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Dáil
‹ Ceisteanna—Questions . Oral Answers . - Property Damage Compensation .

Compensation for damage from Army explosions

Summary

The Minister said claims involving property damaged while opening articles or vehicles containing explosives fall to local authorities under the Malicious Injuries code, while damage caused when no explosives are found may be compensated by the Army ex gratia. Leonard said residents’ claims after controlled explosions had been refused and sought a remedy; the Minister offered to investigate a specific case if details were sent to him.

Mr. Leonard

asked the Minister for Defence who is responsible for the payment of compensation for damage to property caused in carrying out controlled explosions by the Army Ordnance Corps.

Comment on this

(Dún Laoghaire): Claims in respect of damage to property caused by the Army Ordnance Corps in opening suspect vehicles, parcels, and so on which are found to contain explosives are appropriate for consideration by the local authority concerned, under the Malicious Injuries code. My Department settle, on an ex gratia basis, claims in respect of damage to property caused by officers of the Army Ordnance Corps in opening suspicious articles and vehicles which are found not to contain explosives.

Comment on this
Mr. Leonard

: Is the Minister aware that when the Army carried out a number of controlled explosions a number of properties were damaged and the local authorities have refused to meet the claim under the Malicious Injuries code? What can the people concerned do to ensure that they receive compensation?

Comment on this

(Dún Laoghaire): My information is that local authorities are involved where it is found that there were explosives when the property was damaged. If it did not contain explosives, the claim should be made to the Army and can be settled by way of an ex gratia payment.

Comment on this
Mr. Leonard

: Is the Minister aware that if the British Army were cratering roads, it would be paid for but, in this case, because it was a controlled explosion, neither the local authority nor the Department will contribute towards compensation.

Comment on this

(Dún Laoghaire): The Deputy is obviously referring to a specific incident and, if he communicates with me, I will have that matter investigated. I gave the information requested in accordance with general practice. There may be difficulties in individual cases.

Comment on this
Mr. Leonard

: I have contacted the Department and have made no headway. I tabled a parliamentary question in case the Ordnance Corps would be dealing with controlled explosions in future and there would be the same repercussions.

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