Catherine Murphy (Kildare North, Social Democrats)
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54. To ask the Minister for Finance the amount of funds set aside on an annual basis for contingent liability by the State Claims Agency, SCA, per year for the past 25 years; the way in which the amount that is forecast to be needed for contingent liability is determined; if the SCA carries out an actuarial analysis for budgeting current and future contingent liability; if the SCA conducts a risk assessment in the context of contingent liability; and if he will make a statement on the matter. [23056/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am informed by the State Claims Agency (SCA) that as of 23 May 2018, the figures outlined in the table show the contingent liability, or rather the Outstanding Estimated Liability, on all active claims across all delegated State Authorities under their aegis.

Outstanding Estimated Liability is the SCA’s best current estimate of the ultimate cost of resolving a claim. It includes all foreseeable costs such as settlement amounts, claimant legal costs and defence costs (such as fees payable to legal counsel, engineers, consultants etc.). Estimated liability may be revised on a regular basis in light of any new information received.

While the SCA commenced activities in 2001, it has informed me that it only has records in relation to the Outstanding Estimated Liability on Active claims since 2009.  

The table shows the Outstanding Estimated Liability on all Active claims covering all delegated State Authorities as at the year-end specified from 2009 to 2017. The figures in the table were correct as per the end of each year specified.

With regard to forecast and analysis for budgeting current and future contingent liability, the SCA engages an independent third party actuary, Lane Clark and Peacock, to design and build actuarial models, based on the Agency’s data, to predict the yearly cost of managing the Clinical and General Indemnity Schemes.

Regarding the conduct of a risk assessment in the context of the contingent liability the SCA also engages a third party auditor to review the process of setting the contingent liability.