Latest news with #StateClaimsAgency
Irish Times
2 days ago
- 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.'
The Journal
24-04-2025
- Business
- The Journal
State pays Denis O'Brien €5.8m over legal costs related to Moriarty Tribunal
BILLIONAIRE BUSINESSMAN DENIS O'Brien has received €5.8m from the State Claims Agency for legal costs associated with the Moriarty Tribunal. O'Brien, a mogul in Ireland's communications and media industries, gave evidence at the tribunal on nearly two dozen occasions between 2001 and 2010. The Irish Independent has reported that the payment to settle O'Brien's costs application is the largest of its kind that has ever been given to a tribunal witness in the history of the State. The State Claims Agency, which is administering the large payment to O'Brien, is responsible for managing claims for costs that are taken against the State. A spokesperson for the agency said it 'does not comment on individual claims' when contacted today by The Journal . The costs claim relates to the Moriarty Tribunal, known formally as the Tribunal of Inquiry into certain Payments to Politicians and Related Matters. Advertisement The tribunal was established in 1997 to examine payments made to former Taoiseach Charles Haughey and to Michael Lowry, a former Fine Gael Minister for Communications and current independent TD for Tipperary North. It concluded that Lowry had an 'insidious and pervasive' influence over the awarding of Ireland's second mobile phone licence in the 1990s to O'Brien's company Esat Digifone. The 2011 tribunal report said that Lowry gave 'substantive information' to O'Brien that was 'of significant value and assistance to him in securing the licence' and said that O'Brien made two secret payments to Lowry in 1996 and 1999 totalling £500,000 and supported a loan of £420,000 given to Lowry in 1999. O'Brien rejected the findings of the tribunal, claiming it was grounded in 'opinions' and did not amount to findings of evidence, fact or law. Lowry claimed the tribunal's report was 'factually wrong and deliberately misleading'. An investigation by gardaí in the Criminal Assets Bureau following the tribunal's findings, which were published in 2011, has been ongoing for years. In January, gardaí confirmed that a file has been sent to the Director of Public Prosecutions on the matter. O'Brien and the State are currently being sued by Persona Digital Telephony Limited and Sigma Wireless Networks limited, who were unsuccessful bidders for the phone licence in the 90s. In January, a High Court judge issued an order to O'Brien in relation to document discovery in the case . With reporting from Jane Moore Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
RTÉ News
24-04-2025
- Business
- RTÉ News
Denis O'Brien received €5.8m from State Claims Agency for legal costs
Businessman Denis O'Brien has received €5.8 million from the State Claims Agency for his legal costs in relation to the Moriarty Tribunal dating back as far as 2001, it has been confirmed. The payment is a full and final settlement of his costs application, following an order by the tribunal in March 2021. It is understood that the payment, first reported in the Irish Independent, is the largest of its kind ever to a tribunal witness. The Tribunal of Inquiry into certain payments to politicians and related matters was established in September 1997, and examined payments to former taoiseach Charles Haughey and then-Fine Gael TD Michael Lowry. Chaired by High Court Judge Michael Moriarty, his first report was published in 2006 and dealt with the former taoiseach. It found that Mr Haughey received cash for favours and lived a life vastly beyond the scale of his earnings as a public representative. The Tribunal's second and final report was published in March 2011. It dealt with payments to Mr Lowry, and in particular his links with Mr O'Brien. Ireland's second mobile phone licence was awarded to Mr O'Brien's consortium Esat Digifone in 1995, when Mr Lowry was minister for communications. The Tribunal's report found it was "beyond doubt" that Mr Lowry imparted substantive information to Mr O'Brien, which it said was "of significant value and assistance to him in securing the licence". The report described Mr Lowry's role as "disgraceful and insidious". It also summarised payments to Mr Lowry made or facilitated by Mr O'Brien, totalling £447,000 and support for a £420,000 loan, as well as donations by Mr O'Brien or his companies to Fine Gael. The findings were strongly rejected by those at the centre of the conclusions. Mr O'Brien said the report was fundamentally flawed and insisted he never made any payment to Mr Lowry. Mr Lowry said the report was "factually wrong and deliberately misleading", adding that Mr Justice Moriarty's opinions were "not substantiated by evidence or fact". Mr Lowry's dealings with the tribunal came to an end just over a year ago when he reached a settlement over his legal costs. The 2011 report was referred by the government to An Garda Síochána, and the Criminal Assets Bureau began an investigation. Fourteen years on, it will now be for the Director of Public Prosecutions to decide if any criminal charges will be laid against any individual as a result. The final cost of the inquiry has still not been determined, but the latest figures published by the Government show that it has cost more than €71 million up to June last year.
