Michael D. Higgins
Question:23 Mr. M. Higgins asked the Minister for Defence the number, by rank and grade, of those on the Vote of his Department who are exclusively dealing with claims made for Army deafness. [23101/97]
Written Answers. - Hearing Impairment Claims.
Pat Rabbitte
Question:41 Mr. Rabbitte asked the Minister for Defence the number of cases taken by serving and former Defence Forces personnel for hearing loss which have been settled; the average amount paid in each case; the average legal cost in each case; if he has met the Law Society to discuss the question of legal fees; his views on whether the application of health and safety legislation to the Defence Forces would help avert these cases in the future; and if he will make a statement on the matter. [23092/97]
Frances Fitzgerald
Question:54 Ms Fitzgerald asked the Minister for Defence the further studies, if any, into hearing loss and handicap which should be undertaken in view of current information available to him on hearing levels among recruits. [23088/97]
Charles Flanagan
Question:65 Mr. Flanagan asked the Minister for Defence the discussions, if any, he had concerning the recent advertising by solicitors in relation to the deafness claims when he met the Law Society. [23079/97]
Frances Fitzgerald
Question:139 Ms Fitzgerald asked the Minister for Defence the cost of the Army compensation deafness claims to date in 1997; and the amount paid out in legal fees in 1997 in this regard. [23343/97]
I propose to take Questions Nos. 23, 41, 54, 65 and 139 together.
There are 29 members of the Permanent Defence Force and 19 civil servants dealing with personal injury claims from members of the Defence Forces alleging hearing impairment. Details are as follows: one commandant, five captains, two company sergeants, six sergeants, seven corporals, eight privates, one principal, one assistant principal, two higher executive officers, three executive officers, two staff officers (job-sharers), ten clerical staff (four of whom are job-sharers).
Some of the above also have responsibility for personal injury claims not relating to hearing impairment. In addition, there are 30 staff dealing with this litigation in the Chief State Solicitor's Office broken down as follows: one principal solicitor, 13 assistant solicitors, three law clerks, five clerical officers, five clerical assistants, one paperkeeper, one staff officer, one messenger.
At 30 November this year settlements had been reached in a total of 1,007 cases and court awards following hearing had been made in 28 cases. A further 29 cases were successfully defended or withdrawn. Compensation of £26.249 million and plaintiff costs of £4.492 million has been paid in respect of 1,064 cases finalised. Some 853 cases were finalised this year at a cost of £21.2 million in awards/settlements and £2.8 million in legal fees. The current average settlement is approximately £22,000 but this is within a wide range of awards and settlements from a low as £4,000. Total legal costs for the plaintiff in general are about 30 per cent of the award or settlement. As I said in the Adjournment debate on Wednesday, 10 December 1997, a rapid settlement policy whether by a tribunal or some other scheme would be effectively an unwarranted admission of liability. This would in turn have the effect of inducing many more claims. The present strategy of running selected cases is in fact producing results. A number of cases, albeit small, has been dismissed by the courts and more importantly the overall level of quantum has been reducing, particularly in this last legal term. Pending the production of the Irish handicap assessment system by the Department of Health and Children it is my view, and that of the Government, that current strategy should be continued at least in the short-term, for as long as it yields such results.
Since September 1990 a defence advisory committee, comprising military and civilian personnel, has monitored and directed a programme to ensure the comprehensive implementation of the provisions of the Safety, Health and Welfare at Work Act, 1989. Safety statements and safety representatives are now in place at unit level and 63 safety standards providing detailed technical safety guidelines on a wide range of general and specifically military activities have been completed and issued. Considerable resources have been made available for an ongoing programme of safety training.
There are procedures in place for the protection of hearing of members of the Defence Forces on the ranges and in field training. These include guidelines for the conduct of range practices, instruction on the use of ear defenders and comprehensive training not only on induction but also at various stages of a soldier's career. I am satisfied that the ear protection equipment in use at present, and purchased after broad international research, is the best that technology can provide at this time. Both procedures and equipment for hearing protection are kept under constant review.
In addition to the expert group under the aegis of the Department of Health and Children the centre for insurance studies, UCD Graduate School of Business are undertaking a study of environmentally induced hearing impairment. It is felt that the average hearing level in the population may be as much as 20 per cent worse than is currently understood. Other countries have carried out research in order to quantify this trend. It is also hoped to obtain some useful data regarding the prevalence of tinnitus among both the general population and among those with hearing impairment.
Officials of my Department met representatives of the Law Society on Tuesday, 9 December 1997 and had a useful exchange of views on the whole question of hearing loss litigation. They proposed to the society that solicitors handling these cases reduce their fees by 50 per cent in view of the volume of litigation being processed. The representatives said they would take this back for consideration. A further meeting to work out a common approach to solving this problem was agreed. They were also told of my concern in relation to solictors advertising and the role this plays in fuelling this problem. The Government yesterday decided to examine this matter as a matter of urgency.