Written answers

Tuesday, 10 October 2017

Department of Finance

State Claims Agency

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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25. To ask the Minister for Finance the avenue of appeal open to persons that have applied to the State Claims Agency and have had their claim turned down.; and if he will make a statement on the matter. [42480/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The NTMA is designated as the State Claims Agency (SCA) when managing claims against the State and State Authorities and carrying out related risk management functions in order to reduce the costs of future litigation against the State.

The SCA’s remit covers personal injuries and third-party property damage claims made against approximately 146 State Authorities including the State itself. It also manages third-party costs arising from certain Tribunals of Inquiry and claims for legal costs by parties who have successfully sued the State in respect of personal injury and non-personal injury related litigation.

The SCA’s claims management objective is, while acting in the best interests of tax payers in matters of personal injury and property damage litigation, to act fairly and ethically in its dealings with people who have suffered injuries and/or damage and who take legal actions against the State or State bodies, and the families of these people. In cases where the SCA investigation concludes that the relevant State Authority bears some or all liability, it seeks to settle claims expeditiously and on fair and reasonable terms.  If it considers that the State is not liable the SCA’s policy is to apply all necessary resources to defend the claims.

Where the State Claims Agency successfully defends a claim following a Court Trial, it is open to the unsuccessful plaintiff to Appeal that Court’s decision to a higher Court and, in appropriate cases, the Court of Appeal or the Supreme Court.

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