Written answers

Tuesday, 13 July 2021

Department of Defence

Departmental Legal Cases

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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394. To ask the Taoiseach and Minister for Defence the number of legal cases brought against his Department in each of the past five years and to date in 2021; and if he will provide details on the nature of these cases. [37806/21]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Department's Litigation Branch manages litigation claims taken against the Minister for Defence. In doing so, the Branch works closely with both the State Claims Agency (SCA) and the Chief State Solicitor’s Office (CSSO). Personal injury cases taken against the Minister for Defence are managed on behalf of the Minister for Defence by the SCA, and Employment Law matters taken against the Minister for Defence are managed on behalf of the Minister for Defence by the CSSO. The number of Personal Injury and Employment Law cases received in each year from 2016 to 2020, and up to 30 June 2021 are outlined in the table below.

Case Type Received in 2016 Received in 2017 Received in 2018 Received in 2019 Received in 2020 Received in 2021 (up to 30 June 2021)
Personal Injury Cases 112 117 220 170 83 47
Employment Cases 13 17 27 9 12 10
Total 125 134 247 179 95 57

The Deputy will be aware that a case does not always start and finish in the same calendar year, and in some instances the cases can run over a number of years. The figures provided above show the number of new cases received in each of the years 2016 to date. The total number of Personal Injury and Employment Law cases that are ongoing as at 30 June 2021 is 539 cases.

Since 2016 there have been 23 complaints made to the Workplace Relations Commission (WRC), with the Minister for Defence listed as the Respondent in all such cases. Complaints made may originate from either the Defence Forces personnel or civilians. The Chief State Solicitor's Office is responsible for the State's legal representation for complaints lodged with the WRC. These are set out in the table below.

Case Type Received in 2016 Received in 2017 Received in 2018 Received in 2019 Received in 2020 Received in 2021 (up to 30 June 2021)
Workplace

Relations Commission (WRC)
3 6 4 1 3 6

In addition, the Civil Defence which operates at national level under the Department of Defence, has advised that 3 Public Liability claims and 1 Personal Injury claim were received in the period from 2016 to date.

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