I propose to take Questions Nos. 452 to 458, inclusive, together.
Given the closely related nature of these questions, it is appropriate to address them in a single, comprehensive response.
My Department's Litigation Branch manages and coordinates litigation claims and, in doing so, works closely with both the State Claims Agency (SCA) and the Chief State Solicitor’s Office (CSSO).
The Deputy will be aware that all claims for personal injuries taken by current and former members of the Defence Forces have been delegated to the SCA. The SCA manages and provides legal representation in relation to personal injury cases taken against the Minister for Defence. External legal costs incurred by the SCA arising from the defence of any claims managed by the Agency for my Department are refunded to the Agency by the Department.
Employment Law matters taken against the Minister for Defence are managed on my behalf by the Chief State Solicitor’s Office. The CSSO is responsible for the costs of the State's legal teams in the litigation cases that it manages on behalf of the Department.
The Department of Defence does not fund ab initio the taking of any legal action by a plaintiff.
However, in terms of plaintiff's costs, the Department of Defence will pay such legal costs if ordered by the Court or if costs are agreed between the parties in pre-trial settlement negotiations. In the absence of any agreement on costs between the parties, the issue can be sent for determination by the Court Service's Office of the Legal Costs Adjudicators.
The Department of Defence has a delegated sanction to approve settlement amounts to a certain threshold in employment law cases, above which specific written authorisation from the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation is required in advance.
The Department of Defence is required to ensure that Value for Money is obtained from available resources as outlined in the Public Spending Code, and to comply fully with the provisions set out in the Code. The Public Spending Code is the comprehensive set of expenditure appraisal, Value for Money requirements and related guidance covering all public expenditure.
In terms of any possible settlement in a litigation case, the Department seeks to engage with litigants on a case by case basis, where appropriate and subject to the receipt of appropriate professional legal advice, to determine if proceedings can be brought to conclusion without the need to proceed to a full and costly contested trial in every instance, with the attendant implications for public funds.
The table below sets out plaintiff legal costs paid by the Department for cases managed by the CSSO for the period 2021 to 2025 inclusive.
|
Year
|
Plaintiff Legal Costs
|
|
2021
|
€453,169.54
|
|
2022
|
€191,489.55
|
|
2023
|
€84,483.60
|
|
2024
|
€621,846.20
|
|
2025
|
€1,045,536.23
|
In respect of the costs arising from the settlement of cases, my Department is in daily contact with both the SCA and CSSO regarding the active management of litigation cases, with a focus on achieving the most equitable outcomes and the minimisation of costs wherever possible.
Any costs incurred within the litigation process are closely monitored and are subject to review, oversight, internal auditing and regular reporting within the Department and additionally to oversight by the Comptroller and Auditor General.
The table below sets out the number of cases managed by the CSSO that were settled for the period 2021 to 2025 inclusive.
|
Year
|
No. of cases settled
|
|
2021
|
6
|
|
2022
|
2
|
|
2023
|
17
|
|
2024
|
14
|
|
2025
|
11
|
