is also a public inquiry which the Women of Honour sought. It is a statutory tribunal of inquiry under the statutory tribunals of inquiry Act. I think it will be very comprehensive. We need to be reasonably timely too because victims who have survived abuse and so on need a timely response from the tribunal, as do serving members.

On litigation and so on, the Department received litigation on personal injury claims, that is, slips, trips, falls, lifting and carrying injuries, illness, PTSD, training accidents, bullying, harassment, sporting injuries and injuries relating to weapons, explosives and ammunition. Claims may also be received as civil bills, plenary summons or judicial reviews in respect of employment matters, promotions, enlistments, discharges, disciplinary matters and allowances. There is a very wide subject matter that can be the subject matter of litigation.