Paschal Donohoe (Dublin Central, Fine Gael)
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I am informed by the NTMA that the State Claims Agency (SCA) is mandated by statute to handle claims for compensation or damages for loss of or damage to property, by State-authorised actors, where such loss or damage has been occasioned by an act or omission constituting a cause of action by an affected third party. Thus, in cases where negligence causing damage to property is alleged on the part of a State-authorised actor, the SCA, where negligence has been proved, always seeks to settle such cases as expeditiously as possible. If, however, a State-authorised actor causes damage to property, such as, for example, the Garda causing damage to a third party’s property whilst forcibly entering a premises, on foot of a lawful warrant, a claim by the third party for the resultant damage will be declined by the SCA as the damage has not been negligently caused and cannot not give rise to a cause of action.

Catherine Connolly (Galway West, Independent)
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184. To ask the Minister for Finance if his attention has been drawn to the fact that the State Claims Agency does not maintain data on confidentiality/non-disclosure agreements as a result of legal settlement in respect of actions; the reason therefor; if it is intended that such information will be captured; and if he will make a statement on the matter. [60753/22]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am informed by the State Claims Agency that it is not the practice of the State Claims Agency to seek or introduce non-disclosure agreements in cases handled by it, save in very limited instances where an NDA is expressly requested by a plaintiff in any individual case. The National Incident Management System (NIMS) does not include the systematic capture of information on non-disclosure agreements given that they are a very rare event. While the SCA continuously reviews NIMS to ensure that its fields are aligned with information which is most likely to be required in support of its mandate, the value of tracking NDA agreements is low for the reasons outlined. 

In the very rare instance where an NDA has been requested by a plaintiff, this is recorded on the individual claim file for the awareness of SCA staff dealing with the particular file.