Vol. 505 No. 2
14 Mrs. Barnes asked the Minister for Defence the number of cases in relation to deafness compensation settled in each of the months January, February, March and April 1999; the cost of the legal fees in these cases; the awards made; and if he will make a statement on the matter. [12671/99]
24 Mrs. T. Ahearn asked the Minister for Defence the number of new claims received in March and April 1999 in relation to deafness compensation in the Defence Forces. [12670/99]
31 Mr. Creed asked the Minister for Defence the amount paid to date in deafness compensation cases; the cost of legal fees; the awards made; the administrative costs to date; and if he will make a statement on the matter. [9244/99]
68 Mr. Callely asked the Minister for Defence the costs to date for hearing loss claims from serving and non-serving members of the Defence Forces; the percentage of claims received from serving members; the comparison figures for former members; and if he will make a statement on the matter. [13342/99]
72 Ms Fitzgerald asked the Minister for Defence the number of new claims received in March and April 1999 in relation to deafness compensation in the Defence Forces. [13346/99]
73 Ms Fitzgerald asked the Minister for Defence the number of cases in relation to deafness compensation cases settled in each of the months from January to April 1999; the cost of the legal fees in these cases; the awards made; and if he will make a statement on the matter. [13347/99]
I propose to take Questions Nos. 14, 24, 31, 68, 72 and 73 together.
By 19 May 1999 the total cost of awards, settlements and plaintiffs' legal costs paid by my Department in Army hearing loss claims was £78.2 million. Some £2,800,000 has been paid in respect of 168 court awards, while out of court settlements in 2,983 cases have cost £58.2 million. Plaintiffs' legal costs amount to £17.2 million paid to date.
Some 33 per cent of hearing loss claims have been received from serving members of the Defence Forces and 67 per cent have been received from former members of the Defence Forces. The total cost of awards, settlements and plaintiffs' legal costs has amounted to £32.1 million in respect of serving members and £46.1 million in respect of non-serving members. Some 63 hearing loss claims were received in March this year and 129 in the month of April.
Administration costs are currently estimated at approximately £800,000 per year for staff and overheads in the Department of Defence; £1.1 million per year for staff and overheads in respect of the Defence Forces; and almost £800,000 per year for staff and overheads in the Chief State Solicitor's office. The total estimate for administrative costs is, therefore, approximately £2.7 million per year.
Details concerning hearing loss cases settled in January, February, March and April 1999 are contained in a tabular statement which will be circulated in the Official Report. The average quantum of damages in claims where awards or settlements were reached for each year between 1996 and 1999 are 1996, £30,874; 1997, £23,830; 1998, £17,336; and 1999 – up to 19 May – £12,888.
|
Month |
Result |
Number of Claims |
Amount |
Plaintiffs' Costs |
Number of Claims where Costs have been paid* |
Overall Totals |
|
|
£ |
£ |
£ |
|||||
|
January 1999 |
Awarded |
3 |
83,044.39 |
Nil |
Nil |
||
|
Settled |
115 |
1,821,130.00 |
344,041.58 |
32 |
|||
|
Total |
118 |
1,904,174.39 |
344,041.58 |
32 |
2,248,215.97 |
||
|
February 1999 |
Awarded |
11 |
246,934.50 |
7,940.89 |
1 |
||
|
Settled |
127 |
1,802,007.00 |
285,907.08 |
27 |
|||
|
Total |
138 |
2,048,941.50 |
293,847.97 |
28 |
2,342,789.47 |
||
|
March 1999 |
Awarded |
6 |
45,154.35 |
8,490.85 |
1 |
||
|
Settled |
294 |
3,483,295.00 |
116,271.11 |
20 |
|||
|
Total |
300 |
3,528,449.35 |
124,761.96 |
21 |
3,653,211.31 |
||
|
April 1999 |
Awarded |
4 |
31,276.09 |
Nil |
Nil |
||
|
Settled |
242 |
2,823,843.00 |
1,600.00 |
2 |
|||
|
Total |
246 |
2,855,119.09 |
1,600.00 |
2 |
2,856,719.09 |
||
|
11,100,935.84 |
*Details of costs incurred may not have been received from solicitors representing plaintiffs in all cases.
Obviously the scale of the problem is enormous and has been over the years. Has the Minister made progress in his discussions with the legal profession in relation to adapting the fees being charged at present?
I have made no progress directly with the Incorporated Law Society. However, the Attorney General has taken a personal initiative and a number of these cases are now being heard in the Circuit Court with associated legal costs. I would like to have made more progress with the Incorporated Law Society on a scale of cost which would reflect the similarity of a great number of these cases. However, so far this has not been achieved. This has been one of the driving forces behind the adoption of an out of court settlement procedure instead of the current system.
Has the Minister had negotiations with the Incorporated Law Society and, if so, are those negotiations ongoing? Has he given up on reaching accommodation with it?
I am known for my stubbornness so I do not give up easily.
Has the Minister met the Incorporated Law Society recently?
No. There have been some discussions between officials. I did not have a direct input.
The Minister is being stubborn at a distance.
Is the kettle calling the pot black?
I am stubborn upfront.
