Gerard Craughwell (Independent) | Oireachtas source

The Vicky Phelan case has brought into the public domain the deep pockets of the public purse when it comes to fighting legal battles. My colleague, Senator Conway-Walsh, outlined exactly the approach this State takes to its citizens when they find themselves in conflict or needing to make a claim.

Two years ago, I brought the case of Lieutenant Colonel John Hamill to the Seanad and we had two Commencement debates on his issue. The Ombudsman for the Defence Forces found that he had been wronged but, despite the ruling of the ombudsman, the Department of Defence has sat on its hands and refused to deal with the man by giving him the solution he deserves. It is outrageous that the Department of Defence uses public money in this way. The only way this man will now get redress is through the courts and by exposing himself to a massive court battle to get what the ombudsman said he was entitled to.The time has come for us to sit down with whomever is responsible for the public purse and discuss how these cases are taken on. The Leader and I and most Members of the House will have seen State and semi-State agencies using the public purse to fight unwinnable court cases. Why? It is because it is not their money they are fighting with. Lieutenant Colonel Hamill served with distinction for this State. An ombudsman found in his favour that he had been wronged and that he was forced out of the Army at the age of 58 when he should have been promoted to colonel. What has he to do to vindicate his right? He has to go to the High Court and expose himself to risk. That is wrong in every sense of the word and makes me ask how many more citizens are having to sit on their hands and suck up some injustice that was done to them, purely because they do not have the deep pockets the State has. It is time we kicked this debate out in the open. I agree with Senator Conway-Walsh. The State Claims Agency seems to do whatever the hell it wants and that feeds into every other Department. I would appreciate if the Leader could organise a debate on that issue.