Mattie McGrath (Tipperary South, Independent)
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298. To ask the Minister for Justice and Equality the options available to a person to claim financial compensation following damage to property caused by gardaí in the execution of a search warrant on the person's property; and if she will make a statement on the matter. [38142/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are delegated to and managed by the State Claims Agency. Each claim is considered separately depending on the particular facts of the case.

The general policy of the State Claims Agency, however, in relation to such claims is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested provided the Gardaí were acting on foot of a valid search warrant. Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.