Dáil Éireann debate -
Tuesday, 28 Mar 2000

Vol. 516 No. 6

Written Answers. - Hearing Impairment Claims.

Theresa Ahearn

Question:

101 Mrs. T. Ahearn asked the Minister for Defence the timeframe for establishing a compensation scheme to deal with deafness compensation; when legislation will be published; the legal costs to date; the number of cases settled outside the courts; the number settled within court; the number settled in 2000; and if he will make a statement on the matter. [8854/00]

Michael D. Higgins

Question:

138 Mr. M. Higgins asked the Minister for Defence the progress, if any, made in discussions between his Department and lawyers representing soldiers, mediated by the Law Society, regarding a procedure for resolving Army deafness claims; when he expects these discussions to conclude; and if he will make a statement on the matter. [8801/00]

Olivia Mitchell

Question:

158 Ms O. Mitchell asked the Minister for Defence the number of new cases for deafness compensation received in his Department in December 1999, January 2000 and to date in 2000; and if he will make a statement on the matter. [4579/00]

Frances Fitzgerald

Question:

202 Ms Fitzgerald asked the Minister for Defence the timeframe for establishing a compensation scheme to deal with deafness compensation; when legislation will be published; the legal costs to date; the number of cases settled outside the courts; the number settled within court; the number settled in 2000; and if he will make a statement on the matter. [8982/00]

Minister for Defence (Mr. M. Smith)

I propose to take Questions Nos. 101, 138, 158 and 202 together.

Discussions have recently taken place between officials of my Department and of the Chief State Solicitor's office with solicitors representing plaintiffs in Army hearing loss litigation. The discussions have been facilitated by the Law Society of Ireland, to which I express my appreciation for its co-operation. Following these talks, it is now proposed that an application, with the consent of both sides, will be made to the High Court for an adjournment of hearing loss cases for the Easter term. This will allow the parties concerned to engage in direct out of court settlement negotiations on the basis of the Supreme Court Hanley judgment. In the meantime, progress on the establishment of a statutory out-of-court compensation scheme will await the outcome of these negotiations.

Legal costs to date in this hearing loss litigation amount to £28.98 million. The number of cases with out of court settlements is 4,538. There have been 246 court awards, 56 cases dismissed and 240 withdrawn cases.

The number of cases settled out of court this year is 394. There have been 24 court awards, nine cases dismissed and 24 withdrawn cases.

In December 1999, there were 58 new hearing loss cases. In January 2000 there were 31 new cases and 70 new cases in February 2000. For the first three weeks in March 2000 there were 69 new cases.