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Dáil Éireann díospóireacht -
Thursday, 2 Oct 1997

Vol. 480 No. 8

Written Answers. - Hearing Impairment Claims.

Ivor Callely

Ceist:

15 Mr. Callely asked the Minister for Defence the consideration, if any, he has given to the setting-up of a compensation tribunal to process claims from Defence Force personnel; the likely benefits of such a compensation tribunal; and if he will make a statement on the matter. [15051/97]

Pat Rabbitte

Ceist:

33 Mr. Rabbitte asked the Minister for Defence the number of serving or former members of the Defence forces who have sued the State as a result of damage to hearing; the number of cases settled; the total amount awarded, including legal costs; the consideration, if any, which has been given to establishing a procedure for dealing with such cases outside of the courts; and if he will make a statement on the matter. [15069/97]

Jim O'Keeffe

Ceist:

39 Mr. J. O'Keeffe asked the Minister for Defence the number of hearing-related claims lodged by members or former members of the Defence Forces; the estimated compensation involved; and the procedures proposed for dealing with these claims. [15056/97]

Tony Gregory

Ceist:

56 Mr. Gregory asked the Minister for Defence if he is considering an alternative scheme of compensation for deafness caused to Army and ex-Army personnel. [15083/97]

I propose to take Questions Nos. 15, 33, 39 and 56 together.

The position is that, to date, about 9,500 claims have been made against the Department of Defence by serving and former members of the Defence Forces alleging hearing impairment from unprotected exposure to gunfire. New claims continue to come in at a rate of around 100 per week. At the end of August 1997 settlements had been reached in 699 cases and court awards following hearing had been made in 25 cases. A further 23 cases were successfully defended or withdrawn. Compensation of £19.355 million and plaintiff costs of £3.108 million have been paid in respect of 724 cases finalised to date.

The strategy for dealing with these cases by the Government has been, firstly, to identify suitable cases for determination by the courts. By "suitable" is meant those cases where the alleged hearing impairment is either not significant or is not attributable to any wrongdoing on the part of the State. Those cases in which the hearing impairment sustained is both significant and attributable to the negligence of the State are being dealt with either on the basis of an agreed settlement or, where such is not possible, by the courts in the ordinary manner.

The present system whereby these actions are being processed by the courts in the normal manner is both costly to the taxpayer and is a lengthy and often difficult process for injured parties and their families. I am mindful that my responsibility as Minister for Defence is to the taxpayer as well as to the members of the Defence Forces, past and present.

If a compensation tribunal were to be established by the Government the assessment of such cases might result in a considerable saving to the taxpayer in terms of legal and associated costs which make up a substantial proportion of the costs of the claims processed to date. A tribunal might also ensure a speedy means of resolving genuine claims.
However, the absence of an agreed method of assessing hearing handicap is a major impediment to the establishment of such a tribunal. We are talking about considerable sums of money in overall terms and if there is a method whereby the bill can be reduced then it must be examined. I have, therefore, directed that a Memorandum be prepared for submission to the Government as a matter of urgency on the financial implications of these actions, with a view to deciding how best the public interest and the legitimate interest of those who are suffering from genuine hearing impairment can be reconciled.
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