Radiological Protection Act, 1991

Compensation.

42.—(1) The Minister may, after consultation with such other Ministers of the Government and other persons as he considers appropriate, pay compensation in respect of—

(a) death of or injury to a person providing assistance to the State on behalf of a requested state or organisation in accordance with the Assistance Convention, or

(b) loss of or damage to non-consumable equipment or materials related to the assistance,

except in cases of wilful misconduct by the persons who caused the death, injury, loss or damage.

(2) In the event of—

(a) death of or injury to a person providing assistance to another state on behalf of the State in accordance with the Assistance Convention, or

(b) loss of or damage to non-consumable equipment or materials related to the assistance,

except in cases of wilful misconduct by the persons who caused the death, injury, loss or damage, the Minister may pay compensation unless the requesting state concerned pays such compensation or indicates its intention to pay compensation for such death, injury, loss or damage.

(3) Where the Minister pays compensation under subsection (2) of this section he shall, in consultation with the Minister for Foreign Affairs, lodge claims with the requesting state concerned for reimbursement of the cost of such compensation.