Barry Cowen (Offaly, Fianna Fail)
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109. To ask the Minister for Finance the way in which the State Claims Agency manages individual cases; the person directly responsible for the running of the State Claims Agency in relation to individual cases; if the delegated State authorities have a say when cases are being managed; if there is transparency between the State Claims Agency and the delegated State authorities regarding the way in which individual cases are being managed; if delegated State authorities are informed of the details on cases that are been taken by the agency; and if he will make a statement on the matter. [19908/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSAs) including the Health Service Executive. The SCA’s claims management objective is, while acting in the best interest of taxpayers in matters of personal injury and property damage litigation, to act fairly, ethically and compassionately in its dealings with people who have suffered injuries and/or damage and who take legal actions against the State or State bodies, and their families. 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, while seeking to in no way exacerbate the suffering of those citizens. If it considers that the State is not liable, the SCA’s policy is to defend the claims.

Individual cases are managed by teams of claims managers within the SCA. The Director of the State Claims Agency (SCA), Ciaran Breen, has oversight of all functions within the SCA.

The State Claims Agency’s mandate for managing personal injury claims on behalf of DSAs is established in legislation. When managing cases on behalf of DSAs, the State Claims Agency (SCA) engages with DSAs to carry out investigations and to establish the facts of the cases. The SCA engages with DSAs on an on-going basis in this respect. The SCA is statutorily mandated to determine the claims management strategy on the claims it manages on behalf of DSAs. The SCA engages with DSA’s throughout a case. The SCA provides regular information to DSA’s in respect of their claims’ portfolios.

Michael McGrath (Cork South Central, Fianna Fail)
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110. To ask the Minister for Finance the policy of the State Claims Agency in relation to non-disclosure and confidentiality clauses being included in circumstances in which settlements are reached in or out of court by the agency and a person taking a case against a State body in respect of cases managed by the agency; the number of such non-disclosure or confidentiality clauses that have been entered into by the agency or representatives on its behalf in each year since 2010 by delegated authority in tabular form; the overall value for each delegated authority for each year of the settlements in which such a clause was put in place; and if he will make a statement on the matter. [20118/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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The State Claims Agency (SCA) have advised me that it settles very few claims subject to a confidentiality agreement.

For the purposes of clarity the SCA also advise that a claim refers to notification of intention to seek compensation for personal injury and/or property damage where it is alleged the State was negligent. The application may be in the form of a letter of claim, an InjuriesBoard.ie application, or a written/oral request.

One particular exception to a settlement not being subject to a confidentiality agreement is a claim where mediation is entered into. Part of the process of mediation is that the parties are bound by a strict confidentiality provision contained in the mediation agreement. In the very rare case that the Agency agrees a confidentiality proviso, it is usually because of some extremely sensitive, controversial or disputed element of a claim which may be requested by either party.

The SCA also advise that it does not formally record, on its IT system, the fact that any individual settlement is bound by a confidentiality clause; therefore this information is not readily available.