Written answers

Tuesday, 29 November 2011

Department of Justice, Equality and Defence

Garda Operations

9:00 pm

Photo of Seán KennySeán Kenny (Dublin North East, Labour)
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Question 418: To ask the Minister for Justice and Equality if An Garda Síochána has any responsibility to replace doors, windows and so on which were used to gain access to houses or businesses to conduct searches; and if he will make a statement on the matter. [37507/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Claims from property owners for damage caused to their properties arising from forced entry searches undertaken by An Garda Síochána are delegated to and managed by the State Claims Agency. The management of these claims are determined by the facts of each claim. In circumstances where An Garda Síochána have a valid search warrant or other lawful authority permitting the use of force to effect an entry to carry out the search, liability is denied and these claims are fully contested by the State Claims Agency. The approach taken by the Agency in denying liability and contesting these claims has been upheld by the Courts in a number of actions brought by property owners.

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