Dáil Éireann Debate, Tuesday - 11 June 2024
206. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the status of State indemnity for public liability insurance in an instance where a lease would be signed by the OPW with a landowner (details supplied); how the State insurance would indemnify the area covered by the lease or licence; and if he will make a statement on the matter. [24640/24]
Amharc ar fhreagraAs a delegated State Authority (DSA), The Office of Public Works (OPW) avails of the State Indemnity (General Indemnity Scheme (GIS)) operated by the State Claims Agency (SCA). State authorities, whose claims are delegated for management by the State Claims Agency, do not have conventional insurance cover in respect of the liabilities arising from these claims. Instead, they operate under State Indemnity, a self-insurance model, whereby the State authority retains the costs of claims. The indemnity extends to claims for compensation for loss of life or personal injury or loss of or damage to third party property occasioned by the act, omission or other matter constituting a cause of action against the OPW. State indemnity operates in lieu of commercial employers liability, public liability and third party property insurance. There is no limit to the level of indemnity.
In the case of the property referred to by the Deputy, the State has indicated that, where a landowner and the OPW enter into an agreement, the GIS will extend to cover the OPW for its use of the property. The GIS will also provide an indemnity to the landowner in respect of claims for compensation for loss of life or personal injury or loss of or damage to third party property occasioned by the act, omission or other matter constituting a cause of action against the OPW.
