Written Answers Nos. 853-872
854. Deputy Alan Kelly asked the Minister for Justice how much her Department and the International Protection Appeals Tribunal spent on external decision-making services in each of the years 2021, 2022 and 2023. [12188/24]
View answer858. Deputy Alan Kelly asked the Minister for Justice how much external service providers were paid per decision in each of the years 2021, 2022 and 2023 and if the payment is subject to withholding tax. [12192/24]
View answer859. Deputy Alan Kelly asked the Minister for Justice if there has been a request for additional or increased payment by service providers to her Department in each of the years 2021, 2022 and 2023. [12193/24]
View answer860. Deputy Alan Kelly asked the Minister for Justice how much her Department and the International Protection Appeals Tribunal spent on translation services in each of the years 2021, 2022 and 2023. [12194/24]
View answerI propose to take Questions Nos. 854, 858, 859 and 860 together.
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
The Tribunal currently consists of 6 whole-time members (including the Chairperson and 2 Deputy Chairpersons) and 57 part-time members.
Members of the Tribunal, appointed by the Minister for Justice for a term of 5 years, consider appeals and make decisions in respect of the various matters that come before the Tribunal. They are the only persons engaged to make decisions on matters that fall within the jurisdiction of the Tribunal. All Tribunal Members are either barristers or solicitors with a minimum of five years’ professional experience, and are appointed following selection by the Public Appointments Service.
All Tribunal Members receive extensive induction training when they are first appointed and engage in regular training throughout each year.
Administrative staff of the Tribunal are civil servants and currently assigned to the Tribunal from the Department of Justice in accordance with s.61(4) of the International Protection Act 2015.
The International Protection Appeals Tribunal (IPAT) uses an interpretation service provider for hearings where necessary.
The table below details amount spent on member fees, interpretation and translation costs by the IPAT in 2021, 2022 and 2023.
|
IPAT - Member of Tribunal Fees |
|||
|
2021 |
2022 |
2023 |
|
|
€'000s |
€'000s |
€'000s |
|
|
Member of Tribunal Fees* |
490 |
652 |
833 |
|
IPAT - Interpretation Costs |
|||
|
Interpretation Costs |
18 |
67 |
68 |
|
IPAT - Translation Costs |
|||
|
Translation Costs |
- |
- |
2 |
*Payments are chargeable to income tax under Schedule E
The table below details amount paid to tribunal members per decision in 2021, 2022 and 2023.
The fee per appeal paid to a part-time member of the International Protection Appeals Tribunal to deal with a case is based on a fixed amount per appeal with reference to the type of appeal and related factors. The fee schedule is set out in the following table:
|
Appeal type |
Fee amount€ |
|
Single Procedure Oral Hearing |
|
|
Principal Applicant |
730 |
|
+ Spouse or Partner case similar |
1095 |
|
+ Spouse or Partner case different (Full fee €730) |
1460 |
|
Single Procedure – Papers only Appeal |
|
|
Principal Applicant |
490 |
|
+ Spouse or Partner case similar |
735 |
|
+ Spouse or Partner case different (Full fee €490) |
980 |
|
Inadmissibility or Subsequent Appeal |
|
|
Principal Applicant |
365 |
|
+ Spouse or Partner case similar |
546 |
|
+ Spouse or Partner case different (Full fee €365) |
730 |
|
Withdrawn/Postponed |
|
|
Withdrawn Prior to Hearing |
245 |
|
Withdrawn Post Hearing |
490 |
|
Postponement – Day of Hearing |
245 |
|
Accelerated Appeal (on papers) |
|
|
Determination |
248 |
|
+ Spouse or Partner case similar |
372 |
|
+ Spouse or Partner case different (Full fee €248) |
496 |
|
Dublin Regulation |
|
|
Oral Hearing |
315 |
|
Oral Hearing – Spouse or Partner case similar |
473 |
|
Oral Hearing – Spouse or Partner case different (Full fee €315) |
630 |
|
On Papers |
166 |
|
On Papers – Husband & Wife similar cases |
249 |
|
On Papers– Husband & Wife different cases |
332 |
|
No Show / Withdrawal |
137 |
Fees are paid upon the issue of the Tribunal’s decision to the appellant. Fees are subject to relevant deductions where applicable at source under the PAYE system i.e. tax, PRSI, the Universal Social Charge and, where applicable, pension related deductions. Travel and subsistence expenses is payable in respect of hearings and other Tribunal business transacted at locations other than at the Tribunal’s offices (Dublin). Fees are payable at current Department of Public Expenditure, NDP Delivery and Reform approved rates.
A submission was made in October 2023 to the Department containing proposals for a revision of the fee structure applicable to appeals coming before part-time members of the Tribunal. The submission is under consideration.
856. Deputy Alan Kelly asked the Minister for Justice when retaining external decision-making service providers, how much her Department and the International Protection Appeals Tribunal spent on couriers and An Post in transmitting papers to the service providers in each of the years 2021, 2022 and 2023. [12190/24]
View answer863. Deputy Alan Kelly asked the Minister for Justice how much her Department and the International Protection Appeals Tribunal spent on facilities; and how much they spent on online hearing facilities, respectively, in each of the years 2021, 2022 and 2023. [12197/24]
View answerI propose to take Questions Nos. 856 and 863 together.
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
As part of the ongoing modernisation of the international protection process, IPAT’s operational capacity is currently being significantly expanded to meet their increased caseload. A budget for 2024 of €9.23m has been provided for IPAT, which represents a significant increase on the €5.99m agreed for 2023.
Throughout 2023 and to date in 2024, the Tribunal has continued to conduct hearings both on-site and by way of remote audio-video technology, with the majority of hearings in 2023 (over 89%) having taken place via remote audio-video technology. The Tribunal also decides certain appeals on the papers, i.e. without an oral hearing.
The table below details how much was spent on on-line hearing facilities in 2021, 2022 and 2023.
|
IPAT Online Hearing Facilities Costs |
|
|
2021 |
€5,082.00 |
|
2022 |
€6,199.20 |
|
2023 |
€4,833.90 |
The table below details how much was spent on IPAT facilities. Please note that as IPAT share a building managed by the Department, the Department pays facilities costs for the building. The figures below therefore comprise office costs specifically incurred by IPAT.
|
IPAT Facilities Costs |
|
|
2021 |
€2,952.14 |
|
2022 |
€2,336.51 |
|
2023 |
€5,210.77 |
The table below details how much was spent by IPAT on couriers/ An post in relation to issuing papers to tribunal members papers in 2021, 2022 and 2023. Please note it is standard practice for Tribunal Members to collect papers in person from the IPAT office.
|
Couriers/ An Post In Relation To Getting Tribunal Members Papers |
|
|
2021 |
€4.61 |
|
2022 |
€25.82 |
|
2023 |
€0.00 |
861. Deputy Alan Kelly asked the Minister for Justice how many appeals were scheduled to be heard online and how many appeals were heard online, in each of the years 2021, 2022 and 2023. [12195/24]
View answer862. Deputy Alan Kelly asked the Minister for Justice how many appeals were scheduled for in-person hearings and how many in-person hearings were held in each of the years 2021, 2022 and 2023. [12196/24]
View answerI propose to take Questions Nos. 861 and 862 together.
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
As part of the ongoing modernisation of the international protection process, many innovations were developed in-house and introduced by the Tribunal team over the last number of years. This includes the use of audio video technology for Tribunal hearing.
The majority of hearings in 2023 (over 89%) took place via remote audio-video technology. The Tribunal also decides certain appeals on the papers, i.e. without an oral hearing.
The table below show the number of appeals that IPAT scheduled both online and in person, and the number of appeals heard online and in person.
|
IPAT Hearings |
|||
|
Online |
2021 |
2022 |
2023 |
|
Scheduled |
1214 |
1540 |
1870 |
|
Appeals Heard |
631 |
766 |
1008 |
|
Part Heard |
52 |
92 |
109 |
|
In Person |
2021 |
2022 |
2023 |
|
Scheduled |
955 |
341 |
221 |
|
Appeals Heard |
133 |
155 |
139 |
|
Part Heard |
16 |
5 |
12 |
The Tribunal records a high number of hearing postponements and analysis carried out for 2023 shows that in the majority of cases, the postponement was granted at the request of an appellant or their legal representative. Reasons for such postponements include technical issues preventing the appellant from participating in an audio video hearing, the need for additional time for a legal representative to prepare for the hearing or to obtain relevant documents, or when the legal representative was unavailable on the date scheduled.
The Tribunal continues to work with its stakeholders to reduce the number of postponements in order to further increase efficiencies in the delivery of its statutory mandate.
864. Deputy Peter Fitzpatrick asked the Minister for Justice if the sale of alcohol Bill 2022, which was to change the law and remove the extinguishment rule when trying to obtain a licence, has been approved; when this change will take effect; and if she will make a statement on the matter. [12201/24]
View answerThe General Scheme of the Sale of Alcohol intends to modernise our existing licensing laws in line with the expectations and needs of today’s society, and to encourage the development of a modern and diverse night-time economy.
The proposed legislation endeavours to strike a balance between maintaining strict controls and safeguards in relation to the sale of alcohol, while providing support to those involved in our night time economy. Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licencing. The General Scheme of the bill retains that approach and will ensure that the sale of alcohol remains closely regulated.
It is my intention to separate the Sale of Alcohol Bill into two Bills. Firstly, I intend to introduce the Intoxicating Liquor Bill 2024. This is a shorter Bill to introduce a number of key reforms contained in the Sale of Alcohol Bill 2022 to modernise our licensing system, including:-
• The standardisation of opening hours for pubs and off-licences.
• The introduction of an annual late bar permit and an annual nightclub permit.
• The inclusion of new grounds of objection in line with the Zero Tolerance Third National Strategy to Tackle Domestic, Sexual and Gender Based Violence.
• Strengthening of the powers of An Garda Síochána to ensure that public safety and order are maintained.
• To provide that licensing applications, which are currently heard in the Circuit Court, will move to the District Court.
• The inclusion of the provision for outdoor seating.
This shorter Bill will not include any alteration to the existing extinguishment requirements.
I hope to bring this legislation to the Houses of the Oireachtas shortly.
Work will continue to progress on the other provisions in the General Scheme of the Sale of Alcohol Bill 2022, which would be included in a second Bill, to modernise our liquor licensing laws thereafter.
865. Deputy John Brady asked the Minister for Justice to provide details of the number of gardaí who were committed to community policing in each of the past five years, in tabular form; and if she will make a statement on the matter. [12213/24]
View answer924. Deputy Imelda Munster asked the Minister for Justice the number of gardaí who worked in community policing in counties Louth and Meath, respectively, in each of the past five years. [12489/24]
View answerI propose to take Questions Nos. 865 and 924 together.
Community policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out across the country, and is fully commenced in ten Garda divisions.
The new model will provide more frontline Gardaí and increased Garda visibility, and will deliver a wider range of policing services for people in their local area. It will divide service delivery within divisions into four functional areas, one of the most important areas being Community Engagement. This will allow for a greater, more consistent, focus on community policing in all divisions.
The Garda authorities have advised that a member of An Garda Síochána can be deemed to be a ‘Community Garda’ where that person is allocated to a Community Policing Team (CPT) and is responsible and accountable for applying a problem–solving approach to appropriate crime and policing quality-of-life issues in a specified geographic area through partnership and engagement.
I very much welcome the new interactive map launched recently on the Garda website which is designed to allow the public to identify the local CPT in their area. This map will continue to develop in line with the continued rollout of the new Garda Operating Model.
While there are designated CPTs within An Garda Síochána, It is important to note that the number of Gardaí assigned to those teams is not an accurate reflection of the number of Gardaí who are carrying out community policing work on a daily basis around the country.
Community Policing Teams strategically manage and lead the development, delivery and evaluation of the Garda Community Policing Framework, and, as I have said, Gardaí assigned to those teams are deemed to be ‘Community Gardaí’. Like other Garda members they also have dual functions. In addition to their strategic roles in their Community Policing Teams, part of which requires them to regularly update their Community Engagement Superintendent on the policing needs of their community, and they are also frontline members.
However, it is important to note that CPTs draw on all frontline Gardaí to carry out community policing. Therefore, just because a Garda may not specifically be deemed a 'Community Garda' by virtue of the fact that they are not assigned to a Community Policing Team, that does not mean that they do not carry out crucial work in that area.
Given the organisational and structural changes outlined above which are a natural consequence of the introduction of the new Garda Operating Model, the provision of number of ‘Community Gardaí’ no longer gives an accurate picture of the number of Gardaí carrying out what was traditionally understood to be the role of the ‘Community Garda’.
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the distribution and stationing of Garda members throughout the State. As Minister, I have no role in such matters.
I am however assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.
For the Deputy's information, the number of Community Gardaí by Division from 2008 until February 2024 is published on my Department's website and can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/
Please be advised that this information is operational and may be subject to change.
866. Deputy John Brady asked the Minister for Justice if there are plans to address the issue of the high prevalence of complaints received by GSOC against gardaí; and if she will make a statement on the matter. [12215/24]
View answerAs the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is an important independent statutory body established under the Garda Síochána Act 2005. This independence is the hallmark of good oversight. I want to emphasise the vital role that GSOC plays in providing the necessary oversight of An Garda Síochána. As Minister I play no role in these independent functions.
Further, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including the training and discipline of Garda members. As Minister I have no direct role in these independent functions, nor can I direct the Commissioner in them.
As the Deputy may be aware, the new Policing Security and Community Safety Act 2023, which I brought forward last year, provides for a suite of new regulations to be made in relation to performance, conduct and standards of professional behaviour in An Garda Síochána. These regulations will replace the current Disciplinary Regulations. Under these new arrangements, the existing disciplinary system for members of An Garda Síochána will be replaced with a system that distinguishes between matters appropriate to behaviour constituting misconduct, and performance management, as recommended by the Commission on the Future of Policing in Ireland.
The required new processes in this area are currently being developed in consultation with An Garda Síochána and other relevant bodies, including GSOC.
867. Deputy John Brady asked the Minister for Justice to detail what is understood by her Department and the gardaí as constituting community policing; and if she will make a statement on the matter. [12216/24]
View answerCommunity policing is at the heart of An Garda Síochána, and all Gardaí have a role to play in community policing in the course of carrying out their duties. Community policing is also fundamental to the new Garda Operating Model which is currently being rolled out in all 21 Divisions, and is fully commenced in ten.
As the Deputy may be aware the Community Policing Framework was introduced by the Garda Commissioner in 2020. In developing the Framework, An Garda Síochána engaged with key stakeholders, internal and external, to identify the policing requirements of communities.
An Garda Síochána listened to the guidance from their oversight agencies and carefully considered the recommendations contained in relevant reports on delivery of a community policing service (Commission on the Future of Policing in Ireland’s report, ‘The Future of Policing in Ireland, 2018’; Garda Síochána Inspectorate Report, ‘Crime Investigation, 2014’ and ‘Policing with Local Communities 2018’; and the KC Consulting Report on Community Policing 2017).
The Framework is accompanied by Community Policing Framework Guidelines for each and every member of An Garda Síochána and Garda staff. The guidelines provide An Garda Síochána with key principles that must be adhered to in order to deliver an effective community policing service, responsive to the needs of a modern and diverse community.
As defined in the guidelines, Community policing is the provision of a policing service to the whole community, both urban and rural, through a partnership-based, proactive, problem-solving style of policing. It is focused on community engagement, crime prevention and law enforcement and addresses crime and policing quality of life issues affecting communities.
868. Deputy John Brady asked the Minister for Justice the strength levels of the Garda drug squad over the past five years, by county, in tabular form; and if she will make a statement on the matter. [12217/24]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended) the Garda Commissioner is responsible for the administration and management of An Garda Síochána, as well as, for decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
I am, however, assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities.
The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime. An Garda Síochána has been allocated unprecedented funding of over €2.35 billion for 2024 representing a 25% increase since 2020. This funding will allow for the continued recruitment of Garda members and staff.
I am advised by the Garda authorities that as of 29 February 2024, the latest date for when figures are available, there was a total of 13,930 Garda members nationwide. This represents an increase of almost 9% since the end of December 2015. In addition, the civilianisation programme has freed up almost 900 Garda members from back office work for front line policing work since 2015.
I am also advised by the Garda authorities that at the end of February 2024 there were 318 Garda members assigned to Divisional Drugs Units nationwide. This includes 270 Gardaí, 40 Sergeants and 8 Inspectors. This represents an increase of almost 38% since the end of December 2019 when there were 231 Garda members assigned to these units.
The table below, which was provided to me by the Garda authorities, sets out the number of Garda members attached to Divisional Drugs Units at the 29 February 2024.
|
Division |
Dec-19 |
Dec-20 |
Dec-21 |
Dec-22 |
Dec-23 |
Feb-24 |
|
D.M.R.S.C. |
17 |
10 |
6 |
4 |
15 |
15 |
|
D.M.R.N.C |
12 |
19 |
12 |
31 |
24 |
25 |
|
D.M.R.N. |
19 |
30 |
28 |
29 |
23 |
24 |
|
D.M.R.E. |
0 |
7 |
7 |
6 |
7 |
7 |
|
D.M.R.S. |
18 |
23 |
24 |
25 |
24 |
23 |
|
D.M.R.W. |
7 |
22 |
26 |
20 |
27 |
24 |
|
Waterford |
15 |
14 |
17 |
14 |
15 |
16 |
|
Wexford |
9 |
9 |
10 |
11 |
8 |
8 |
|
Kilkenny/Carlow |
5 |
7 |
11 |
8 |
7 |
8 |
|
Tipperary |
7 |
7 |
11 |
12 |
11 |
11 |
|
Cork City |
14 |
15 |
23 |
19 |
17 |
19 |
|
Cork North |
5 |
9 |
8 |
8 |
7 |
7 |
|
Cork West |
5 |
6 |
7 |
7 |
6 |
6 |
|
Kerry |
11 |
10 |
15 |
15 |
12 |
12 |
|
Limerick |
10 |
19 |
19 |
22 |
23 |
18 |
|
Donegal |
6 |
18 |
21 |
5 |
7 |
7 |
|
Cavan/Monaghan |
6 |
4 |
3 |
2 |
0 |
0 |
|
Sligo/Leitrim |
6 |
6 |
2 |
7 |
8 |
8 |
|
Louth |
4 |
13 |
14 |
11 |
11 |
11 |
|
Clare |
3 |
3 |
3 |
3 |
3 |
3 |
|
Mayo |
5 |
8 |
8 |
7 |
7 |
7 |
|
Galway |
9 |
9 |
8 |
10 |
21 |
21 |
|
Roscommon/Longford |
5 |
7 |
6 |
4 |
5 |
5 |
|
Westmeath |
8 |
7 |
5 |
7 |
6 |
6 |
|
Meath |
7 |
7 |
5 |
6 |
5 |
6 |
|
Kildare |
11 |
10 |
9 |
10 |
13 |
7 |
|
Laois/Offaly |
3 |
1 |
1 |
1 |
9 |
9 |
|
Wicklow |
4 |
6 |
6 |
7 |
5 |
5 |
|
Total |
231 |
306 |
315 |
311 |
326 |
318 |
Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.
869. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of a visa application by a person (details supplied) which was submitted some months ago leaving the applicant unable to travel for work; and if she will make a statement on the matter. [12223/24]
View answerThe application from the person referred to by the Deputy was approved on 5 March 2024.
The person concerned should make arrangements to register their permission with their local immigration office as soon as possible, if they have not already done so.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
870. Deputy Bernard J. Durkan asked the Minister for Justice when a person (details supplied) will receive their naturalisation certificate following their citizenship ceremony that look place on 19 December 2023; and if she will make a statement on the matter. [12224/24]
View answerI am advised by the Citizenship Division of my Department that a Naturalisation Certificate was issued to the person referred to by the Deputy on 18 February 2024.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
871. Deputy Catherine Connolly asked the Minister for Justice if she has received the final report of the Law Reform Commission's project on compensating the victims of crime, which was due to be delivered in 2023; her plans to publish the report; and if she will make a statement on the matter. [12234/24]
View answer872. Deputy Catherine Connolly asked the Minister for Justice the actions undertaken by her Department to ensure that all new staff in the Criminal Injuries Compensation Tribunal receive training in dealing with victims; if all new staff receive this training; and if she will make a statement on the matter. [12235/24]
View answer874. Deputy Catherine Connolly asked the Minister for Justice the number of cases currently waiting to be heard by the Criminal Injuries Compensation Tribunal; the average length of waiting times; the measures taken and planned by her Department to clear any backlogs; and if she will make a statement on the matter. [12237/24]
View answer875. Deputy Catherine Connolly asked the Minister for Justice the total funding provided to the Criminal Injuries Compensation Tribunal in each of the years 2021, 2022, 2023 and 2024; and if she will make a statement on the matter. [12238/24]
View answer876. Deputy Catherine Connolly asked the Minister for Justice the interim financial assistance that is available to victims of crime awaiting the outcome of their applications to the Criminal Injuries Compensation Tribunal; and if she will make a statement on the matter. [12239/24]
View answer877. Deputy Catherine Connolly asked the Minister for Justice the measures that are in place to ensure that applicants to the Criminal Injuries Compensation Tribunal are made aware in advance of costs arising from the tribunal process, particularly in regard to the furnishing of physical and psychiatric reports; the details of any financial assistance provided to applicants to ease the financial burden of providing such reports during the process; and if she will make a statement on the matter. [12240/24]
View answerI propose to take Questions Nos. 871, 872, 874, 875, 876 and 877 together.
With regard to the range of information the Deputy has sought regarding the operation of the Criminal Injuries Compensation Scheme I can provide the following information.
I have been advised that due to the need for the Law Reform Commission to prioritise its programme of work, its current focus in on completing the project examining the area of adult safeguarding. As a result, completion of the Commissions report on victim compensation has been delayed. The Law Reform Commission have advised that it is not possible to confirm a delivery date at this point for this report, though it will reassess potential delivery dates in June of this year. The Commission has further advised it will continue to liaise closely with, and will keep, my Department informed as this work progresses.
My Department continues to facilitate the provision of appropriate training being made available to the members of the Criminal Injuries Compensation Tribunal and to all staff members who work in the secretariat team supporting the Tribunal in its work. Arrangements are currently being made in relation to the provision of training supports in 2024. This is provided for in the Oversight Agreement in place between the Department and Tribunal.
Given that a core feature of its work includes interaction with victims of crime and/or their representatives, training undertaken by Tribunal members and staff includes a particular focus on this area. This is inclusive of arrangements made for new staff that join the Tribunal and its secretariat.
I should advise the Deputy that due to the inherent nature of the Criminal Injuries Compensation Scheme, it can take several years before an application for compensation is ready for submission to the Tribunal. The progress of a case can depend on requirements that are not time-limited and are outside of the control of the Tribunal, among them for example: the need for the Tribunal to await Garda, medical, actuarial or other expert reports and/or the need to wait the conclusion of separate court proceedings concerning the incident which is the subject of the claim. Also, under the Terms and Conditions of the Scheme, the Tribunal is fully independent in the determination of claims.
Noting these dependencies that can impact on the progress of a case, there is no readily available data on average length of waiting time. However I can advise the Deputy that each case is dealt with on its own merits taking account of the specific set of circumstances. Once the Tribunal secretariat has received all necessary required information on a claim so as to enable the Tribunal to make a fully informed determination on the application, a case file is forwarded to the Tribunal. It may also be the case that in their examination of the file the Tribunal member/s will seek further information from the applicant which may be required before a decision on compensation can be made.
Case processing time can also be affected by circumstances where an applicant is dissatisfied with an original decision of the Tribunal and the Scheme provides for an appeal process. This involves an oral hearing where the applicant, and or their representative, can further present their case which will be considered afresh by three Tribunal members not involved in the original decision.
Though there has been considerable progress in finalising cases in recent years, it is worth recalling that there was a significant backlog (aged cases) prior to operational reforms introduced to the Scheme in 2021. This backlog was primarily caused by budgetary difficulties experienced and an overall lack of resources available to administer the Scheme, including a limited number of active Tribunal members and a lack of staff resources. Since these 2021 reforms, there has been a significant reduction in the levels of aged cases in the system with over 2,000 files having been sent to the Tribunal for decision. As of 5 January 2024, the Tribunal secretariat have indicated that there were 1,159 files on hand awaiting a decision.
Though noting this progress, I can assure the Deputy that efforts will continue in 2024 to support the Tribunal in further eliminating aged cases.
The total funding allocation provided to and expenditure of the Criminal Injuries Compensation Tribunal for the years 2021-2024 is set out in the following table
|
Funding for Criminal Injuries Compensation Tribunal 2021-2024 |
||||
|
Year |
General Scheme allocation €m |
General Scheme expenditure €m |
Prison Officer Scheme allocation €m |
Prison Officer Scheme expenditure €m |
|
2021 |
€11.0m |
€2.3m |
€2.0m |
€1.5m |
|
2022 |
€11.0m |
€6.3m |
€2.0m |
€1.7m |
|
2023 |
€13.0m |
€7.5m |
€1.7m |
€1.2m |
|
2024 |
€5.0m |
€1.0m* |
€1.0m |
€0.2m* |
*as at 13 March 2024
In addition to above expenditure on awards made by the Tribunal under both the General Compensation Scheme and the Prison Officer Compensation Scheme, the following are the operational costs expended in the administration of the Schemes for the same period as above.
|
Operational costs Criminal Injuries Compensation Tribunal 2021-2024 |
|
|
Year |
Operational costs* €,000 |
|
2021 |
€310 |
|
2022 |
€403 |
|
2023 |
€361 |
|
2024 |
€67* |
*as at 29 February 2024
*please note these costs exclude any Department/Irish Prison Service staff related costs expended in the administration of the respective Schemes.
My officials will continue to monitor the funding and spending requirements of the Scheme to ensure that it operates effectively.
Generally payments of compensation made to an applicant under the Criminal Injuries Compensation Scheme by the Tribunal are in the form of one lump sum payment made at the end of the process following the Tribunal’s determination of the claim. However, the Tribunal has the facility, which it utilises as appropriate, to make an interim award to an applicant pending conclusion of the case.
Interim awards can be provided, for example, in cases where the Tribunal takes the view that an award is merited though a final award quantum is contingent on further information being provided to the Tribunal and may take time to produce. In such circumstances, the Tribunal may decide that an initial payment of an interim award is warranted. In circumstances where an applicant is in a position of needing financial assistance in order to be able to pay certain costs upfront (for example, to obtain reports which are required in support of their claim), then a request can be made to the Tribunal secretariat seeking re-imbursement for this. The secretariat can arrange for such a payment where this is deemed appropriate.
As the Deputy would be aware, the compensation available under the Criminal Injuries Compensation Scheme is intended to cover vouched out of pocket expenses incurred by the victim of crime. Examples of this are medical treatment, dental treatment, prescriptions, spectacles replacement, travel expenses to avail of medical/dental/optical treatment and loss of earnings to date and into the future, incurred, if any, as a result of the criminal injuries sustained. In addition, compensation may be payable to dependents of the victim in fatal cases.
As part of the process an applicant may, if applicable, also apply for any expenses that were incurred in obtaining medical or other expert reports to support an application to the Tribunal. Where required by the Tribunal, expert reports (for example: from medical professionals/actuaries) must be submitted from certified professionals who operate independently of the applicant. In certain cases the Tribunal itself may commission supporting expert reports directly to help inform its determination of an application made under the Scheme.
To assist the Deputy further, detailed information on the Scheme is available to all potential applicants on the Scheme’s dedicated website at www.gov.ie/criminalinjuries . This includes a questions and answers section designed for applicants which also highlights that in the event of further information being sought in relation to an application, contact can be made directly with the Tribunal secretariat.
