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PAC32-R-2453 B Meeting 17/10/2019 Gniomhaireacht

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PAC32-R-2453 B Meeting 17/10/2019 Gniomhaireacht PAC32-R-2453 B Meeting 17/10/2019 Gniomhaireacht Bainistiochta an Chisteain Naisiunta National Treasury Management Agency An Ghniomhaireacht um Eilimh ar an Stat State Claims Agency I O October 2019 Ref: PAC32-l-1560 Ms Eilis Fallon Committee Secretariat Committee of Public Accounts Leinster House Dublin 2 Dear Ms Fallon I refer to your letter of 27 September last seeking information on the following: 1. A list of the organisations covered by the General Indemnity Scheme and the Clinical Indemnity Scheme I forwarded a list of State authorities, whose claims management functions have been delegated to the SCA under the General Indemnity Scheme or the Clinical Indemnity Scheme, to the Committee with my letter of 23 July last (Ref: PAC32-l-1522). For ease of reference I have attached this list at Appendix 1. 2. Details of what type of cover is provided and what is not covered under the Schemes. Under the General Indemnity Scheme {GIS) the SCA manages personal injury and third party property damage risks and subsequent claims/liabilities arising from negligent acts or omissions on the part of State authorities covered by the Scheme. This indemnity is for organisational risks including: personal injuries and property damage claims by employees, patients (arising from the provision of non-medical services), visitors and contractors, students, prisoners a·nd other users of State services which were the result of a negligent act or omission on the part of the relevant State authority. The indemnity provides for risks similar, but not identical to, those traditionally covered by employers liability (EL), public liability (PL), and third party motor commercial insurance. (:) Duga an Statchiste, Ce an Phoirt Thuaidl1, Baile Atha Cliath 1, DOl A9T8, Eire Treasury Dock, North Wall Quay, Dublin 1, D0l A9TB, Ireland '9 +353 1 238 4900 e +3531 238 4790 E) DX: 21 Dublin G) www.stateclaims.ie () [email protected] The following classes of claim are expressly excluded from the SCA's remit under the enacting legislation: • claims involving a question as to the validity of any law having regard to the provisions of the Constitution; • claims made in respect of infection, directly or indirectly, with Hepatitis C or the human immunodeficiency virus (HIV), or both, through the administration of blood or blood products or in respect of related matters; • claims in which certain torts other than negligence are pleaded. Other insurable risks which are outside the scope of the GIS include: • Personal injury claims arising from defects in products (i.e. product liability cover); State authorities' own property e.g. damage to their own vehicles, buildings insurance; Professional indemnity not involving personal injury or property damage; Directors and Officers liability/administrative negligence etc.; Employment practice liabilities; • Legal representation outside of liability claim; Personal accident insurance. Under the Clinical Indemnity Scheme (CIS), the SCA manages personal injury claims against healthcare enterprises arising from negligent acts or omissions associated with the provision of, or failure to provide professional medical services. The Scheme covers registered medical practitioners and dentists and other health professionals including pharmacists, nurses, midwives, paramedics, ambulance personnel and laboratory technicians. Healthcare enterprises or professionals who work wholly and under a contract of employment with such a healthcare enterprise do not need to put in place any professional indemnity arrangements. 3. Information regarding which legal costs are covered and which legal costs are not covered under the Schemes. The GIS and CIS are both self-insurance or "pay as you go" schemes, where the relevant DSA meets the costs of claims. As "pay as you go" schemes, solicitor and barrister, expert witness and other legal costs incurred in the management of a cla im are charged to the relevant State authority. Please do not hesitate to contact me if you require any further information in relation to the above. Yours sincerely Ciaran Breen Director Appendi>< 1 DELEGATED STATE AUTHORITIES COVERED UNDER THE GENERAL INDEMNITY SCHEME OPERATED BY THE SCA* Bodies that ore considered part of t/Jeir parent Deportment con be considered to be outomat'ico/ly delegated as part of tile relevant Minister's fu nccio11s. ;:;-- • . , Ministei-tor/Departmentaf ~--- . -. ~ I~-- ,---Mlnister)o'r/Depa~ent_o( - ~ ,- -. ·- Minister for/Department of : .; ~- . , • : . " · · · ·; Health ~ • ; , ·. 1 • "· •:' - • __ . _ , ' Fini!!lc~ .:._. ~ ·-' _ ~ __ '.. ~- - ~-- ---- .... ~ t... - - - - ----~• ---.J-~ ,_ _:.::. '.~..: . .____· Justic~~-r:idJquaHty , -< · ~ _ •• - Health Information & Quality Authority - Commissioner of An Garda Siochana - Revenue Commissioners - Health Services Executive Governor of a Prison (Irish Prison Service) - Appeal Commissioners - Adelaide & Meath incorp. Nat. Children's Hospital - Courts Service - Comptroller & Auditor General Beaumont Hospital Probation Service - Credit Union Restructuring Board - Cappagh National Orthopaedic Hospital - Charities Regulatory Authority - Irish Fiscal Advisory Council Central Remedial Clinic Criminal Assets Bureau - National Asset Management Agency - Coombe Women & Infants University Hospital - Data Protection Commissioner - National Treasury Management Agency Dublin Dental School & Hospital - Garda Siochana Ombudsman Commission Incorporated Orthopaedic Hospital, Clontarf - Garda Siochana Inspectorate . - Mlnister"f'or/DepartmentofPubllc .. • - Mercy University Hospital, Cork - Irish Film Classification Office , : ,. _____ 3 xpe~dit~re_and_ ~~f9r_!11 . · _ . ___ _., - National Rehabilitation Hospital - Insolvency Service of Ireland • Commissioners of Public Works in Ireland - Our Lady's Children's Hospital, Crumlin Legal Aid Board - Commissioners for Public Service - Peamount Hospital, Newcastle, Dublin Private Security Authority Appointments - Royal Victoria Eye and Ear Hospital - Private Security Appeal Board - Commissioner of Valuation - South Infirmary Victoria Hospital, Cork - Property Registration Authority - Houses of the Oireachtas Commission St. James's Hospital, Dublin - Property Services Appeal Board - Houses of the Oireachtas Service St. John' s Hospital, Limerick - Property Services Regulatory Authority - Office of the Ombudsman St. Michael's Hospital, Dun Laoghaire The Maclochlainn Commission of - Public Appointments Service St. Vincent' s University Hospital, Dublin Investigation - State Laboratory - The Mater Misericordiae University Hospital The O'Higgins Commission of Investigation - Valuation Tribunal The National Maternity Hospital, Holies Street The Rotunda Hospital, Dublin The Children' s University Hospital, Temple St. ~ '::' ;- C ' Mlnlster'.for/pepartment of-- -~-, - : .. Taoiseach/Departm'iintof :- •- - ~~ The Royal Hospital, Donnybrook, Dublin 2-.:,.,-.; •.: .E9!1£~tJo_!!_af1d Sl~ill~ _ • '._ .. _-2 .-. ______ -·- AnTa_oiseach '.,: __ :_<:_'..::..:;; Brothers of Charity Services IRL, incl. Congregation Boards of Community & Comprehensive - Central Statistics Office of the BoCS and Blue Teapot Theatre Company Ltd. Schools - Law Reform Commission Ca rriglea Ca irde Services CLG - Chomhairle Oideachais Gaeltachta & - National Economic & Social Council Cheeverstown House Limited Gaeiscolaiochta - National Economic & Social Development Cope Foundation Commission to Inquire into Child Abuse Office - KARE Promoting Inclusion for People with Grangegorman Development Agency - Office of the Attorney General Intellectual Disability - Higher Education Authority - Office of the Director of Public Prosecutions Muiriosa Foundation Limited - Irish Research Council - President's Establishment St. John of God Community Services CLG - National Council for Curriculum & - The Fennelly Commission of Investigation Stewarts Care Limited As sessment Sunbeam House Services CLG - National Council for Special Education ', · •. •·,,:·c Minister for/Department of .,'-, . ;,: The Children's Sunshine Home Qualifications & Quality Assurance En~rpr1s~ _<1nd !n11_e1v~tl~n .:.... :_:' Daughters of Charity Disability Support Services Ltd. Authority .. -~, B~ji_ness, Leopardstown Park Hospital Board Seirbh!s Oideachais Leanunaigh & • Companies Registration Office - Our Lady's Hospice and Care Services Scileanna (SOLAS) - Controller of Patents, Designs & Trade St. Patrick's Centre Kilkenny State Examinations Commission Marks - St. Michaels House Teaching Council - Director of Corporate Enforcement The Trustees and Governors of St. Vincent's Hospital Residential Institutions Redress Board - Employment Appeal Tribunal Fairview - Residential Institutions Redress Review • Equality Tribunal Committee - Labour Court Residential Institutions Statutory Fund - Labour Relations Commission (Caranua} - National Employment Rights Authority - Registrar of Friendly Societies :-::,~- ;: ··-·";i:liiilnlsterfor / Departn1ent'of ~.-. , -, •.•. " ·.•.· • : ~ iv11riisier tor/Department of ·, - '_' .- .. Mlnlsterfor/Department-of - . '.-:. -:_:,_Communications Climate Action an~ En~ironment : · _:. _. ; Foreign Affairs and Trade· . Rural and Community Developmept. __ ~ ;• ;· :.7 ~: 'Mfr1isie(for/Departmentof ;·;. ·. '.; .•. : ·. ;-Minister for/Department of --. ., · ·. • Minister tor/oepartment.ot -:-. ·:-.; -~. _· ':_ Emp.loymentAffalrs an'd. Sodai Pro~ctiqn ·_. r; ·- .: - C~il~r~n ~n_d_y~uth Affaj~ . • ~griculture, Food and the Marine • , - Office of Pensions Ombudsman Adoption Authority of Ireland - Aquaculture Licence Appeals
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