asked the Minister for Justice if he will arrange for the Criminal Injuries Compensation Tribunal to sit in the larger provincial centres with a view to alleviating the cost of travelling and other expenses on the individual in having to travel to Dublin.
Ceisteanna—Questions. Oral Answers. - Criminal Injuries Compensation Tribunal.
31.
The Criminal Injuries Compensation Tribunal are not prohibited from sitting at a provincial centre but its members were selected because of their professional experience, and in particular their experience, of jury awards, so it has to be borne in mind that, as busy practitioners, they could not reasonably be expected to absent themselves from their own professional practice for long periods. Accordingly, while I think it is possible that they might decide occasionally to sit at a provincial centre, it is not a matter in which I would feel justified in making any suggestion to the tribunal.
As regards expenses, the scheme provides that the tribunal may at their discretion pay the necessary and reasonable expenses of witnesses. However, it is to be borne in mind also that the procedure of the tribunal is an informal one and many if not most of the cases are dealt with without requiring the personal attendance either of the applicant or of any other witness since the tribunal accept appropriate written statements and other documentary evidence.
If one wishes to have the tribunal sit in a provincial town, what procedure can he adopt to achieve this aim?
Paragraph 35 of the scheme provides that a decision by the tribunal on a claim may be taken in the first instance by a duly authorised officer of the tribunal where the amount involved does not exceed £250. Where a claim is for a sum greater than that or where the claimant is not satisfied with the decision of the officer concerned—the decision will normally be taken by one member of the tribunal—the case is usually decided on foot of the completed application form and other documentation submitted by the claimant. His appearance before the tribunal is unnecessary. However, the tribunal have discretion to hear any claim at a hearing before three of their members and a person who is dissatisfied with a decision given by one member may have his claim so heard also.
I do not think that answers my question which asked what procedure one could adopt in order to have the tribunal sit in a provincial town.
I have explained to the Deputy that this depends on whether the amount in question exceeds £250.
What happens when the figure is greater than that?
He can have the case decided before one member of the tribunal but if he is dissatisfied he can ask that the claim be heard by a greater number.
In the event of the tribunal saying that they will sit in Dublin and not in a provincial town, is there any right of appeal to the Minister on the part of the claimant?
The tribunal are independent in the discharge of their functions.