Tusla file and State Claims Agency
Deputy Tóibín raised the case of Ms R, whose Tusla file contained false allegations, and objected to the State Claims Agency defending the case in a way he said contradicted Tusla's apology. The Taoiseach refused to discuss an individual litigation case, explained the agency's statutory remit, and said he did not know the details.
Last year, I raised the case of Ms R who had false information recorded on her Tusla file, including that she was an alcoholic. Tusla has admitted this was not true, Ms R got her son back and there has been a public apology. She is now taking a case against the State but she was shocked that the legal defence of the State Claims Agency is in contradiction with the apology issued by Tusla. She contacted the CEO of Tusla who agreed with her. Tusla contacted the State Claims Agency and told the agency that Tusla was not happy with the defence. However, the State Claims Agency is persisting with the original line of defence. This raises serious questions. How can the Government, Cabinet and State agencies hold their hands up and say, "We did wrong", yet this is ignored by State Claims Agency? This is the Government's policy of aggressive litigation in real time. I am not asking the Taoiseach to address the specific case, but will the Government stop the policy of aggressive litigation and align the State Claims Agency with what is right and just?
Comment on this
I cannot, and will not, comment on individual cases currently subject to litigation.
Comment on this
I am not asking the Taoiseach to do that.
Comment on this
I appreciate the Deputy is not asking me to do that. The remit of the State Claims Agency is clearly set out in law. Once cases are delegated to the agency, Government and Ministers have no role in the management of cases. That is not the case for every legal case but it is for those referred to the State Claims Agency. Its remit is set out in law and has been agreed by the Oireachtas.