7. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence if the Chemical Exposure Report 1994-2005 will be released in order to provide former members of the Air Corps who are now chronically ill with information relating to the level of exposure they suffered in view of his recent call for candour and transparency in cases regarding the health of persons; and if he will make a statement on the matter. (Question 20216/18 asked on 10 May 2018 - State Claims Agency)

Deputy Aengus Ó Snodaigh: This relates to a matter that has been ongoing for a while. Given the current controversy around the checks for cervical cancer, there is a need for transparency in publishing reports that will help people suffering health consequences so they can manage future health needs.
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86. Deputy Róisín Shortall asked the Minister for Finance the amount spent on solicitors’ fees, barristers’ fees, guardians ad litem and settlements in personal injury, property damage and clinical negligence claims dealt with by the State Claims Agency in tabular form; and if he will make a statement on the matter. (Question 20761/18 asked on 10 May 2018 - State Claims Agency Data)

Minister for Finance (Deputy Paschal Donohoe): The State Claims Agency (SCA) have supplied the information contained in the following table in response to the Deputy’s question. This table shows the transactional expenditure against Clinical and General claims which have been delegated to the State Claims Agency across all 146 delegated state authorities since inception in 2001. This information contained in the report is correct as of 9 May 2018.
Table on Total Expenditure by Payment Type:
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161. Deputy Catherine Connolly asked the Minister for Health the position in relation to the number of cases which have come under the remit of the State Claims Agency arising from the failure to inform women who had a smear test of the subsequent reinterpretation of their previous smear, or smears, as soon as this information came to hand; the number of proceedings initiated to date by those affected and-or their families; the number of cases already settled; the breakdown of those settlements; the damages agreed in each case; if exemplary damages were agreed in any case such as legal costs; if any of those settlements included a confidentiality clause; the status of outstanding proceedings; and if he will make a statement on the matter. (Question 20746/18 asked on 10 May 2018 - State Claims Agency)

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172. Deputy Sean Sherlock asked the Minister for Health to set down the number of non-disclosure agreements the HSE has entered into since 2016; the general health topic of the contract; the geographical area of the person involved; and if he was informed of each contract agreed. (Question 20286/18 asked on 09 May 2018 - State Claims Agency)

Minister for Health (Deputy Simon Harris): The State Claims Agency has advised that it settles very few claims on behalf of the HSE which are subject to a confidentiality agreement with the exception of cases settled through mediation. Part of the process of mediation is that parties are bound by a strict confidentiality provision contained in the mediation agreement. In the very rare case that the Agency agrees a confidentiality proviso, it is usually because of some extremely sensitive, contro...

195. Deputy Louise O’Reilly asked the Minister for Health if he will provide a list of all cases of misdiagnosis by the HSE in which the victim of the misdiagnosis has taken a case against the HSE and which the State Claims Agency manages; and if he will make a statement on the matter. (Question 20364/18 asked on 09 May 2018 - State Claims Agency Data)

Minister for Health (Deputy Simon Harris): The management of clinical negligence claims arising from the diagnosis, treatment and care of patients in public healthcare enterprises is delegated to the State Claims Agency which has a statutory mandate to investigate and manage these cases to completion. 
My officials have clarified with the Deputy that her question relates to claims in the past 10 years. They have also been informed by the State Claims Agency that this information is not readily ...

109. Deputy Barry Cowen asked the Minister for Finance the way in which the State Claims Agency manages individual cases; the person directly responsible for the running of the State Claims Agency in relation to individual cases; if the delegated State authorities have a say when cases are being managed; if there is transparency between the State Claims Agency and the delegated State authorities regarding the way in which individual cases are being managed; if delegated State authorities are informed of the details on cases that are been taken by the agency; and if he will make a statement on the matter. (Question 19908/18 asked on 08 May 2018 - State Claims Agency)

Minister for Finance (Deputy Paschal Donohoe): The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSAs) including the Health Service Executive. The SCA’s claims management objective is, while acting in the best interest of taxpayers in matters of personal injury and property damage litigation, to act fairly, ethically and compassionately in its dealings with people wh...

110. Deputy Michael McGrath asked the Minister for Finance the policy of the State Claims Agency in relation to non-disclosure and confidentiality clauses being included in circumstances in which settlements are reached in or out of court by the agency and a person taking a case against a State body in respect of cases managed by the agency; the number of such non-disclosure or confidentiality clauses that have been entered into by the agency or representatives on its behalf in each year since 2010 by delegated authority in tabular form; the overall value for each delegated authority for each year of the settlements in which such a clause was put in place; and if he will make a statement on the matter. (Question 20118/18 asked on 08 May 2018 - State Claims Agency)

Minister for Finance (Deputy Paschal Donohoe): The State Claims Agency (SCA) have advised me that it settles very few claims subject to a confidentiality agreement.
For the purposes of clarity the SCA also advise that a claim refers to notification of intention to seek compensation for personal injury and/or property damage where it is alleged the State was negligent. The application may be in the form of a letter of claim, an InjuriesBoard.ie application, or a written/oral request.
One particu...

122. Deputy Niall Collins asked the Minister for Finance the number of claims pending against the State Claims Agency at present by claim type, category and county in which the claimant is based; and if he will make a statement on the matter. (Question 19902/18 asked on 08 May 2018 - State Claims Agency Data)

Minister for Finance (Deputy Paschal Donohoe): In response to the Deputy’s question the State Claims Agency (SCA) have supplied the following table regarding active claims, broken down by Incident/Hazard Category recorded on the National Incident Management System (NIMS) as of 4 May 2018. The SCA advise that they do not record the county in which a claimant is located in a reportable manner on the NIMS. The table and the report excludes Property Damage Recovery Claims.
Table: Active claims rec...

164. Deputy Maurice Quinlivan asked the Minister for Education and Skills the numbers of the seven settlements made by the State Claims Agency to date as part of the ex-gratia scheme set up following a judgement (details supplied) that were as a result of physical abuse only. (Question 11904/18 asked on 20 Mar 2018 - State Claims Agency Data)

Minister for Education and Skills (Deputy Richard Bruton): In PQ 8152/18, I explained to the Deputy that because the type of abuse suffered by an individual is personal to that individual, the information can not be disclosed by any State body or organization holding that data. 
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119. Deputy Sean Fleming asked the Minister for Finance the position regarding the maximum compensation that can be paid in respect of a person with a lifelong enduring disability that has died as a result of negligence of the State; if this ceiling applies to persons that did not have a lifelong enduring disability; the role of the State Claims Agency in this matter; and if he will make a statement on the matter. (Question 6492/18 asked on 08 Feb 2018 - State Claims Agency Data)

Minister for Finance (Deputy Paschal Donohoe): The State Claims Agency manages personal injury claims, including fatality claims, on behalf of 146 State Authorities as delegated to it by the National Treasury Management Agency (Amendment) Act 2000 and subsequent delegation orders.
In fatal injuries cases, damages may be awarded under 3 headings: (1) loss of pecuniary benefits which could have been reasonably expected but for the wrongful act of the defendant; (2) reasonable compensation for ment...

401. Deputy Clare Daly asked the Minister for Health further to Parliamentary Question No. 418 of 30 January 2018, if the State Claims Agency maintains records in different formats of confidential settlements (details supplied) that are made in cases. (Question 5788/18 asked on 06 Feb 2018 - State Claims Agency Data)

Minister for Health (Deputy Simon Harris): While the State Claims Agency does not record details of confidentiality clauses on its IT system my Department has been advised that such details are captured on the paper records associated with settled claims. Furthermore, the Agency states that any related search would require a manual review of all paper files for the period 2010 to 2017. 
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95. Deputy Michael McGrath asked the Minister for Finance if a review has taken place in terms of the personal injury claims paid out by the State Claims Agency; the legal costs associated with the claims paid out; the actions taken to reduce the instances leading to personal injury claims; and if he will make a statement on the matter. (Question 4282/18 asked on 30 Jan 2018 - State Claims Agency Data)

Minister for Finance (Deputy Paschal Donohoe): The NTMA have informed me from 2010 to 2017 personal injury claim legal costs paid out on by the State Claims Agency (SCA) on behalf of state authorities and healthcare enterprises delegated to them was a little under €350 million for the Healthcare sector both Clinical and General and a little over €40 million outside of Healthcare for general claims only. 
The “risk universe” managed by the SCA includes over 200,000 State employees and all public ...

188. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount paid by each delegated State authority into the State Claims Agency in each of the years 2010 to 2017; the methodology used to calculate the amount to be paid by the delegated State authority; the amount received from scheme funds in the same period; and if he will make a statement on the matter. (Question 4480/18 asked on 30 Jan 2018 - State Claims Agency Data)

Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In response to the Deputy’s question, please see attached report as supplied to me by the State Claims Agency. I am advised that the information contained in this report has been extracted from the National Incident Management System and is contained in the following link.
[Reimbursements and Schemes]
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418. Deputy Clare Daly asked the Minister for Health further to Parliamentary Question Nos. 1018 and 1019 of 17 January 2018, if the State Claims Agency keeps a record of confidential settlements; and if so, the number of such confidential settlements that were made in each of the years 2010 to 2017. (Question 4240/18 asked on 30 Jan 2018 - State Claims Agency Data)

Minister for Health (Deputy Simon Harris): The State Claims Agency has advised that it settles very few claims which are subject to a confidentiality agreement with the exception of cases settled through mediation. The Agency does not formally record, on its IT system, the fact that any individual settlement is bound by a confidentiality clause. Therefore this information is not readily available. 
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188. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 282 of 16 January 2018, the amount of legal fees incurred by the State Claims Agency in respect of personal injuries claims in each of the years 2010 to 2017, by relevant State body, inclusive and exclusive of clinical personal injury claims; and if he will make a statement on the matter. (Question 3382/18 asked on 23 Jan 2018 - State Claims Agency Data)

Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In response to the Deputy’s question, I am advised by the State Claims Agency that the report, available at the following link, has been extracted from the National Incident Management System.
[National Incident Management System (NIMS) Extract].
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189. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 282 of 16 January 2018, the number of personal injury claims that the State Claims Agency has paid out on for each of the years 2010 to 2017, by relevant State body, inclusive and exclusive of clinical personal injury claims; the number of claims settled outside of court proceedings in each of these years; the number of claims settled as a result of a court judgement in each of these years; and if he will make a statement on the matter. (Question 3383/18 asked on 23 Jan 2018 - State Claims Agency Data)

Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In response to the Deputy’s question, I am advised by the State Claims Agency that the report, available at the following link, has been extracted from the National Incident Management System.
[National Incident Management System (NIMS) Extract].
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282. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount of money paid out by the State Claims Agency in respect of personal injury claims, including and excluding medical negligence claims, for each of the years 2010 to 2017, inclusive, by relevant State body the claims related to; and if he will make a statement on the matter. (Question 1476/18 asked on 16 Jan 2018 - State Claims Agency Data)

Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In response to the Deputy’s question, I have forwarded to him a report supplied to me by the State Claims Agency. I am advised that the information contained in this report has been extracted from the National Incident Management System. The report can be seen at 
[NIMS]
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587. Deputy Sean Fleming asked the Minister for Justice and Equality the situation regarding the maximum compensation that can be paid in respect of a person with a disability who has died as a result of the negligence of the State; if this ceiling applies to persons who did not have lifelong enduring disability; and if he will make a statement on the matter. (Question 1722/18 asked on 16 Jan 2018 - State Claims Agency)

Minister for Justice and Equality (Deputy Charles Flanagan): As the Deputy may be aware, claims taken against the State are managed by the State Claims Agency as set out in the National Treasury Management Agency Act 2000.
This is the responsibility of my colleague the Minister for Finance and for Public Expenditure and Reform and I have no role in the matter.
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81. Deputy Michael McGrath asked the Minister for Finance the number and value of claims paid out by the State Claims Agency in each the past five years; the number and value of claims that were settled out of court; the number and value of claims settled as a result of a court decision; and if he will make a statement on the matter. (Question 53740/17 asked on 14 Dec 2017 - State Claims Agency Data)

Minister for Finance (Deputy Paschal Donohoe): As the Deputy will be aware, the NTMA is designated as the State Claims Agency (SCA) when performing the claims management and risk management functions designated to it under the National Treasury Management Agency Act 1990, as amended. 
In answer to the Deputy’s question, I refer to material provided by the SCA and which is outlined in the tables. The material provided by the SCA covers the claims during the relevant period, and the report is cor...

128. Deputy Aengus Ó Snodaigh asked the Minister for Finance further to Parliamentary Question No. 129 of 14 November 2017, if his attention has been drawn to the fact that the State Claims Agency commissioned a retrospective report covering 1980 to 2007 to be carried out by the formation safety office Air Corps on much of Casement Aerodrome, Baldonnell, which was issued on 6 February 2014; if the State Claims Agency carried out actions on receipt of the report such as issuing findings to the Minister for Defence, the Health and Safety Authority, the chief of staff of the Defence Forces or Casement Aerodrome authorities; and if it withheld it for future use or not as it saw fit in legal proceedings being pursued against the State. (Question 53000/17 asked on 12 Dec 2017 - State Claims Agency)

Minister for Finance (Deputy Paschal Donohoe): The SCA have informed me that in answering question 129 of 14  November 2017 it interpreted the request to relate to its audit programme carried out by its Risk Unit. They have also informed me that in August 2013 on receiving a claim in which it was alleged that personal injuries were caused by exposure to toxic substances in Baldonnel, the SCA emailed Litigation Branch and Claims Administration asking that a Liaison Officer (L.O.) be appointed to...

141. Deputy Sean Sherlock asked the Minister for Finance if personnel employed by the State Claims Agency branch of the National Treasury Management Agency are eligible for bonus payments; and if so, the way in which these bonuses are structured and attained. (Question 51615/17 asked on 05 Dec 2017 - State Claims Agency)

Minister for Finance (Deputy Paschal Donohoe): The National Treasury Management Agency (NTMA) has informed me that it operates a discretionary performance-related payments scheme for eligible employees, which includes staff assigned to the State Claims Agency. The scheme rewards exceptional performance having regard to the employee’s own performance, the performance of the employee’s area of responsibility and the overall performance of the NTMA. Performance-related payments are made in accord...

57. Deputy Clare Daly asked the Minister for Health the number of maternity cases involved in the State Claims Agency damages payouts in 2016; and the total damages paid in maternity cases in 2016. (Question 48154/17 asked on 15 Nov 2017 - State Claims Agency)

Minister for Health (Deputy Simon Harris): The State Claims Agency (SCA) has provided the following information in relation to the number of maternity cases and the total costs paid in 2016.
 Year Number of Claims Total paid in damages €m   2016   100   69.94   

Note:
Maternity cases means all claims recorded under the location of ‘Healthcare’ and the speciality of ‘Maternity Services’ where costs were paid in 2016 and relates to acute hospitals and community care locations.
Th...

174. Deputy Clare Daly asked the Minister for Health further to Parliamentary Question No. 476 of 11 April 2017, if he will provide the actuarial models and estimates used to create projections of costs for the clinical indemnity scheme. (Question 48406/17 asked on 15 Nov 2017 - State Claims Agency)

Minister for Health (Deputy Simon Harris): I regret that it is not possible, for reasons of commercial sensitivity, to provide the information requested. The State Claims Agency advises that the contents of the actuarial reports commissioned by it, in respect of the operation of the Clinical Indemnity Scheme, includes very sensitive commercial detail which if published in any public forum could have significant detrimental effects on the Agency’s ability to settle claims, on best possible terms...

129. Deputy Aengus Ó Snodaigh asked the Minister for Finance the reason the State Claims Agency did not seek assistance from the Health and Safety Authority immediately when it discovered in 2013 and 2014 that serious and ongoing breaches of health and safety legislation, including lack of risk assessments, lack of chemical training and lack of personal protection equipment, were causing ongoing harm to personnel of all Air Corps ranks and none; and if he will make a statement on the matter. (Question 48048/17 asked on 14 Nov 2017 - State Claims Agency)

Minister for Finance (Deputy Paschal Donohoe): The NTMA have advised me that the State Claims Agency did not undertake audits in the Defence Forces in 2013 and 2014.
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437. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence the number of years the State Claims Agency has been auditing the Defence Forces. (Question 44987/17 asked on 24 Oct 2017 - State Claims Agency)

Minister of State at the Department of Defence (Deputy Paul Kehoe): The State Claims Agency have conducted Health & Safety Management System audits of the Defence Forces since 2006. These type of audits were completed in 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2015.
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