Written Answers Nos. 205-220
205. Deputy Darren O'Rourke asked the Minister for the Environment, Climate and Communications if will provide an update on the commitment in the Energy Poverty Action Plan to introduce a mechanism to ensure homeowners have the option of paying for upgrades “net of grant”, and to explore options to support homeowners to convert from oil and solid fuel to heat pumps; and if he will make a statement on the matter. [35401/23]
View answerThe Energy Poverty Action Plan recognises that, along with income supports and consumer protection, improving the energy efficiency of our homes is one of the key measures needed to support households at risk of energy poverty. Chapter 2 of the Plan sets out a number of actions that will improve access to and affordability of retrofitting for all households.
In relation to the net of grant action, under the grant schemes that cover part of the cost of upgrades (e.g. Better Energy Homes) homeowners have the options of:
1. Applying themselves and have the grant refunded once works are complete;
2. Applying themselves and have the grant paid to their contractor's bank account, who can choose to offer them a discount upfront; or,
3. Applying through a registered Energy Partner which will carry out the works for the homeowner and pass on the grant savings as a discount on the works.
Options 2 and 3 above recognise that not all homeowners will have the funds available upfront to cover the total cost of the upgrade. SEAI are examining ways in which these processes can be further streamlined and scaled.
In relation to households reliant on oil and solid fuel, officials from my Department and the SEAI are working to identify options to further support these homeowners to convert to heat pumps.
207. Deputy Seán Crowe asked the Minister for the Environment, Climate and Communications the current average waiting time for the home surveys that are required to access SEAI free energy upgrades. [35448/23]
View answerThe Better Energy Warmer Homes Scheme delivers a range of energy efficiency measures free of charge to low-income households vulnerable to energy poverty. The primary aim of the scheme is to provide upgrades to those living in, or at risk of, energy poverty. The Sustainable Energy Authority of Ireland (SEAI) operates the scheme on behalf of my Department. Delivering free energy upgrades to low-income households and as quickly as possible is a top priority for my Department and the SEAI.
Increased awareness of the multiple benefits of retrofit and improvements to the Warmer Homes Scheme are driving increased levels of demand for the scheme. This can be seen in application numbers with over 9,900 applications received in 2022 and over 8,000 applications received up until the end of June 2023.
It should be noted that the scheme has been delivering a greater volume of deeper and more complex upgrades in recent years. This is reflected in the average cost of upgrades which have increased from €2,600 in 2015 to €24,000 in 2023. The increase in depth of retrofit is also reflected in the waiting times as more significant works take a longer time per home to complete. It is important to note that the scheme was also impacted significantly by construction sector closures and restrictions on home visits associated with COVID-19 in recent years which resulted in a build up of applications.
Currently the average waiting times from application to home survey is approximately 9 months.
My Officials continue to work with the SEAI to maximise and accelerate output of free energy upgrades delivered. An unprecedented budget of €148.5 million has been allocated to the scheme this year which will deliver 6,000 home upgrades. Additional funding of €264 million has also been secured for the scheme from the European Regional Development Fund and will supplement the annual allocations over the period from now until 2027. Importantly, a new contractor panel for the scheme will be established later this year. It is intended that the panel will be in place for 4 years, with an estimated contract budget of €700 million for that period, which will be a very strong signal of commitment.
208. Deputy Brendan Smith asked the Minister for the Environment, Climate and Communications to outline the incentives available for households and businesses to install solar panels; and if he will make a statement on the matter. [35450/23]
View answerThe Solar PV grant scheme under the Micro-generation Support Scheme (MSS) is administered by the Sustainable Energy Authority of Ireland and is open to houses built prior to 2021. The scheme came into operation in February 2022 and built on the success of the previous pilot version of the grant scheme. Since 2018, the SEAI has supported the installation of domestic Solar PV systems for over 22,500 homes, with demand for the domestic Solar PV grant increasing significantly throughout 2022, reaching over 10,000 by year end. While the level of interest in the MSS indicates that the scheme is working well, its operation and effectiveness will, like all such schemes, be kept under review and adjustments made where necessary. Additionally, on the 5th of April 2023 the Government approved an amendment to Finance Bill 2023 to apply a zero percent VAT rate for the ‘Supply and installation of solar panels on domestic premises.” On July 4th of this year, the Government also approved amendments to the existing Non-Domestic Microgeneration Scheme, operated by the Sustainable Energy Authority of Ireland (SEAI), to extend supports to a wider range of businesses and non-domestic applicants The new scheme amendments allow for the expansion of grant supports for installation sizes up to 1,000 kWp capacity – significantly above the 6 kWp limit previously under the scheme. By making grants available to the maximum range of businesses as part of a pilot programme, this also facilitates the assessment of the full level of demand across industry for solar PV solutions. This will also provide valuable data, regarding a potential multi-annual support for SMEs. The amended scheme will be available to businesses through SEAI from mid July 2023. The updated grants will be as follows: Up to 6kWp will remain unchanged up to €2,400, with an additional: €300/kWp for each extra kWp installed between 7kWp -20kWp €200/kWp for each extra kWp installed between 21kWp- 200kWp €150/kWp for each extra kWp installed between 201kWp-1000kWp This would mean that installations up to 1MW could be eligible for a grant of up to €162,600.
209. Deputy Gary Gannon asked the Minister for the Environment, Climate and Communications what engagement his Department has had with the relevant stakeholders with regard to reanimating the River Liffey. [35474/23]
View answerThe issue raised by the Deputy is an operational matter for Inland Fisheries Ireland (IFI) in which neither I nor my department have any function.
IFI has established a specific email address for queries from Oireachtas members so that queries can be addressed promptly, in line with IFI’s objective to deliver services to the highest standards. The email address is oireachtas@fisheriesireland.ie.
210. Deputy Rose Conway-Walsh asked the Minister for the Environment, Climate and Communications to outline the internships, apprenticeships and graduate schemes run by his Department and public bodies under the aegis of his Department. [35484/23]
View answerA brief outline of the different programmes and schemes in which my Department takes part is set out below.
ICT Apprenticeships
This is a two-year scheme, run by the OGCIO in which officers are employed at Executive Officer level while undertaking training in areas of digitalisation. My Department currently has two apprentices who are engaged as part of this scheme, receiving training in Cyber Security and Software Development.
WAM Programme
My Department is also participating in the Willing Able Mentoring (WAM) programme set up by AHEAD, which provides employment opportunities to graduates with disabilities. A graduate from this scheme will start in our Department in early September 2023.
Graduate Programmes
This year, the Public Appointments Service launched a new graduate recruitment campaign for candidates with a specific focus in Energy, Environment and Climate. This stream allows graduates with backgrounds in Environmental Science, Energy, Agriculture and more to pursue a career with a particular focus in the areas under my Department's remit.
The Department will also later this year begin to recruit (also with the Public Appointments Service) graduates in the specific area of cyber security who will be taking up development roles within the National Cyber Security Centre.
The information sought by the Deputy regarding the agencies under the aegis of my Department is an operational matter for each agency. I will request the relevant bodies to reply directly to the Deputy with the information requested in respect of their organisation.
211. Deputy Michael Ring asked the Tánaiste and Minister for Defence the number of personnel in his Department at Principal Officer level or above who, on retiring from that position, were subsequently appointed to a State or semi-State board over the past ten years. [34918/23]
View answerThe only State body under the aegis of my Department is the Army Pensions Board. The Board is an independent statutory body established under the Army Pensions Act 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The chairman and the non-military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces. No officials in my Department, who retired at Principal Officer level or above in the past ten years, were subsequently appointed to the Army Pensions Board.
On retirement, staff at all levels are advised of the provisions of paragraph 20 of the Code of Standards and Behaviour in relation to the acceptance of outside appointments or consultancy engagements following retirement, where there is the potential for a conflict of interest. The Code provides that a civil servant who intends to engage in certain outside employments within 12 months of retirement must make an application for approval to the Secretary General or (in the case of persons at or above Assistant Secretary) to the Outside Appointments Board. A copy the Code of Standards and Behaviour is provided also.
My Department does not hold information in relation to appointments to State or Semi-State Boards not under its aegis.
212. Deputy Catherine Connolly asked the Tánaiste and Minister for Defence if he is aware of reports, as published in a book (details supplied) Is Ireland Neutral page 135, that an Irish Defence Forces senior officer was involved in military actions that led the death of members of the Taliban forces in Afghanistan; if members of the Irish Defence Forces Army Ranger wing were involved in similar military actions while serving in Afghanistan; and if he will make a statement on the matter. [35156/23]
View answerThe Army Ranger Wing (ARW) are the Special Operations Forces of the Defence Forces. Personnel from the ARW served in the International Security Assistance Force (ISAF), Afghanistan from October 2006 to March 2007 and from September 2014 to March 2015.
The ARW did not deploy Special Operations Forces in any direct or indirect way to ISAF in Afghanistan. The officer referred to in book in question was an Explosives Ordnance Disposal (EOD) Officer and not a member of the ARW.
The Defence Forces advise that they are unaware of the involvement of any member of the Defence Forces in any direct military action that led to the death of Taliban forces.
213. Deputy Réada Cronin asked the Tánaiste and Minister for Defence to outline the plans of his Department to rebuild and equip the Defence Forces so they are in the proper position to patrol our territorial waters effectively and defend our neutrality; and if he will make a statement on the matter. [35221/23]
View answer215. Deputy Réada Cronin asked the Tánaiste and Minister for Defence whether his Department is satisfied that the Defence Forces are currently staffed and equipped to a sufficient level in order to fulfil their various functions - military, surveillance, peacekeeping and civil; and if he will make a statement on the matter. [35229/23]
View answerI propose to take Questions Nos. 213 and 215 together.
The White Paper on Defence, approved by Government in July 2015, resulted from a comprehensive examination of Defence requirements. It provides the defence policy framework for the period up to 2025. This policy framework is designed to be flexible and responsive given the dynamic nature of the security environment and enables the Department, and the Defence Forces, to be adaptive to changing circumstances and to use resources as efficiently as possible.
Within this context, the White Paper contains the Government's decision to put in place a fixed cycle of defence reviews. These cycle of reviews are to give assurance that defence policy remains up to date and relevant to the changing circumstances and bring certainty and regularity to defence planning. As set out in the White Paper these reviews are based on an updated security assessment and a fresh consideration of the implications of this assessment for policy requirements, associated tasks, capability development and resourcing. The first such review, the White Paper Update, was completed in 2019.
The second of these reviews, the Strategic Defence Review stage, was due to commence in 2021. With the establishment of the independent Commission on the Defence Forces by Government in December 2020, a decision was taken to pause commencing the Strategic Defence Review until the Commission on the Defence Forces had completed their report and Government had been given time to consider the report which was published on the 9th February 2022.
The Commission undertook a significant body of work, encompassing wide-ranging terms of reference. It recommended significant changes for the Defence Forces and Defence provision in Ireland. It covers high level Defence Forces structures, defence capabilities, organisation, culture and human resources, the Reserve Defence Force and funding.
In July last year Government approved a High-Level Action Plan in response to the Commission report. As part of this, approval was given for a move, over a six-year period, to a level of Defence Forces’ capability equivalent to ‘Level of Ambition 2’ (LOA2), as set out in the capability framework devised by the Commission, which will entail funding increases to reach a defence budget of c. €1.5 billion (at January 2022 prices) by 2028, the largest increase in Defence Funding in the history of the state. This will allow for the required substantial transformation and investment in recruitment and equipment that were identified by the Commission. The Budget for 2023 included an increase of €67m over the 2022 budget for Defence. This demonstrates the Government’s strong commitment to support the transformation of the Defence Forces into a modern, agile military force. A key early action, and key output from the opening phase of the Transformation Programme, the development of a detailed implementation plan, is at an advanced stage and is expected to be published in the coming weeks.
The report of the Commission on the Defence Forces and the current events in Ukraine are prompting an open debate and consideration of our defence requirements. There is an ongoing requirement to consider whether the capabilities we maintain are appropriate, having regard to the security environment, the roles that we wish the Defence Forces to undertake, and likely risks. For this reason one of the Early Actions arising out of High Level Action Plan for the Report of the Commission on the Defence Forces was the commencement of the Strategic Defence Review. As well as encompassing the Government’s agreed recommendations from the Commission on the Defence Forces, the future role of the Defence Forces both nationally and internationally will also be considered within the Strategic Defence Review. An updated security assessment, which is the first stage of the review, is currently being conducted by an interdepartmental group.
214. Deputy Réada Cronin asked the Tánaiste and Minister for Defence to outline the plans his Department has to build the cyber-security aspect of the Defence Forces; and if he will make a statement on the matter. [35222/23]
View answerIn terms of cybersecurity, the primary role of the Defence Forces relates to the defence and security of their own networks and systems. This important role is being developed in the context of the High Level Action Plan for the Report of the Commission on the Defence Forces and will grow in importance as threats in the cyber space increase.
The recommendation by the Commission on the Defence Forces to create a Joint Cyber Defence Command was accepted in principle by the Government, which meant that it required further consideration on the optimal approach to meeting the intent of the Commission. Sanction has been given for the Defence Forces to create a new Cyber Development Planning Office which will start the planning needed to enhance Defence Forces structures across the cyber domain required by a new Joint Cyber Defence Command, including the management of Defence Forces IT Services, CIS Services and Cyber Defence.
This Cyber Development Planning Office will also progress other cyber-related recommendations identified in the High Level Action Plan, including updating and publishing a cyber defence strategy in line with best international practice and standards as well as incorporating practical lessons identified from comparator countries and EU Member States’ maturing cyber commands.
216. Deputy Réada Cronin asked the Tánaiste and Minister for Defence to outline the various mechanisms by which his Department is working to reach agreement with the Women of Honour on all outstanding issues; the number and grade of staff allotted to this task; and if he will make a statement on the matter. [35230/23]
View answerThe report of the Independent Review Group (IRG) established to examine dignity and equality issues in the Defence Forces was published following Government approval on 28th March 2023. The Government agreed to progress the recommendations in the Report. This included approval in principle for the establishment of a Judge-led statutory inquiry to investigate whether there have been serious systemic failures in the complaints system in the Defence Forces, in relation to interpersonal issues including, but not limited to sexual misconduct.
I had meetings with a number of key stakeholders in early May, including with the Women of Honour and their legal representatives, where draft terms of reference for the Statutory Inquiry were shared. I requested that the groups provide feedback in writing to me, so that their observations could be considered in preparing the terms of reference. The draft terms of reference were also shared with a number of interested parties who contacted my office.
The Taoiseach and I met with the Women of Honour on 12th June 2023, to discuss the Government’s commitment to move ahead with progressing the recommendations of the IRG Report.
I had a further meeting with the Women of Honour and their legal representatives on 14th June 2023, as part of a further round of engagements with a number of stakeholders, including the Defence Forces Representative Associations, the Defence Forces Veterans Associations and and the Men and Women of Honour Group. The Secretary General, Department of Defence met with Civil Service and Civilian Trade Unions. The focus of these meetings was to listen and discuss views on the draft Terms of Reference for the Inquiry. I met the Women of Honour and their legal representatives again on 6th July 2023.
There are no staff specifically allotted to matters relating to issues raised by the Women of Honour. Staff in the Department of Defence and the Defence Forces, across a number of Branches and Units, are progressing the recommendations in the IRG Report. The views of all stakeholders are very important and we have listened very carefully to their observations and concerns.
The Government approved on 11th July 2023, the establishment of a Tribunal of Inquiry to examine the effectiveness of the complaints processes in the Defence Forces and to address workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct.
The Government also approved the text of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, amending Defence Act 1954, in line with the IRG Report. The amendments will ensure that An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts.
The terms of reference of the External Oversight Body, which was created as per the recommendations of the IRG report, were also approved by Government this week.
Work is currently underway on the terms of reference for the Tribunal of Inquiry. I am considering feedback from a number of stakeholders. I will revert to Government in the Autumn, seeking approval for terms of reference and the appointment of a Judge to Chair the Tribunal.
217. Deputy Brendan Smith asked the Tánaiste and Minister for Defence the progress to date in his Department’s assessment of the Report of The Commission on the Defence Force; and if he will make a statement on the matter. [35267/23]
View answerThe Commission on the Defence Forces was established on foot of a commitment in the Programme for Government, and its report was published on the 9th of February 2022. There were 69 main recommendations and with sub recommendations there were 130 recommendations in total. The Commission undertook a significant body of work, encompassing wide-ranging terms of reference. It recommended significant changes for the Defence Forces and Defence provision in Ireland. It covered high-level Defence Forces structures, defence capabilities, organisation, culture and human resources, the Reserve Defence Force and funding.
Given the significant recommendations contained in the Report, detailed consideration of these recommendations was undertaken over a period of 5 months by the Department of Defence and the Defence Forces. Following this engagement, a High Level Action Plan (HLAP) and a Memo for Government were brought to Government and approved on July 12th 2022. The High Level Action Plan set out the response of Government in relation to each of the 130 individual recommendations: Accept, Accept in Principle, Further Evaluation or Revert. 103 of its recommendations were accepted by Government for implementation, or accepted in principle, with 17 requiring further evaluation and a further 10 to revert to Government.
This involved the approval of a move to ‘Level of Ambition 2’ (LOA2), as set out in the capability framework devised by the Commission on the Defence Forces. This will result in the Defence budget rising from €1.1 billion to €1.5 billion, in 2022 prices, by 2028, the largest increase in Defence funding in the history of the State. This will allow for the required substantial transformation and investment in recruitment and equipment that were identified by the Commission. The Budget for 2023 included an increase of €67m over the 2022 budget for Defence. This demonstrates the Government’s strong commitment to support the transformation of the Defence Forces into a modern, agile military force, capable of responding to increasingly complex security threats.
The High Level Action Plan set out a total of 38 early actions to be completed within 6 months of the Government decision. A comprehensive written update on all 38 early actions was published on March 23rd of this year, and includes the status of each of the 38 early actions in tabular form. At that time over 80% of the early actions had been achieved. Progress continues on the remaining early actions, and to-date approximately 90% have been achieved, with the remainder at an advanced stage and due to be completed shortly.
Government noted that, in light of the Commission’s report, there is an urgent need for HR and cultural transformation in the Defence Forces and this will be prioritised. The High Level Action Plan identified the recruitment, through an open process, for the new senior-level civilian positions of Head of Transformation and Head of Strategic HR for the Defence Forces as early actions required to progress this transformation. I welcome the recent appointment of Mr. Brian Molloy to the position of Defence Forces’ Head of Transformation. The competition to select the Head of Strategic HR has also been recently concluded and the process to appoint the successful candidate is nearing completion.
A key early action, and key output from the opening phase of the Transformation Programme, the development of a detailed implementation plan, is at an advanced stage and is expected to be published in the coming weeks.
When published, it will set out the approach to implementation for each of the 130 recommendations. Effective reporting mechanisms were put in place for the 38 early actions, and once the detailed implementation plan has been published similar reporting mechanisms will track the progress of all the Commission’s recommendations.
More generally, the Strategic Framework we are putting in place to drive the Commission's recommendations through will also be an important enabling mechanism for delivery of the Independent Review Group’s actions.
My priority now is to ensure that there is one Strategic Plan for the transformation of the Defence Forces, fully understood by everyone, that has the appropriate governance and reporting mechanisms, and is properly resourced.
218. Deputy Brendan Smith asked the Tánaiste and Minister for Defence if in view of the lack of an Army barracks in the central border area if further consideration will be given to the re-opening of Dún Uí Néill, Cavan, as an Army barracks and, in the interim, as a forward operating base as that area has a long land border with a neighbouring jurisdiction, and taking into account that the presence locally of Army personnel played a very important role in the security of this State; and if he will make a statement on the matter. [35268/23]
View answerThe Commission on the Defence Forces was established on foot of a commitment in the Programme for Government. The report of the Commission was published on 9th February 2022. The Commission undertook a significant body of work, encompassing wide-ranging terms of reference. It recommended significant changes for the Defence Forces and Defence provision in Ireland. It covers high level Defence Forces structures, defence capabilities, organisation, culture and human resources, the Reserve Defence Force and funding.
In July last year Government approved a High-Level Action Plan in response to the Commission report. As part of this, approval was given for a move, over a six-year period, to a level of Defence Forces’ capability equivalent to ‘Level of Ambition 2’ (LOA2), as set out in the capability framework devised by the Commission, which will entail funding increases to reach a defence budget of c. €1.5 billion (at January 2022 prices) by 2028 through the annual Estimates process.
Implementation structures are in place encompassing an Implementation Oversight Group, a High-Level Steering Board and an Implementation Management Office (IMO) to support the implementation of the overall transformation programme required to implement recommendations from the report of the Commission on the Defence Forces.
The High-Level Action Plan also sets out all the recommendations contained within the report and designates a response of Accept, Accept in Principle, Further Evaluation or Revert.
There are a number of recommendations contained in the report which may impact on the structure of the Defence Forces including that the structure of the Army be reviewed, and in that context, the disposition of Units across the Defence Forces may be considered.
The recommendation, that the structure of the Army be reviewed, was identified as an Early Action in the High-Level Action Plan. The Military authorities have appointed a head of Army Force design who will lead an Office of army force design which will undertake the work required to give effect to this recommendation. The Implementation Management Office is working on the production of a detailed implementation plan for the remaining recommendations which will include those which may assist with informing any decision about the future structure and organisation of the Defence Forces. This plan is expected to be published in the coming weeks.
Another of the Early Actions identified is the commencement of the Strategic Defence Review. This review is the second in the cycle of reviews as proposed in the White Paper on Defence and follows the 2019 White Paper Update. These cycles of reviews are to give assurance that defence policy remains up to date and relevant to the changing circumstances and bring certainty and regularity to defence planning.
As set out in the White Paper these reviews will be based on an updated security assessment and a fresh consideration of the implications of this assessment for policy requirements, associated tasks, capability development and resourcing.
The first stage of this review is a security environment analysis which is being prepared by an interdepartmental working group at present.
219. Deputy Rose Conway-Walsh asked the Tánaiste and Minister for Defence to outline the internships, apprenticeships and graduate schemes run by his Department and public bodies under the aegis of his Department. [35481/23]
View answerThe Programme for Government commits to growing the number of apprenticeships under the Action Plan for Apprenticeships 2021 – 2025. My Department is currently in the process of implementing an apprenticeship programme for eight civilian apprentices in the Defence Forces. Civilian apprenticeships provide participants with the opportunity to gain practical, on-the-job experience and skills along with a qualification which is on the National Framework of Qualifications and is recognised internationally.
Neither my Department, nor any public bodies under its aegis, run any internships or graduate schemes. At present, my department employs one officer (EO) through the ICT Apprenticeship Scheme which is run by the Department of Public Expenditure, NDP Delivery and Reform. Additionally, my Department has committed to participating in the Willing, Able, Mentoring programme (WAM). WAM is a full-time, paid, mentored work placement for graduates with disabilities, and is run by the Department of Public Expenditure, NDP Delivery and Reform.
220. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Defence the number of ex-members of the Defence Forces who current receive a restricted/reduced pension based on an award received in court in respect of an injury they sustained during service; and if he will make a statement on the matter. [35571/23]
View answerI take it that the Deputy is referring to pensions awarded under the Army Pensions Acts 1923 to 1980 (as amended), as no Army pensions are awarded by the Courts.
The Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations.
Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding … may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.”
The underlying objective of Section 13(2) is to prevent double compensation in respect of the same disablement. Compensation of the kind in question would usually result from a civil action for damages against the Department of Defence, but compensation received from any other source is not excluded.
As at the end of June 2023 there are 1,062 Disability Pensions in payment of which 274 have had a reduction under Section 13(2) applied.
There have been a number of key cases both at Supreme and High Court levels involving Section 13(2) and procedures in relation to individual cases take account of these judgements. The Courts, in various previous judgements, have upheld the Minister’s statutory right to take into consideration that part of the damages which can properly be regarded as general damages or that part which can properly be regarded as referable to loss of earnings, as he considers proper.
The reduction of these pensions is provided for under legislation and is done on foot of a bona fide decision by the Minister after careful consideration of the specific circumstances of each case. The person or their solicitor is advised of the statutory provisions and of the potential implications of their application. Representations are invited regarding, in particular, the person's circumstances; details of the compensation actually received; and whether there are any special or extenuating circumstances involved. Full account is then taken of such representations before a final decision is made by the Minister.
There are no plans to review the legislative provision in question.
