Michael Joe Cosgrave
Question:15 Mr. Cosgrave asked the Minister for Defence if he has satisfied himself with the current method of compensating soldiers who suffer injury while on duty; and if he intends changing the present practice.
Ceisteanna — Questions. Oral Answers. - Defence Forces Compensation Claims.
Tom Enright
Question:22 Mr. Enright asked the Minister for Defence the amount paid in compensation to soldiers who suffered injuries while on duty over the past four years.
Pat Rabbitte
Question:39 Mr. Rabbitte asked the Minister for Defence if he intends to introduce a system for dealing with compensation claims by members of the Defence Forces injured in the course of their duties similar to that now operating for the Garda; and if he will make a statement on the matter.
Michael Ferris
Question:41 Mr. Ferris asked the Minister for Defence if he will outline, in respect of court actions being taken against him by members of the Defence Forces in respect of compensation for injuries, differentiated as between Na Buan-Óglaigh, and the various reserves, (a) the number of such cases awaiting hearing, (b) the number of cases awaiting the issue of judgements, (c) the amount paid out by him each year from 1989 to date, (d) the number of actions these represented, (e) whether, in the light of the Gleeson report, and having regard to the Garda court compensation scheme, he proposes to change matters and (f) the subhead such expenditure is appropriated against in the Estimates; and if he will make a statement on the matter.
I propose to take Questions Nos. 15, 22, 39 and 41 together.
The total amounts paid from the Defence Vote over the last four years in compensation and costs as a result of civil proceedings by members or ex-members of the Permanent Defence Force in respect of injuries sustained on duty, other than injuries in road traffic accidents, were:
|
Year |
£ |
|
1988 |
1,181,000 |
|
1989 |
1,521,774 |
|
1990 |
1,851,704 |
|
1991 |
2,245,000 |
The number of actions represented by these figures was 30, 40, 55 and 74 respectively. The expenditure was appropriated against subhead BB2 in 1988 and subhead AA2 in the remaining years. The number of cases awaiting hearing is estimated to be about 150. Judgment is awaited in only one case.
A breakdown of the foregoing figures between Na Buan-Óglaigh and the First and Second Line Reserves is not readily available but it can be stated that only a very small proportion of claims would be from members of the reserves.
The Gleeson Commission examined the subject of compensation for injuries sustained by members of the Permanent Defence Force in the course of duty and recommended that a scheme similar to the Garda scheme should not be introduced for the Defence Forces. The commission did, however, consider that there may be a case for extending to the Defence Forces the same limited occupational injuries cover as applies to members of the Garda Síochána. That matter is being examined.
Under the Army Pensions Acts, a disability pension may be granted to a former member of the Permanent Defence Force who, on retirement or discharge from the force, is found by the Army Pensions Board to be suffering from a permanent disablement of not less than 20 per cent due to a wound or injury attributable to military service. Such a pension is payable whether the injury was accidentally or maliciously inflicted. Most disability pensions are granted in respect of accidental injuries. The cost of such pensions in 1992 will be approximately £3.5 million.
Does the Minister not accept, irrespective of what Mr. Gleeson said in his report, that it is fundamentally unfair that members of the Defence Forces and members of the Garda Síochána, who are often on duty together, are dealt with entirely differently under the law should they be involved in an accident or caught in the same unfortunate set of circumstances? Does he not accept that when they do fundamentally the same work on behalf of the State — protect the institutions and people of the State — they should be dealt with in a similar way? Finally, would he not accept that the system whereby every soldier who seeks compensation must heap blame on his superior officers and prove negligence has a debilitating effect on the morale of the force? This is not conducive to good morale within the Defence Forces.
I am not in a position to comment on the judgment the Deputy has made of the Gleeson report, but I know that the Gleeson Commission's recommendations and proposals were accepted and were very much a plus in the context of the Permanent Defence Force. For that reason I would be reluctant to comment on that bit of the report which the Deputy has taken out and criticised before having an opportunity to study it in greater detail. However, I will say that I was struck when reading my reply by the rather large sums of money which were paid out to members for injuries and under the pension scheme also.
May I ask the Minister if he is in a position to outline to the House how the number of cases for compensation more than doubled between 1988 and 1991 from 30 to 74? Is the Minister satisfied that Army personnel should have to pursue their cases in the civil courts when the Garda Síochána have a special facility within the force to deal with their compensation cases? What is the Minister going to do to ensure that compensation for soldiers is processed faster than has been the case in the past? In some instances cases can be on the civil list for up to five years and, as the Minister said, there are now 150 cases awaiting hearing. What does the Minister intend to do to relieve this problem?
I know that claims arising from ordinary road accidents can take many years to be heard. There is something very unsatisfactory about that. Quite frankly, I am not able to say why there were 30 claims in 1988 and 74 claims in 1991. I do not have a breakdown of the number which were at home or abroad. I might be able to make a deduction if I had those figures. I will see if there is any rationale for the increase in numbers and I will let the Deputy know the outcome.
I hope the Minister is aware that soldiers are demanding the same treatment as gardaí. With regard to the Second Line Reserve, the FCA, a member who is involved in an accident may not receive his weekly salary for a considerable period of time because the claim has to be processed through the civil courts. This can take up to two years in some cases. I ask the Minister to look seriously at this issue which is of serious concern to FCA personnel.
Is the Deputy referring to people who are serving full-time on the Second Line Reserve?
Part time personnel.
Some of them are on duty full time and I think they would get their salaries. I will look into the point made by the Deputy with a view to improving the situation, if that is possible.
I thank the Minister.
In view of the injuries inflicted on Irish soldiers who are on duty on UN missions, may I ask the Minister if the Department of Defence get payment from the United Nations for such compensation?
So far as I know they do, but I wish the United Nations would be a little more prompt in paying their debts in other respects.