§ Mr. Robert McCartneyTo ask the Secretary of State for Northern Ireland (1) what power he has, when convicted criminals initiate actions for damages against the Government or their agencies, to commence a counterclaim for(a) the costs to the state of the criminal's activities, (b) any moneys incurred by the state to aid or recompense their victims and (c) the costs of their trial and any legal aid; and if he will make a statement; [16743]
(2) how many claims for recompense his Department has commenced against convicted criminals in the last five years; and if there is a standing instruction to pursue this option in suitable circumstances. [16744]
§ Sir John WheelerMy right hon. and learned Friend has no power to counterclaim against a convicted criminal who has initiated an action for damages against the Government or their agencies, except in the exceptional case where the Northern Ireland Office itself would be entitled to claim—for instance, where a criminal's activities had damaged Northern Ireland Office property.
However, regardless of whether a convicted criminal is claiming damages against the Government or their agencies, the Secretary of State may apply to the county court for an order directing the offender to reimburse an amount equal to the whole or part of any compensation, paid or payable under the criminal compensation legislation, which is directly attributable to the offence of which the offender was convicted.
645WThe total value of such recoveries under the criminal damage and criminal injuries schemes, over the last five years, is as follows:
- 1990–91: £65,000
- 1991–92: £182,000
- 1992–93: £232,000
- 1993–94: £246,000
- 1994–95: £376,000.