Government departments and other State organisations were involved in litigation with another State body on 20 occasions between 2021 and 2023, according to information supplied to the Committee on Public Accounts.
The Dáil’s financial watchdog wrote to the Chief State Solicitors Office late last year to ask about the frequency of a State body being sued by another State body.
In response, the Chief State Solicitor Maria Browne said that a total of 20 cases were in litigation between 2021 and 2023.
There were 10 cases in 2021, seven in 2022 and three by the end of October 2023.
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Ms Browne said that the number of cases was a very small proportion of the total caseload handled by her office. She said that over 7,000 case files were opened by her office in those three years.
Of the cases taken by one State body against another, she said: “The majority of the cases are judicial reviews, applications challenging the underlying process of decision-making by the State or one of its emanations.
“In other cases, typically a State body brings proceedings to seek clarification from the superior courts on the proper interpretation of a legislative provision (in relation to areas such as adoption, for example), or brings proceedings to challenge a determination made affecting their property rights which they believe to be erroneous, or a complaint is made to a professional body by someone unhappy with a Medical Officer assessment.
“They include cases where a decision is being challenged and, by and large, where only the clarification of a court ruling will settle the matter.”
Ms Browne said there were no examples during those three years of Ministers suing Ministers.
She said: “Whilst the number of cases according to our records is a very small percentage of the overall cases that we handle, the State has taken measures to reduce and minimise the likelihood of such cases occurring.”
She said the Government had approved the adoption of a document named State Litigation Principles in 2023, which will act as a guideline for the conduct of litigation by the State.
“Principle 13 provides that where legal issues arise between public bodies, the State will endeavour, where possible, to resolve such disputes without recourse to litigation.”
She pointed out that there were many other public authorities and State agencies not covered by her office. She said they conduct litigation independently of the Attorney General. She said the Principles do not apply to them.
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