I propose to take Questions Nos. 1756, 1757, 1758, 1759, 1760, 1761 and 1762 together.
I am informed that the Department does not, as a matter of course, fund the legal costs of individual litigants, including employees, where they are involved in a dispute with the Department.
On occasion, and in keeping with legal advice and the State Litigation Principles, my Department may decide to settle a case. Such a settlement or resolution might include payment of, or a contribution towards, costs if this was judged appropriate in the circumstances of the individual case.
Any such settlement that is greater than my Department’s delegated sanction is subject to sanction from the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. Under delegated sanction my Department is required to ensure value for money as outlined in the Public Spending Code.
In respect of disputes which are not related to employment matters, indemnity for personal injury and third-property damage claims against my Department is operated by the State Claims Agency and the SCA takes over responsibility for managing and resolving the claim on the Department’s behalf, in line with its statutory mandate. Whilst the Department remains responsible for all damages and third party costs associated with settling the claim, it is a decision for the SCA whether claims are managed via alternative dispute mechanisms such as mediation. All settlement negotiations are the responsibility of the State Claims Agency, including payment of litigant legal costs.
The Legal Costs Management Unit of the State Claims Agency manages third-party legal cost claims on behalf of my Department however so incurred, as delegated by Government. It is responsible for managing all categories of third-party legal costs claims, whether they arise in the course of the agency's claims resolution work or separately. Any payment of legal costs to employees in settled claims or payments made as part of mediated processes is undertaken by the State Claims Agency and my Department would have a statutory obligation to reimburse these costs but does not pay these fees directly to the employee.
