Dáil Éireann debate -
Tuesday, 19 Oct 1999

Vol. 509 No. 4

Written Answers. - Hearing Impairment Claims.

Michael Joe Cosgrave

Question:

63 Mr. Cosgrave asked the Minister for Defence the number of claims to date for deafness compensation within the Defence Forces; the cost per month in 1999 of meeting these claims; the number per month in 1999; the plans, if any, he has for establishing a tribunal; if so, the date for its establishment; and if he will make a statement on the matter. [20529/99]

Michael Bell

Question:

74 Mr. Bell asked the Minister for Defence the number of serving members of the Defence Forces who have lodged claims arising from deafness; the number of cases settled to date; the number outstanding; and if he will make a statement on the matter. [20436/99]

Minister for Defence (Mr. M. Smith)

I propose to take Questions Nos. 63 and 74 together.

The total number of claims received up to 14 October, 1999 is 14,588. The number of serving members of the Defence Forces who have lodged claims is 4,362. Of these, 3,046 claims remain outstanding, while 1,316 have been disposed of by 70 court awards or 1,185 settlements at a cost of £28,583,062. Forty seven cases were withdrawn and 14 dismissed. An additional £9,453,057 has been paid in respect of plaintiffs' legal costs, giving an overall total of £38,036,119.

A total of 10,227 claims have been received from former members of the Defence Forces and 137 have received awards and 1,185 have been settled at a cost of £40,583,754. Plaintiffs' costs have amounted to £15,098,599 making a total of £55,682,353. A total of 7,450 cases are still outstanding. The average quantum of damages per claim for the period January to September 1999 was £12,228. This is reduced from an average of £30,874 in 1996. Details in respect of expenditure and numbers of claims per month in 1999 are set out in the tabular statement which will be circulated with the official report.

Deputies may recall that when I last answered questions on this subject on 30 June, 1999, I mentioned that the establishment of a compensation scheme will be influenced by the outcome of the appeal in the case of Hanley v. Minister for Defence. I understand that the Supreme Court may deliver this shortly. When this important judgment is published, the details will be examined carefully in my Department. Its implications for all outstanding claims and for the establishment of a compensation scheme will be assessed and costed.

If the projected cost is acceptable to the Government – I hope it will be – I shall establish a scheme designed to remove these claims from the courts. This will provide a level of com pensation which will be fair and equitable both to the tax payer and to those personnel who have suffered hearing loss during military service. It will also be administratively straightforward, providing a relatively speedy process of compensating claimants based on the green book and the Supreme Court's judgment. The scheme will also be designed to reduce the very high level of costs inherent in resolving these claims through the courts.

I hope the establishment of a compensation scheme based on an acceptable tariff will attract a consensus of support among all of us who are concerned with resolving this issue and putting its negative consequences behind us.

1999

Month	Number of NewClaims Received	Number of ClaimsSettled	Number of ClaimsAwarded	Total Award andSettlement	Total Paid in Plaintiffs'Legal Costs*(Up to 14/10/99)
January	99	116	3	£1,911,174.39	£907,771.93
February	98	130	11	£2,083,145.50	£942,685.99
March	62	292	5	£3,539,229.35	£1,333,132,23
April	128	247	4	£3,044,644.09	£1,014,563.81
May	76	197	6	£2,829,743.00	£913,334.64
June	119	198	9	£2,203,587.44	£657,953.65
July	33	331	26	£3,706,503.23	£538,692.27
August	130	3	0	£21,523.00	–
September	75	4	0	£15,618.00	–
October	–	41	0	£393,343.00	–

*Costs may not have been finalised in all cases where settlements or awards have been made.