850 civil actions pending against Garda

Some 850 civil actions are pending against the Garda Síochána, according to figures released by the Minister for Justice, Mr …

Some 850 civil actions are pending against the Garda Síochána, according to figures released by the Minister for Justice, Mr McDowell.

They show that 750 cases including alleged assault and unlawful arrest, were outstanding up to the end of last year, and a further 111 cases have been initiated to date this year.

The figures for this year include 22 cases of alleged unlawful arrest and 37 of alleged assault.

Last year is the first for which a complete breakdown of cases is available, when 142 cases were initiated against the Garda.

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Of those, 34 were for alleged assault, 38 for alleged unlawful arrest and the 70 other cases included allegations of defamation and harassment.

Provisional figures also released by the Minister for last year show that €1.276 million was paid out in settlements and awards, while €559,044 had been paid this year to the end of October, including legal costs.

Amid criticism in the Dáil last week from the Opposition about the ongoing level of such cases against members of the Garda, Mr McDowell said one of the principal aims of the forthcoming Garda Síochána Bill was the establishment of a new mechanism for dealing with complaints against members of the Garda "that will secure public confidence and address the acknowledged shortcomings in the existing law and procedures on complaints".

The Minister said that the highest percentage of the civil actions were for assault and unlawful arrest and the majority "have been settled for far less than €25,500".

Labour's justice spokesman Mr Joe Costello pointed out that the largest proportion of the costs involved were legal costs because the majority of cases were settled at the door of the court.

He asked who decides that the majority of settlements take place at the last moment. He also wanted to know why "the taxpayer faces such a huge bill every year in respect of compensation cases arising from Garda misconduct of one type or another".

Mr McDowell said frequently cases were not settled at the door of the court but such settlements were an "endemic feature of Irish litigation practice". There should be "a proper case management system".

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times