Details of Council’s personal injuries costs belong to all of us

This is absolute balderdash.

And it’s not because Kerry and Kilkenny shared the distinction in 2023 of being the two top locations for personal injury compensation awards against their local authorities in all of Ireland.

No. The cause of my utter frustration is that the local authorities, including our own headquartered in Tralee, are still refusing, point-blank, to break down the compensation payouts, which in 2023 hit €4.5m, in a manner that would vindicate the public’s right to know.

(In this context it bears mention that the public comprises the SOVEREIGN people of Ireland, the bosses of this here republic. It’s worth reminding ourselves about that every so often, and also reminding those running the show on our behalf).

The merits or otherwise of compensation claims against the local authority can’t be decided here – that task properly rests with the courts. And any private settlements agreed upon, which obviously are not subject to court adjudication, are matters for the parties involved.

No problem there.

But that does not mean we should be denied the details of the payments made to claimants. In line with the democratic principles of openness and transparency, we should know the names, dates, precise claims and payouts.

Crucially, also, we should be told what all this is costing in legal fees.

How much is it costing Kerry County Council, internally and externally, to equip itself with the necessary professional skills to manage these personal injuries claims?

And, when a compensation sum is agreed, how much more does the Council pay out in legal fees to those lawyers, solicitors and barristers, working for the claimant?

We, as the public, are entitled to this information, and in such detail, because we’re paying the bill. Simple as.

This is public money, scarce money, forced out of our pockets through the coercive power of the State. That’s fair enough. But there is zero justification in withholding information from the public about where all that money goes.

Say for example that an imaginary Ger Something-or-Other fell on Main Street, broke his ankle and sustained serious injuries, all because the Council botched the repair of the footpath. And then, imagine that this man’s lawyers negotiated a payment of around €54,000 in compensation, plus costs.

Now, what is the problem with telling us who the claimant is, the injuries claimed, the settlement arrived at and the reasons why, and the legal fees to the claimant’s lawyers and the costs to the Council?

Who could possibly object to that information going public, annually, on a list pinned on the main door of the Council’s HQ? (Well, maybe in an ad in Kerry’s Eye where it would get widespread attention and give the reader time to study the details?)

Seriously though. Are we to suppose that the claimants might object? Well, if they’re so concerned about their privacy, then let them not be taking claims in the first place.

Would the objection be coming from lawyers? Sure they couldn’t possibly object given that all their fees are correct and accounted for, and therefore would not be subject to any reasonable criticism.

So, if we rule out the claimants and the lawyers as having any proper objection to all data provided to the public, we’re left with the local authorities.

And, it’s impossible to conceive circumstances where they might object to all compo-case details being released – unless, of course, the nature of the claims (failure on their part to do this or that, properly or at all???) would embarrass the local authorities through exposure for incompetence, delay or dereliction?

That’s hardly the reason, is it? Surely not.

Whatever the reasons are, they need to be confronted and set aside.

And then, let the information flow to all of us who have the right to know.