Written answers

Wednesday, 3 July 2024

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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55. To ask the Taoiseach and Minister for Defence the number of court cases in which the Defence Forces were a party in each of the past ten years; the length of time the cases have taken to be resolved; and if his Department has a policy of delaying cases as a legal strategy. [28535/24]

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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56. To ask the Taoiseach and Minister for Defence the number of court cases in which his Department was a party in each of the past ten years; the length of time the cases have taken to be resolved; and if his Department has a policy of delaying cases as a legal strategy. [28536/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 55 and 56 together.

The Department's Litigation Branch manages the administration of 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). It should be noted that Civil claims arising from incidents involving the Defence Forces are brought against the Minister for Defence and not the Defence Forces.

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 Table below sets out the number of cases opened in each year from 2014 up to 28 June 2024.

Year Received Total
2014 167
2015 158
2016 130
2017 135
2018 248
2019 179
2020 95
2021 104
2022 61
2023 71
2024 (up to 28th June) 36

There are numerous factors outside the Department’s control which may impact the length of time it takes to bring a case to conclusion.

This includes matters such as:

  • the Courts’ scheduling priorities,
  • the level of engagement of the plaintiff’s legal teams,
  • the complexity of individual cases,
  • the legal advices received,
  • the requirement for the retention of external expert witnesses,
  • requirements in respect of Discovery and other Motions brought within the case,
  • the exploration of and engagement in Mediation to resolve the proceedings by agreement between the parties,
  • the availability of Judges on assigned hearing dates,
  • the length of trials,
  • delays in the receipt of judgments from the courts following the hearing,
  • the consideration of appeals following judgments.
The above list is non-exhaustive but is indicative of the kinds of issues that arise in litigation cases, each of which will impact on the speed with which cases are brought, through the court system, to conclusion.

The information required to determine the duration of each litigation case, over the period in question, is not readily available.

However, it is important to state definitively and without any qualification, that the Department of Defence does not delay any litigation case as a ‘legal strategy’. On the contrary, each case is managed on its individual merits, with a view to either defending against the allegations raised or seeking a mutually acceptable resolution of the proceedings with the Plaintiff, as the case may be.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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58. To ask the Taoiseach and Minister for Defence for an update on capital investment undertaken in defence since July 2020; the major improvements provided by this; and if he will make a statement on the matter. [28646/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Capital investment in Defence is primarily directed at providing sufficient military capabilities, across land, air, maritime and cyber domains, to meet specific roles assigned to the Defence Forces. In the main, this investment is for the acquisition of defensive equipment and the construction or upgrade of barracks infrastructure.

Defence Equipment capital expenditure projects are often atypical, with long lead-in times and usually pursued over a multi-annual timeframe. The availability of comprehensive, internal capital planning frameworks, in the form of the Equipment Development Plan (EDP) for Defence Forces equipment acquisitions and the Infrastructural Development Plan (IDP) for Defence Forces Infrastructural projects, along with the establishment of a joint Civil-Military Capability Development Branch are key enablers within Defence capital planning processes.

Defence can point to a very strong capital expenditure spending record over recent years, with overall capital investment of €674 million incurred over the period from July 2020 to end-June 2024.

This level of capital investment has delivered significant improvements to Defence Forces capabilities over this timeframe, and has facilitated the progression of, inter alia, the following major Defence Forces Equipment & Infrastructural Projects –

  • The acquisition of two new C295 Maritime Patrol Aircraft;
  • The upgrade of the Defence Forces Armoured Personnel Carrier Fleet;
  • The supply of a Software Defined Radio capability to the Defence Forces;
  • The acquisition of a C295 W Military Transport Aircraft;
  • The acquisition of four new PC-12 Utility Aircraft;
  • The acquisition of two Inshore Naval Patrol Vessels;
  • The upgrade of the Defence Forces Transport Fleet;
  • The upgrade & refurbishment of accommodation at McKee Barracks;
  • The upgrade of the former USAC Student Accommodation Block, Renmore, Galway;
  • The upgrade of the Cadet School, DFTC;
  • The upgrade of accommodation at Collins Barracks, Cork;
  • The upgrade of accommodation at Naval Base, Haulbowline.
Under the 2021-30 National Development Plan (NDP), the Defence capital allocation will rise from its 2024 level of €176 million to €215 million in 2025 and €220 million in 2026, a level of increase which will bring the Defence allocation to its highest ever level. It will also ensure that the Defence Forces continue to undertake the roles assigned by Government, while also enabling the transformation of the Defence Forces in line with the objectives and timeframes set out in the Detailed Implementation Plan for the Report of the Commission on the Defence Forces.

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