Dáil Éireann debate -
Wednesday, 5 Nov 1997

Vol. 482 No. 4

Priority Questions. - Hearing Impairment Claims.

Brian O'Shea

Question:

5 Mr. O'Shea asked the Minister for Defence if he will have a memorandum prepared for submission to Government on the financial implications of the growing number of claims by serving and former members of the Defence Forces alleging hearing impairment from unprotected exposure to gunfire in order to decide the way in which the public interest and the legitimate interest of those who are suffering from hearing impairment can be reconciled; and if he will make a statement on the matter. [18235/97]

Mr. M. Smith

I intend to submit a memorandum to the Government next week which will address the options open to us to deal with Defence Forces hearing loss litigation. I accept that central to the consideration of this issue is the reconciliation of the public interest and the right of those who have incurred a significant handicap through exposure to gunfire to reasonable compensation.

Mr. O'Shea

I take this opportunity to congratulate Deputy Michael Smith on his elevation to the office of Minister for Defence. In office he was always approachable, constructive and independently minded. I wish him well in what Deputy Frances Fitzgerald has already described as an interesting and exciting brief. I have no doubt he will have a successful tenure. I am glad this memorandum is going to Government so quickly. Will the options hinge on reducing the State's exposure to the processing of people's claims? Is there an estimate of the number of claimants who may emerge with valid claims?

Mr. M. Smith

It is impossible to answer that question. There are approximately 9,900 claims currently on file alleging hearing damage or handicap from exposure to gunfire. Approximately 872 of those have been settled. The average compensation in those cases is almost £22,000. However, £4,400 for plaintiff costs must be added to that figure. Some 220,000 men and women have served in the Defence Forces, the FCA, Slua Muirí, the Air Corps and the Naval Service. We do not know how many claims may be submitted.

The memorandum I will present to Government is not aimed at reducing the State's exposure to legitimate claims. I want to ensure that people who have served or are serving in the Defence Forces and who develop a significant handicap from exposure to gunfire will always have the right to make a legitimate claim. However, I am concerned at some of the court awards which appear to be considerably higher than those obtaining in other jurisdictions for the type of hearing handicap which most people accept is not of an injurious nature. I am working with my colleague, the Minister for Health and Children, to establish an expert group which will develop hearing assessment criteria on which future cases can be judged.

I accept that in the past handicaps were associated with exposure to gunfire. The State is open to liability in such cases and we will respond to legitimate claims as far as possible. It is also important to determine such claims on a fair basis rather than on the criteria which apply in other jurisdictions.

Mr. O'Shea

I compliment the Minister on making rapid progress on this agenda in the short time he has been in office. We all support the legitimate claims for compensation by those who have suffered hearing impairments. It appears that 100 claims are still being received each week, while the average level of settlements and costs has decreased. Is that correct?

Mr. M. Smith

There were 2,394 claims prior to 1996, but last year this rose to 5,164, which is approximately 100 claims per week. That represents an avalanche compared to 1993 or 1994. Some of the awards granted by the courts in recent cases have been lower than those in earlier cases. However, the Deputy must bear in mind that 25 or 26 cases were defended and the claims withdrawn. These experiences may have helped to determine awards similar to those at international level.

Mr. O'Shea

Has a decision been made about the composition of the expert group, which is being set up in co-operation with the Minister for Health and Children? How soon will it be in place and how long will it take to carry out its work?

Mr. M. Smith

The composition of the expert group has been established, but its first meeting has not yet taken place. I do not expect the experts to require more than two to three months to advise me on what significant hearing handicaps could arise in different circumstances. There are many features of hearing handicaps. Sometimes one must speak once or twice before a number of people in this House, who have not been exposed to gunfire, hear what is being said.

An Ceann Comhairle

As the time for priority questions has expired, we cannot take Priority Question No. 6. Only Priority Questions Nos. 4 and 5 can be taken in ordinary time. We will now take Question No. 7.

Ms Fitzgerald

I thought Priority Question No. 6 could be taken in ordinary time.

An Ceann Comhairle

No, only Priority Questions Nos. 4 and 5 can be taken in ordinary time. I remind the House that we spent 15 minutes on the first priority question and there is only 20 minutes for all priority questions.