Written Answers. - Hearing Impairment Claims.
John Perry
Question:
60
Mr. Perry
asked the
Minister for Defence
if he has considered establishing a tribunal to deal with deafness compensation claims; if he will establish a new way of dealing with compensation within the Defence Forces particularly in view of recent cases for post-traumatic stress disorder; if he has satisfied himself that the present procedures are adequate; and if he will make a statement on the matter.
[4907/99]
John V. Farrelly
Question:
64
Mr. Farrelly
asked the
Minister for Defence
the number and percentage of serving members of the Defence Forces who have taken a claim for deafness; the number of claims settled; and the number outstanding.
[4951/99]
Charles Flanagan
Question:
68
Mr. Flanagan
asked the
Minister for Defence
the number of Army deafness claims received to date; the number of these received since his appointment; and if he will make a statement on the matter.
[4954/99]
Austin Currie
Question:
73
Mr. Currie
asked the
Minister for Defence
the discussions, if any, he has had with the representative associations on the establishment of a tribunal to deal with deafness compensation cases.
[4890/99]
Trevor Sargent
Question:
82
Mr. Sargent
asked the
Minister for Defence
if he has satisfied himself that there is sufficient public support for Ireland maintaining armed forces in view of the recent compensation claims by members of the Defence Forces; if these claims represent such a financial burden that the cost to keep the Army at its present levels is impossible; and if he will make a statement on the matter.
[5034/99]
Pat Rabbitte
Question:
118
Mr. Rabbitte
asked the
Minister for Defence
the number of Army deafness claims settled to date; the amount paid in compensation; the number of claims outstanding; and if he will make a statement on the matter.
[4991/99]
Jim O'Keeffe
Question:
122
Mr. J. O'Keeffe
asked the
Minister for Defence
the number and estimated additional cost of Army deafness cases lodged since 1 January 1999.
[5028/99]
Frances Fitzgerald
Question:
181
Ms Fitzgerald
asked the
Minister for Defence
the number and percentage of serving members of the Defence Forces who have taken a claim for deafness; the number settled; and the number outstanding.
[4921/99]
Frances Fitzgerald
Question:
193
Ms Fitzgerald
asked the
Minister for Defence
the discussions, if any, he has had with the representative associations on the establishment of a tribunal to deal with deafness compensation cases.
[4933/99]
Frances Fitzgerald
Question:
202
Ms Fitzgerald
asked the
Minister for Defence
if he has considered establishing a tribunal to deal with deafness compensation claims; if he will establish a new way of dealing with compensation within the Defence Forces particularly in view of recent cases for post-traumatic stress disorder; if he has satisfied himself that the present procedures are adequate; and if he will make a statement on the matter.
[4943/99]
Ivor Callely
Question:
207
Mr. Callely
asked the
Minister for Defence
the number of claims for Army hearing loss compensation; the estimated cost of these claims; and if he will make a statement on the matter.
[5054/99]
Frances Fitzgerald
Question:
214
Ms Fitzgerald
asked the
Minister for Defence
the amount paid to date in deafness compensation cases; the costs of legal fees; the awards made; and the administration costs in this regard.
[5117/99]
Bernard J. Durkan
Question:
227
Mr. Durkan
asked the
Minister for Defence
the number of Army deafness claims pending; the number settled through the courts, out of court and by agreement; and if he will make a statement on the matter.
[5272/99]
I propose to take Questions Nos. 60, 64, 68, 73, 82, 118, 122, 181, 193, 202, 207, 214 and 227 together.
Last weekend I announced that I had directed my Department to produce proposals for the Government for the establishment of a scheme of compensation for Army hearing loss. The objective of the scheme will be to provide those a with genuine disability, as measured in accordance with the Green Book system, with an alternative to proceeding against the State in the courts. It is my intention that this scheme will ensure that persons with a grave disability should receive compensation which fairly reflects the seriousness of their injury while those with minor disability should receive payments which reflect the lesser effect of their injuries in their everyday life. I envisage the scheme settling the outstanding claims within three years instead of the estimated 17 years required to process them through the courts.
Over recent months, many individuals have contacted me expressing support for a proposal on these lines and asking me to provide an alternative mechanism to litigation in the courts for the processing of genuine compensation claims. In this regard, I remain hopeful that the representative associations will come on board and support a genuine attempt to resolve this issue fairly and speedily.
With regard to the statistical information sought by Deputies, to date, my Department has received a total of 13,880 claims for alleged loss of hearing from current and former members of the Defence Forces, of which 4,537 have been received since my appointment as Minister on 7 October, 1997. A total of 162 claims have been received since 1 January, 1999 or an average of about 27 claims per week. Of the total number of claims received, 143 have been cleared by way of court awards and 2,197 by out of court settlements; 126 claims have been withdrawn or dismissed which leaves a total of 11,414 claims outstanding.
Almost £51 million has been paid in awards and settlements and £14 million has been paid on plaintiffs legal costs. Subsequent to the judgment in the case of Hanley v Minister for Defence in June last, my Department estimated that the cost of clearing the outstanding cases would be £550 million for loss of hearing. Legal costs, loss of earnings and special damages could bring the overall cost to in excess of £1 billion.
In relation to claims received to date in 1999, it is not possible to give a reasoned estimate of the cost of clearing these cases; first because it is my hope that most of them will be barred by the statute of limitations; and, second, indications are that the majority of the more recent claims received have little or no hearing disability. However, if the average amount of compensation paid in these cases to date were to prevail, the cost involved would be of the order of £4.3 million including costs.
With regard to claims from serving members, my Department's records indicate that a total of 4,297 claims have been received of which 937 have been disposed of, leaving 3,360 outstanding. This represents approximately 35 per cent of the P.D.F.
There is no doubt that this litigation has had a damaging effect on the Defence Forces and the public perception of the Army. This is very unfortunate given the high regard in which the Defence Forces have been held both at home and abroad before the onset of these claims. There is also no doubt that it has taken the focus off the development and progress made in improving the Defence Forces under the Defence Forces review implementation plan and which will continue with the forthcoming White Paper on defence. However, I am determined to do everything within my power to restore the morale and good reputation of the Defence Forces. In this regard, the establishment of a compensation scheme is an important first step.
