Kathleen Lynch (Cork North Central, Labour)
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Question 120: To ask the Minister for Justice, Equality and Law Reform his views on the fact that almost €32 million has been paid out over the past five years in respect of claims made against members of the gardaí for wrongful arrest, assault and other reasons; the steps he is taking to address this situation; and if he will make a statement on the matter. [40147/09]

Dermot Ahern (Louth, Fianna Fail)
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Members of the Garda Síochána are called upon to interact with members of the public on a twenty four hour basis in a wide variety of situations - many of which are unavoidably contentious. In the vast majority of cases these interactions are handled in an exemplary and professional manner and do not give rise to difficulty from a litigation point of view. However, inevitably there is a small number of cases which give rise to the question of a legal liability on the part of the State.

The Commissioner, as Accounting Officer for An Garda Síochána, is concerned about the impact of the cost of these cases on the funds available to An Garda Síochána. In all cases the advice of Counsel, the Chief State Solicitor and the Attorney General inform the approach taken in addressing the issues involved. In most cases the advice leads to settlement of the cases but the question cannot be decided on a fiscal basis alone. The Commissioner must ensure that a proper balance is maintained between the benefits that might accrue for the public purse in the event of prudent settlement agreements and the necessity to vigorously defend the right and duty of the gardaí to carry out their functions.

Certain costs are outside the control of the Commissioner. Once a case goes before the Courts the levels of compensation is determined by the Courts. That said, one of the main elements of expenditure in this area is legal costs and my Department, in conjuction with the Attorney General, the Department of Finance and An Garda Síochána, is currently exploring possible ways to minimise such costs.

I should point out that many of the civil actions that are taken do not involve any wrongdoing on the part of the Garda members concerned. However, I can assure the Deputy that where there is wrongdoing the Commissioner enforces the discipline regulations appropriately. Breaches of discipline are dealt with under new Garda Síochána (Discipline) Regulations which came into operation on 1 June 2007. These Regulations have streamlined the disciplinary process and replaced the complex system which had developed over the years and was the subject of much criticism by the Morris Tribunal.

Finally, as regards the actual amounts paid over the past five years, the Deputy will see from the figures provided in my answer to Question 18 of 22 September 2009 that as the "Donegal-related" cases are finalised and removed from the equation the cost of legal actions is being reduced significantly.