Dáil Éireann Debate, Wednesday - 3 July 2024
55. Deputy Patrick Costello asked the Tánaiste 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]
Amharc ar fhreagra56. Deputy Patrick Costello asked the Tánaiste 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]
Amharc ar fhreagraI 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.
