Written answers

Wednesday, 2 April 2008

9:00 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 157: To ask the Taoiseach the number of legal cases the Attorney General's Office are currently involved in with parents of children with special needs who have initiated legal proceedings against the State; the estimated legal cost of these actions; and if he will make a statement on the matter. [10256/08]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 158: To ask the Taoiseach the costs charged to the Chief Solicitor's Office per year for the past five years in legal proceedings involving children with special needs who have taken legal action against the State; and if he will make a statement on the matter. [10257/08]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 159: To ask the Taoiseach the compensation or damages charged to the Chief Solicitor's Office as sanctioned by the Attorney General in legal settlements involving children with special needs who have taken legal action against the State for each year over the past five years; and if he will make a statement on the matter. [10265/08]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 160: To ask the Taoiseach the fees paid by the Chief Solicitor's Office as sanctioned by the Attorney General for each year over the past five years to psychologists and other expert witnesses in legal proceedings involving children with special needs; and if he will make a statement on the matter. [10316/08]

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 157 to 160, inclusive, together.

In the Chief State Solicitor's Office there are files open in 83 legal proceedings involving children with special needs, but only a small number of these cases are currently being actively pursued in the Courts. It is impossible to estimate how much the legal costs will be of current cases as it depends on whether the case is settled, whether it proceeds to hearing, how the hearing might be conducted etc.

The overall costs for the Office for legal proceedings involving children with special needs from 2003 to 2007 are as follows:

Year
2003635,507.27
2004547,354.39
2005445,958.93
2006972,637.40
2007287,403.68
Total2,888,861.67

Compensation or damages are paid by individual Departments in respect of legal actions and, accordingly, no damages have been charged to the Chief State Solicitor's Office or the Attorney General's Office in legal proceedings involving children with special needs.

The Chief State Solicitor's Office has paid no fees to psychologists or other expert witnesses in legal proceedings involving children with special needs. The Department of Education and Science have commissioned psychologists to give them advice on educational intervention which is appropriate for children who are the subject of court proceedings and those expert witnesses may then be required to appear in Court. Costs and expenses for these experts employed by the Department of Education and Science for defence of cases are paid direct by that Department.

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