Willie Penrose (Westmeath, Labour)
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Question 48: To ask the Minister for Justice, Equality and Law Reform the amount paid in respect of court awards or out of court settlements for claims taken against members of the Garda for assaults, unlawful arrests or other breaches of a citizen's right in respect of the years 2001 to 2003, inclusive, and to date; the number of cases where awards were made by the courts, the number of cases that were settled out of court and the number of such cases pending. [16286/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information requested by the Deputy is outlined in the following tabular statement.

As of 31 December 2003 there were approximately 750 civil actions taken against members of the force on hand. A detailed breakdown of them in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. A database introduced in 2002 for the purposes of recording civil actions taken against members of the Garda Síochána, indicates that in 2003 — the first complete year for which a detailed breakdown is available — of the 142 actions initiated or received in that year by my Department, there were 34 cases of alleged assault recorded and 38 cases of alleged unlawful arrest recorded. The remaining 70 cases recorded included allegations of defamation and harassment. In the year to date, 44 actions have been initiated/received. They include 15 cases of alleged assault and 14 cases of alleged unlawful arrest.

Civil actions may be taken by the general public against members of the force for compensation for alleged wrongs and personal injuries inflicted on them by gardaí in the performance of their duties. The highest percentage of these types of civil actions is for assault and unlawful arrest. The majority of them have been settled for less than €25,500. Settlement of cases takes place on the advice of the Chief State Solicitor, the Attorney General and State Counsel.

The Garda Commissioner has informed me that incidents that result in successful claims against the State in respect of the actions of gardaí are examined with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. He also informed me that the Garda Síochána (Discipline) Regulations 1989 are invoked in appropriate cases where the actions of a garda comes into question. One of the principal aims of the Bill is the establishment of a new mechanism for dealing with complaints against gardaí that will secure public confidence and address the acknowledged shortcomings in the existing law and procedures on complaints.

The number of cases where awards were made by the courts and the number of cases that were settled out of court are shown in brackets.