Latest news with #StateClaimsAgency
RTÉ News
22-07-2025
- Business
- RTÉ News
Govt to discuss checks on legal challenges to planning decisions
Businesses and individuals bringing legal challenges to planning decisions will face additional restrictions under changes being discussed at Cabinet today. Minister for Housing James Browne is reforming the area of judicial reviews in Irish planning amid Government frustration at delays in securing permission for large housing developments. It is understood that the "leave to apply" stage of the judicial review will be removed as it is believed this is not functioning properly as a screening measure for valid cases. The aim of the change is to save time and costs. In addition, all applicants must provide evidence of sufficient grounds and sufficient interest. The protected status of environmental NGOs to take judicial review proceedings is maintained. Greater limits will also be put on the number of amended grounds applicants may add to their judicial reviews. The new rules will only apply to decisions made under the Planning and Development Act of 2024. The section of the Act relating to judicial reviews will come into force on 1 August 2025. Separately, Mr Browne will bring a memo to Cabinet providing for nearly €74m funding for rural community water schemes. This will fund 291 projects nationwide, covering 63,000 households. The Cabinet will also hear that the Minister for Health Jennifer Carroll MacNeill will defer the introduction of health warnings on alcohol labels for two years. This is due to concerns raised about the impact of the move in the current global trading environment. The labeling requirement was due to come in next year but it is expected to be deferred until 2028. Meanwhile, Minister for Children, Disability and Equality Norma Foley will bring a memo to Cabinet to bring the Tuam intervention office under the indemnity of State Claims Agency. This will allow the State Claims Agency to handle any potential claims in relation to the Office of the Director of Authorised Intervention, Tuam. Minister for Enterprise Peter Burke will bring an action plan on market diversification for Irish exporters threatened by tariffs.
Sunday World
14-07-2025
- Sunday World
Retired boxer awarded €29k for Garda who crashed into him after breaking red light
Derek McGee had been hit at 'some speed and force' by the State-owned Garda vehicle. A retired boxer, said to have suffered multiple rib fractures in the ring, has been awarded €29,000 damages against the gardai who crashed into him after the State-owned car had broken a red light. Judge John Martin said he accepted Derek McGee must have been hit at 'some speed and force' for the Garda vehicle to have written off his commercial Range Rover. Barrister Conor Kearney, who appeared with Chris Horrigan of Blake Horrigan solicitors for Mr McGee, told Judge Martin that liability had been accepted by the State Claims Agency and the court was being asked to assess compensation for his client. garda chase News in 90 Seconds - Monday July 14th McGee, (40) of Landen road, Ballyfermot, Dublin, said that on 9th December 2022, he had been driving at Temple Street, West Dublin, when he had been struck by a garda car that had been driving along the Luas line and had struck his vehicle after having passed through a red light. He said he had the benefit of a green light at the time and his Range Rover, which had been struck on the driver's side, had afterwards been assessed and had been considered no longer roadworthy following the crash. All airbags had deployed in the accident. Mr McGee said he had suffered injuries to his back and neck and, in cross-examination by counsel for the Ministers for Justice and Finance and the Commissioner of An Garda Siochana, denied that a lot of his pain had arisen from multiple fractures to his ribs which he admitted he had suffered while boxing. Judge Martin said the court accepted Mr McGee had been involved in a heavy accident and had suffered pain in his neck and back, some of which persisted and which were entirely consistent with the incident. 'Mr McGee was not in the best of financial positions and I accept he could not afford physiotherapy and the cost of being in and out of doctors' clinics,' Judge Martin said. The judge said that in line with official guidelines for compensation he considered an award of €20,000 as appropriate for Mr McGee's back injury which he uplifted by €9,000 for the injury to his neck. He awarded Mr McGee his legal costs against the defendants.
Irish Times
06-06-2025
- Business
- Irish Times
State should ease ‘financial burden' for people facing heavy legal costs at public inquiries, report finds
The 'personal financial burden' of appearing before a Commission of Investigation should be eased by the State, the final report of the National Asset Management Agency (Nama) commission has said. The Commission of Investigation into the controversial sale of Project Eagle has called on the Government to change the 'strict' guidelines for covering the legal costs of those who appear before high-profile public inquiries. It said witnesses who 'diligently' give evidence, submissions and documents can end up in the 'very unfortunate situation' of having to personally pay high legal fees for their participation in the process. At the moment, the guidelines for legal costs under the Commissions of Investigation Act 2004 says witnesses can recoup some but not all of their legal fees. The current guidelines do not cover instruction fees, brief fees and legal fees incurred while making submissions. READ MORE In the case of the Nama commission, over two-thirds of the legal bills of the so-called 'bad bank' could not be recovered. It is understood that Nama's total legal costs reached €7.5 million, but it only received €2.4 million of that back from the commission. Thirty-six witnesses on behalf of Nama, including past and present employees, offered evidence and submissions over the seven years of the inquiry. All of these witnesses made claims for the payments of their costs. After assessing the claims for costs from Nama with the help of the State Claims Agency , the commission said it believed the current guidelines on legal costs would 'benefit significantly from review and updating'. 'Engaging with a Commission of Investigation can be an onerous task for private individuals, many of whom understandably seek legal advice and assistance in relation to their interaction with a Commission,' the commission stated in its final report to Taoiseach Micheál Martin . 'Witnesses who diligently provide detailed statements, attend to give evidence, provide documents and make submissions may find themselves in the very unfortunate situation of having to discharge significant fees personally due to the strict confines of the guidelines for payment of legal costs.' The commission, whose sole member is Susan Gilvarry, said Nama had tried to recoup 'substantial legal costs', but the commission wasn't able to consider or direct the recovery of any costs not set out in the current guidelines. It pointed out that the recovery of costs was less important in the case of Nama, where a state agency's costs are 'sought to be recovered from a Government department'. But it said that these 'discrete set of circumstances' would not apply in every case, so it recommended that the 'guidelines are revised and clarified to reflect the personal financial burden that witnesses or third parties may be subjected to by virtue of being requested to engage with a Commission of Investigation'. [ Department of Finance to wind down special bank shareholdings unit Opens in new window ] The Department of the Taoiseach did not respond to requests for comment. The report from the Nama commission said that its final costs, from the point it was established in June 2017 to April 2025, were €10.3 million. This included €4.6 million in legal fees, a salary cost of €1.75 million and administrative costs of €1.4 million. Since the late 1990s, the State has spent more than €600 million on tribunals of inquiry and commissions of investigation, including the €143 million Mahon/Flood Tribunal, the €85 million Commission to inquire into Child Abuse and the €83 million Moriarty Tribunal. In April, the billionaire businessman Denis O'Brien was awarded €5.8 million by the State Claims Agency for the legal costs he faced while a witness for the Moriarty Tribunal between 2001 and 2010.
Irish Daily Mirror
27-04-2025
- Health
- Irish Daily Mirror
Prison officers warned about risks of using pepper spray on inmates
A government paper on the use of pepper spray in jails warned that some prisoners would become more violent and that it should not be used on crowded landings, on females, or inmates with mental health issues. The paper was prepared by the Department of Justice against the backdrop of an overcrowding crisis and an increase in violence in Irish prisons. It said there was a case for incapacitant spray and that prison officers in Ireland were 'unique' among European jailers in not being allowed to carry 'defensive weapons or compliance tools'. The State Claims Agency – which manages compensation on behalf of the government – advised spray could be used by appropriately trained personnel in the right circumstances. It said their research showed it caused no long-term health effects and that its use by gardai had not led to any claims for damages despite being deployed around 1,000 times a year. However, the State Claims Agency said it was not without risk and after it was introduced, it could lead to an increase in 'use of force incidents'. The policy paper said: 'Where it is deployed too soon or too often this can have a detrimental effect on prisoners' perceptions of legitimate authority.' It said the use of spray would not work in every situation and that around 10% of people would be unaffected, and some would become 'more rather than less aggressive'. The research also said prisoners would try to prepare for its use against them when planning a violent act. The document said the Irish Prison Service would need to have an additional governance procedure for managing incidents. This would include healthcare for staff and prisoners as well as monitoring, debriefing, and secure storage of spray. It added: 'There are definite limitations on its use in certain circumstances: in crowded public areas; on female prisoners; on pregnant prisoners; in cases of passive resistance; on prisoners with mental health issues; on prisoners when at a height.' The policy paper was prepared last autumn with then Minister Helen McEntee giving the go-ahead for use of incapacitant spray. An accompanying submission said most jails were operating well above capacity with growing pressure from prison staff for personal protection. It detailed how at one stage the female prison in Limerick was at 150% capacity, the women's Dochas Centre at 124%, and the male facility in Limerick at 121%. The submission suggested that a pilot project take place, but legislation would be needed to use pepper spray. It said the State Claims Agency had said the increase in prisoner-on-prisoner assaults and an increased risk of injury to staff justified its introduction. Last week, it was reported Justice Minister Jim O'Callaghan would proceed with the plan with an announcement due in the next few weeks.
Irish Independent
27-04-2025
- Politics
- Irish Independent
Fears that Irish prisoners will become more violent if pepper spray is used in jails
The paper, released under the Freedom of Information Act, was prepared by the Department of Justice against the backdrop of an overcrowding crisis and an increase in violence in Irish prisons. It said there was a case for incapacitant spray and that prison officers in Ireland were 'unique' among European jailers in not being allowed to carry 'defensive weapons or compliance tools'. The policy paper was prepared last autumn, with then justice minister Helen McEntee giving the go-ahead for use of incapacitant spray. The submission suggested a pilot project take place, but that legislation would be needed for the introduction of pepper spray. It said the State Claims Agency had said the increase in prisoner-on-prisoner assaults and an increased risk of injury to staff justified its introduction. In the UK, children as young as 15 face being incapacitated with pepper spray after justice secretary Shabana Mahmood authorised its use at young offender institutions However, Department of Justice officials warned the project could take time. A note from one senior official said: 'I've spoken to the director general [of Irish Prison Service] about this and she is supportive. The need for legislation means the running of a pilot is some way off.' Last week, it was reported Justice Minister Jim O'Callaghan would proceed with the plan with an announcement due in the next few weeks. To enable the change, Mr O'Callaghan is preparing to amend the Firearms Act 1925 and the Prisons Act 2007 through the forthcoming General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. Under current legislation, only gardaí are permitted to use pepper spray. In the UK, children as young as 15 face being incapacitated with pepper spray after justice secretary Shabana Mahmood authorised its use at young offender institutions. The plan there has dismayed prison reformers, who say it will create further divisions between staff and minors in their care. The State Claims Agency in Ireland — which manages compensation on behalf of the government — advised spray could be used by appropriately trained personnel in the right circumstances. ADVERTISEMENT It said research showed it caused no long-term health effects and that its use by gardaí had not led to any claims for damages despite being deployed over 1,000 times a year. However, the State Claims Agency said it was not without risk and after it was introduced it could lead to an increase in 'use of force incidents'. The policy paper said: 'Where it is deployed too soon or too often this can have a detrimental effect on prisoners' perceptions of legitimate authority.' It said the use of spray would not work in every situation and that around 10pc of people would be unaffected and some would become 'more rather than less aggressive'. The research also said prisoners would try to prepare for its use against them when planning a violent act. 'Prisoners, in planned violence incidents, will try to protect against it and/or mitigate the impact of the spray,' said the paper. It said the Irish Prison Service would need to have a significant additional governance procedure for managing incidents. This would include healthcare for staff and prisoners as well as monitoring, debriefing, and secure storage of spray. It added: 'There are definite limitations on its use in certain circumstances: in crowded public areas; on female prisoners; on pregnant prisoners; in cases of passive resistance; on prisoners with mental health issues; on prisoners when at a height.' An accompanying submission said most jails were operating well above capacity, with growing pressure from prison staff for personal protection. It detailed how at one stage the female prison in Limerick was at 150pc capacity, the women's Dóchas centre at 124pc and the male facility in Limerick at 121pc. 'Throughout 2023 and to date in 2024, the Irish Prison Service has been operating above 100pc of overall capacity, reaching as high as 112pc, with certain prisons consistently experiencing overcrowding significantly beyond that,' it said. In the documents, there was a separate discussion about the use of batons on prison landings with a warning they had the potential to introduce more problems than they would solve. A report from the State Claims Agency was quoted, which said: 'There are a number of known and possible unknown, unintended consequences which could worsen the situation in relation to the risk of staff being assaulted by prisoners.'
