Dáil Éireann Debate, Wednesday - 10 December 2014
94. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the statistics for amount and length of processing time for applications to the Criminal Injuries Compensation Tribunal from the family of a homicide victim. [47403/14]
View answer95. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the protocol for dealing with an application to the Criminal Injuries Compensation Tribunal where the status of a criminal investigation is categorised as live for an indefinite period. [47404/14]
View answer96. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when a decision is made in relation to the application to the Criminal Injuries Compensation Tribunal if a person is charged with the homicide of a victim. [47405/14]
View answer97. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the State assistance in place for basic expenses for families of victims of homicide who find themselves in financial hardship as a result of their loved one's murder. [47406/14]
View answer110. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the timeframe for an application to the Criminal Injuries Compensation Tribunal to be processed. [47439/14]
View answerI propose to take Questions Nos. 94 to 97, inclusive, and 110 together.
I wish to advise the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, applications for compensation under the Scheme are decided by the Criminal Injuries Compensation Tribunal, who are entirely independent in the matter of individual applications under the Scheme.
I can inform the Deputy that a Garda report is required in all cases, including fatal cases, before an application can be processed further by the Tribunal. The contents of the Garda report will then determine the course of the Tribunal's directions on the case. In a fatal case the Garda report is essential to the Tribunal to determine if the victim died as a result of a crime of violence; if the victim had any responsibility for the incident; if the victim's behaviour, way of life, etc. were contributory factors to the incident, and including details of the victim's criminal record, if any. A Tribunal member must take account of any contributory factors to the incident on the part of the victim and the Tribunal member has discretion under the Scheme to reduce an award or to refuse an award as a consequence.
I can also inform the Deputy that the Scheme has no time-limit for the submission of an application in a fatal case. However, under the terms of the Scheme it is a matter for the claimant to establish his/her case i.e. to provide the Tribunal with the necessary documentation to support the claim. I understand that information in relation to the length of time taken to process applications is not available as this can vary widely from case to case. For instance, if there is a delay in receiving the Garda report or if Tribunal queries arise which result in applicants taking time to respond or if there is a dispute between dependants or family members an application may take some time to finalise. In addition, I understand that in cases of serious injury to the victim it can take a considerable amount of time (in some cases a number of years) before their treating consultant is in a position to give a final prognosis.
In fatal cases the Scheme provides that qualified dependants of the victim may receive a solatium, currently €30,000, and any vouched out of pocket expenses incurred or suffered by dependents as a result of the death of the victim, i.e. funeral costs, loss of earnings etc.
Finally, the Deputy may be interested to note that a copy of the Scheme and application forms may be accessed on the Department's website at http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme.
