asked the Minister for Justice the number of applicants at present awaiting decision by the Criminal Injuries Tribunal: the date since which the oldest application is unattended; when these applications will be dealt with; and if he will make a statement on the matter.
Ceisteanna—Questions Oral Answers. - Criminal Injury Applications.
9.
It has been estimated that at the end of April 1986 the Criminal Injuries Compensation Tribunal had 4,530 cases on hand. No application remains unattended but I assume that what the Deputy has in mind is the oldest active application with the tribunal in respect of which no award has yet been paid. That was lodged in February 1979. I understand that there are special reasons for the delay in this case which are outside the control of the tribunal.
I clearly could not indicate when each of these applications will be disposed of. Perhaps, however, I might outline the procedure for dealing with them. All claims are acknowledged and later are thoroughly checked to ensure that the documentation is in order. Frequently there is correspondence with applicants and/or their legal representatives concerning documentation such as medical reports. Garda reports have to be obtained also. When awards are decided by the tribunal the applicant is notified and payment made if he accepts. Total payments in any year are governed by the allocation in the Estimates. Perhaps I ought to add that in dealing with applications the tribunal are independent.
As I told the House in reply to a question on 10 December 1985 — Official Report Volume 362, columns 1679 and 1680 — the delay in finalising claims is partly due to the increase in recent years in the number of applications for compensation being received by the tribunal and, also, the necessity to keep the amount of money which the tribunal may pay out in any one year within the allocation for that year. The allocation for any year is decided on the basis of the requirements of the particular service, the requirements for other services and the overall budgetary position.
As Deputies will be aware a revised scheme was laid before the House on 18 March 1986.
Can the Minister tell us the average time it takes to deal with an application? Does he agree these are traumatic circumstances because in one case people had to wait for seven years for an application to be completed? It seems that it takes three to four years to get most cases completed. This is agonising for people concerned. Can the Minister confirm that there is a shortage of staff to deal with the number of applications before the tribunal due to the budgetary situation? Does he agree that the agency should not be left short of staff, that it would be better to have cases dealt with quickly so that people would know where they stand?
I am not so sure whether there is any reality in the concept of the average time taken in cases like this, because each case is different from the others. The average time taken for the more straightforward cases appears to be in the region of two years. It is affected by a number of factors, including the necessity to get medical and Garda reports. I do not accept that there is a particular problem in regard to staffing.
How many applications have been received since 1 April last?
I do not have that information.
Has the Minister an estimate? Does he agree that any applications from 1 April will not attract compensation of any kind for pain and suffering? If a person pursues a robber and is injured or tragically killed, his family will not receive compensation for pain and suffering.
Question Time drifts from one facet to another. This is about the number waiting for their cases to be dealt with, and when it is likely they will be dealt with. Now we want to drift into a new Act or regulation dealing with the type of application. We could spend a week on it.
I have asked only for cases arising from 1 April.
If the Deputy's question is whether the scheme has changed in the way that was announced in the House, with effect from 1 April, the answer is yes.
Does the Minister realise the tragic consequences of that change for people who will have applications——
This is opening up a separate question and that is defeating Question Time. Deputies get bright ideas when they hear a certain thing mentioned and they drift away.
Can the Minister say if he will give extra staff to the tribunal?
I said that I do not think there is a particular problem in regard to staffing.