Jack Wall (Kildare South, Labour)
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Question 53: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the amount paid out either in respect of court awards or out of court settlements for claims taken against members of the Garda in respect of assault, unlawful arrest, or other breach of a citizens right in respect of each year since 2002 to date in 2007; the number of cases in which awards were made by the courts; the number of cases which were settled out of court; the number of such cases pending; and if he will make a statement on the matter. [12933/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information requested by the Deputy in relation to Court awards and out of court settlements in actions taken against members of An Garda Síochána in respect of assault, unlawful arrest or other breaches of citizens' rights is set out in the following table in this answer.

As of 31st December, 2003, there were approximately 750 civil actions taken against members of An Garda Síochána on hand. A detailed breakdown of these actions in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. However, a database introduced in 2002 for the purposes of recording civil actions taken against members of An 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 2004, 127 actions were initiated/received. They included 40 cases of alleged assault and 26 cases of alleged unlawful arrest. In 2005, 109 actions were initiated/received. They include 46 cases of alleged assault and 18 cases of alleged unlawful arrest. In 2006, 139 actions were initiated/received. They included 46 cases of alleged assault and 24 cases of alleged unlawful arrest. In 2007 to date, 38 actions have been initiated/received which includes 11 cases of alleged assault and 6 cases of unlawful arrest.

Civil actions may be taken by the general public against the State for compensation for alleged wrongs and personal injuries inflicted on them by Garda members in the performance of their duties. Since the introduction of the Garda Síochána Act, 2005 the plaintiff no longer needs to name the individual garda in question. The highest percentage of these types of civil actions against An Garda Síochána is in relation to assault and unlawful arrest. The majority of these cases 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 which result in claims against the State in respect of the actions of Gardaí are examined as appropriate with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. The Garda Commissioner has also informed me that the Garda Síochána (Discipline) Regulations 1989 are invoked in appropriate cases where the actions of individual Garda members come into question.