Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 1 Jul 1986

Vol. 368 No. 8

Ceisteanna—Questions. Oral Answers. - Clare Inquest Recommendation.

17.

asked the Minister for Justice the action he proposes to take to comply with the wishes of the inquest jury regarding the payment of compensation to the family of a person (details supplied) in County Clare.

I understand that a claim for compensation has been lodged on behalf of the family concerned with the Criminal Injuries Tribunal, which is an independent body.

I, as Minister for Justice, have no function in regard to such individual applications, nor have I any funds available to me to pay compensation to the families of victims of tragedies such as this.

Do I take it that the wishes of the jury as expressed at the inquest into this tragic incident have no part in these proceedings, that the Minister has no jurisdiction and no responsibility to comply with the wishes of a jury? Is that the situation?

I want to assure the House, and the Deputy in particular, that I have the greatest of sympathy for the family in question. I want to make that very clear. As I have said, a claim for compensation has been lodged on behalf of the family with the Criminal Injuries Tribunal. That tribunal are an independent body who are not obliged to take any direction, or even advice, from me or anybody else. There is a statute on the basis of which the tribunal work and they must examine each case put before them on the basis of that statute.

In the case of the advice given by the jury in the matter to which the Deputy has referred, I note the rider that was added to the verdict. I can only say that in giving verdicts, juries like judges, must properly have regard to the field of action left open to them by law. That is all I have to say about that matter.

It is difficult to determine from the Minister's reply whether he has any funds at his disposal to meet the wishes of the jury. He will be aware of the tremendous distress, suffering and pain this family have already endured. It would be the wish of the jury, and of the community at large, that the family should be compensated. That was the wish expressed by the jury. Has the Minister any funds at his disposal, or is this just a pious wish on the part of the jury? Has the Minister any function in having funds at his disposal to meet the wishes of the jury?

As I pointed out in my original reply, there are no funds available to me from which I could pay compensation to the families of victims of tragedies of this kind. I say that as a matter of fact and I am not making any particular point about this case. I say it also as a matter of fact so that the Deputy can infer an answer to his own question about the status of the jury's opinion.

I am moving to questions nominated for priority.

Top
Share