Vol. 487 No. 7
31 Mrs. B. Moynihan-Cronin asked the Minister for Defence the total number of applications for deafness compensation received by his Department; the numbers of cases now settled between his Department and the applicants; the number of cases that were settled by his Department both out of court and by court decision; and the number of cases that his Department were both successful and unsuccessful with in court. [5083/98]
40 Mr. O'Shea asked the Minister for Defence the constitution of the committee establishing guidelines in hearing loss claims by his Department; the number of members on the committee; the number of members which have acted for the State on previous hearing loss claims; and if he will make a statement on the matter. [5076/98]
47 Mr. Penrose asked the Minister for Defence if he will establish a judicial inquiry to investigate the way in which thousands of members of the Defence Forces have damaged hearing, despite the evidence that regulations were in place since 1952; and if he will make a statement on the matter. [5078/98]
50 Mr. Spring asked the Minister for Defence the criteria, if any, set down by his Department to defend a hearing loss claim case in view of the fact that the vast majority of cases are settled out of court; and the stage at which this decision is arrived at. [5084/98]
51 Mr. Higgins (Mayo) asked the Minister for Defence the cost of Defence Forces's compensation claims for each of the years from 1992 to date in 1998; the breakdown of costs, legal and other; the way in which the Department have calculated the average claim in these years; the content of this assessment; if the criteria used to assess these claims has remained constant; and if he will make a statement on the matter. [4782/98]
72 Mr. Gormley asked the Minister for Defence the consideration, if any, which has been, or is being given, to the holding of a tribunal on the issue of army deafness and thus removing the issue from the civil court system. [4557/98]
89 Mr. J. O'Keeffe asked the Minister for Defence whether consideration has been given to either legislative or constitutional change in order to minimise the cost to the taxpayer of army deafness and other compensation claims. [4988/98]
94 Mr. Kenny asked the Minister for Defence the current position in relation to Defence Force compensation cases; the number of cases currently being received per week; the progress, if any, of the working group he has established with the Law Society and the interdepartmental working group; when the expert group report will be available; the way in which he will ensure that the expert group report, the green book, is accepted; his estimate of the effect the expert group reaching agreement will have on an agreed Irish standard; and the projected cost to the Exchequer of handling these cases. [4993/98]
103 Mr. Rabbitte asked the Minister for Defence the number of claims for army deafness settled, for the latest date for which figures are available; the total amount paid in compensation; the number of claims outstanding, for the latest date for which figures are available; and if he will make a statement on the matter. [4921/98]
114 Mr. Howlin asked the Minister for Defence if there was a clear failure to comply with the Factory Noise Regulations, 1975, by the military authorities in relation to military personnel; and if he will make a statement on the matter. [5080/98]
139 Ms Fitzgerald asked the Minister for Defence the cost of Defence Forces' compensation claims for each of the years from 1992 to date in 1998; the breakdown of costs, legal and other; the way in which the Department have calculated the average claim in these years; the content of this assessment; if the criteria used to assess these claims has remained constant; and if he will make a statement on the matter. [4781/98]
I propose to take Questions Nos. 31, 40, 47, 50, 51, 72, 89, 94, 103, 114 and 139 together.
Details of personal injury claims from members of the Defence Forces and from civilians involved in road traffic accidents with Army vehicles, which were finalised during each of the years 1992 to date are given in the tabular statement which I propose to circulate in the Official Report.
Specifically in relation to the hearings loss cases, on 17 February this year settlements had been reached in a total of 1,422 cases and court awards following hearing had been made in 87 cases. A further 59 cases were successfully defended or withdrawn. Compensation of £36.161 million and plaintiff costs of £6.136 million has been paid in respect of the 1,568 cases finalised. There are a further 10,125 cases to hand.
Officials of my Department met the Law Society on 9 December 1997 and I also met them on 20 January 1998. A working group will continue the work of these meetings in seeking to explore ways of reducing legal costs in these cases. A mutually convenient date for the meeting of the group is at present being arranged. The interdepartmental working group, which is chaired by my Department, consists of representatives of the Department of Finance and the Department of Justice, Equality and Law Reform as well as the Office of the Attorney General. It is tasked specifically with examining a number of legislative options which might be adopted to deal with this problem. It has met on three occasions since its formal establishment in January 1998. Prior to that the departmental representatives were in regular contact. The working group is making satisfactory progress.
The report of the expert group on assessment of handicap resulting from hearing loss — the Green Book — is expected shortly. It is intended to adduce this report in evidence in further cases before the courts and it will be a matter then for the Judiciary to decide its probative value. As this is an outcome which I cannot predict, I am not in a position to comment further on any effect the report may have on expenditure other than to say that I hope it will provide a basis for uniformity and fairness of compensation. Pending receipt of the report of the expert group all cases have been adjourned to the beginning of next term which I believe is 21 April 1998. The selection of the expert group was a matter entirely for the Department of Health and professional expertise and expertise were the only criteria used in inviting members to participate. Furthermore the group was told at the outset that it was free to consult with, and take evidence from, whomsoever it saw fit or necessary.
|
Year |
Compensation |
Legal Costs (Plaintiff) |
Total |
|
£ |
£ |
£ |
|
|
1992 |
2,917,645 |
695,010 |
3,612,655 |
|
1993 |
2,639,927 |
918,578 |
3,558,505 |
|
1994 |
3,828,913 |
918,833 |
4,747,746 |
|
1995 |
4,902,487 |
1,224,000 |
6,126,487 |
|
1996 |
9,059,132 |
1,945,000 |
11,004,132 |
|
1997 |
31,555,561 |
5,302,981 |
36,858,542 |
|
1998to date |
2,857,395 |
1,267,626 |
4,125,021 |
