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Dáil Éireann díospóireacht -
Wednesday, 25 Feb 1998

Vol. 487 No. 7

Priority Questions. - Hearing Impairment Claims.

Frances Fitzgerald

Ceist:

10 Ms Fitzgerald asked the Minister for Defence the current position in relation to Defence Forces compensation cases; the number of cases currently being received per week; the progress to date in 1998 of the working group he has established with the Law Society and the interdepartmental working group; when the expert group report will be available; the way in which he intends to ensure that the expert group report entitled The Green Book is accepted; and his estimate of the effect of the expert group reaching agreement on an agreed Irish standard on projected cost to the Exchequer of handling these cases. [5261/98]

By 17 February this year settlements had been reached in a total of 1,422 cases and court awards following hearing had been made in 87 cases. A further 59 cases were successfully defended or withdrawn. Compensation of £36.161 million and plaintiff costs of £6.136 million have been paid in respect of 1,568 cases finalised. Since the beginning of this year 928 cases have been received, an average of 132 per week.

In relation to the Law Society, officials of my Department met the society on 9 December 1997 and I met them on 20 January 1998. A working group will continue the work of those meetings in seeking to explore ways to reduce legal costs in these cases. A mutually convenient date for the meeting of the group is being arranged at present.

The interdepartmental working group, chaired by my Department, consists of representatives of the Department of Finance and the Department of Justice, Equality and Law Reform as well as the Office of the Attorney General. It is tasked specifically with examining a number of legislative options which might be adopted to deal with this problem. It met on three occasions since its formal establishment in January 1998. Prior to that the departmental representatives were in regular contact. The working group is making good progress.

The report of the expert group on assessment of handicap resulting from hearing loss is expected shortly. It is intended to adduce this report in evidence in further cases before the courts and it will be a matter then for the Judiciary to decide its evidential value. As this is an outcome I cannot predict, I am not in a position to comment further on any effect the report may have on expenditure other than to say I hope it will provide a basis for uniformity and fairness of compensation. Pending receipt of the report of that expert group all cases have been adjourned to the beginning of next term which I believe will be 21 April 1998.

The selection of the expert group was a matter entirely for the Department of Health and Children and professional expertise and experience were the only criteria used in inviting members to participate. Furthermore, that group was told at the outset that it was free to consult and take evidence from whomsoever it saw fit or necessary.

It appears the average number of cases per week has increased from 100 to 132 in the past few weeks. The huge amount of publicity, the Minister's strong condemnation, and the highlighting of individual cases appear to have had the effect of increasing the number of cases. The numbers have not diminished. The Minister has a breathing space at present, given the High Court decision. Is he seriously considering alternatives to the court route? We must remember that expert opinion is not law and that, irrespective of what happens, the enormous numbers of cases have increased up to 132 per week and are still increasing, at huge cost to the Exchequer. Genuine claimants are uncertain what the future holds for them.

Has the Minister taken the opportunity of this breathing space to consult with the representative organisations, which have made a number of suggestions about an alternative route and want to meet him? He has not set a date for the Law Society working group to begin its work, which is surprising because the Minister talked a good deal about reducing costs by 50 per cent. Why has there been a delay in setting up the working group and discussing with lawyers how to reduce the costs?

I reject out of hand the contention that any effort made by the Department and myself in recent months has added to the number of cases coming forward. There were over 6,200 cases last year and any measurement up to date indicates more or less the same picture. There has been no increase but there has also been no decrease, which is still a worrying trend. It is important to take into account that since this more integrated effort to manage the problem, the average quantum has come down by £7,500 per claim. If that is stretched over the total number of claims it means a massive reduction, of the order of hundreds of millions of pounds, in the aggregate quantum and I am sure the Opposition parties have no objection to that.

As to an alternative way of dealing with the problem, from the time I had the opportunity to assess all the aspects a number of factors have been absent. First was an objective way of assessing hearing handicap which was acceptable to the courts. Notwithstanding that acceptance, if it comes, the courts may not be the best place to deal with such huge numbers. It would have an enormous paralysing effect on the High Court in terms of other injury claims. I am therefore proceeding with my earlier proposal to establish a compensation board. I must obviously take into account how the board will develop. If the quantum in the courts were to remain as high as it is, notwithstanding its reduction, claimants would still be attracted to that system. The establishment of a board must therefore await the outcome of the objective assessment of handicap, the reaction of the courts to that system and, we hope, a reduction in the quantum in those cases where there is little or no handicap.

As far as genuine claimants are concerned, I am anxious to see the doors opening as quickly as possible to a comprehensive and equitable assessment of these cases. There will be no holdup on my side. The problem up to now was that the quantum awards were so high in respect of slight or no hearing handicap and the sheer numbers were such that it was essential for me to get a grip on the circumstances, as it would have two detrimental effects, the long-term results of which could be disastrous — first, the unique relationship between the Defence Forces and the people could be fractured permanently and, second, the taxpayers, who must carry the final load, would be asked to carry a burden which, in my view, would be unfair as against competing considerations in genuine handicap cases.

I am unclear — I thought the Minister said the number of cases per week had changed from 100 to 132, which is an increase.

The total number of cases last year was 6,200. The average for last year was over 100 per week but it varied.

It does seem there has been an increase this year.

We are dealing with total numbers, not just weekly numbers.

The Minister was quoting weekly numbers for last year. The unique relationship between the people and the Defence Forces has undoubtedly been fractured and certain aspects of the Minister's approach have added to that.

Will the Deputy ask a question?

Morale is low and the Minister must outline what steps he intends to take to improve it. We must take into account not only the Army compensation claims but the recent court martial, the other cases reported, the problems with key tasks such as search and rescue, the non-participation in the Partnership for Peace and the delay in publishing the Price Waterhouse report. What steps does he intend to take to ensure morale is built up after this damaging period? When will the expert group report be ready?

The expert group report will be available in the first weeks of March and I will publish it immediately. It is rather simplistic to blame the current Minister for Defence for a decline in morale in the Defence Forces arising from the present problem. One in four currently serving members of the Defence Forces has submitted claims in respect of deafness — the distribution is uneven across the country but that is the overall figure. I inherited this poisoned chalice from the Deputy's party, which was in charge while this problem built up. To ignore it, if that is what she suggests, would be irresponsible politically and in every other way. That is not to say I do not make mistakes but I am seriously trying to address the matter.

One thing which has been helpful to me is the relationship I have maintained with the representative organisations. Only one of every ten letters I receive from serving and retired soldiers and the public has been against the action I have taken. The leadership of the military authorities has agreed that we must come to grips with this by moving it out of the glare of publicity and establishing a fair and equitable system for dealing with the problem. That is what I have set out to do and, despite the odd skirmish, most Opposition Deputies accept it is what we should do.

As to building up morale, I visited the Glen of Imaal recently to meet young recruits — Deputy Timmins would be more familiar with activities there. I was amazed at the level of morale. I asked each recruit the same question — whether, in the midst of this crisis, he or she would join again — and they all said yes. I have tried to make the first tranche of recruitment this year more equitable for female applicants as regards the height requirement. We will continue with the refurbishment programme, the preparation for armoured personnel carriers and the preliminary response to that. On every front, we will keep the positive elements going. My hope is that in a few months, when the system is in place and it is fair to the public, the taxpayers and soldiers, and genuine claims can be dealt with quickly, we can concentrate on rebuilding what has been damaged. I accept damage has been done, although it has not been of my making. My task is to instigate reform and bring closer the day when we can leave this traumatic experience behind.

Given what the Minister has said about how he is not taking a high publicity approach but is tackling the problem in detail, I am puzzled by the slowness of some of the consultation with PDFORRA, RACO and the Law Society. Not enough action has been taken on getting the working group in train with the Law Society. Has the Minister had detailed discussions with the two representative organisations on setting up the compensation board? Is he making progress in that regard?

It was my decision to establish the Army compensation board. As soon as I made up my mind I engaged in immediate consultations with RACO and PDFORRA and I won 100 per cent support for that arrangement. I accept the working group could speed up its activities in relation to reducing the legal fees and I undertake to see what action could be taken to do that.

I have had an uneasy relationship, in a sense, with the Incorporated Law Society because of what I said about a minority of the legal profession, particularly ambulance chasing solicitors. I saw red when I saw the advertisement in last Monday's Evening Herald with a freefone number and an offer to visit injured persons any evening, seven days a week.

Has the Minister made a formal complaint to the Law Society about the cases he cited?

I did not quote a particular case but an advertisement——

Has the Minister given details of the ambulance chasing solicitors about whom he is concerned to the Law Society and asked it to formally investigate them?

I made an honourable agreement with the Incorporated Law Society under which the onus is on it to produce the first part of a tripartite arrangement. As soon as the Incorporated Law Society shows me its mettle, I will meet it on every front on the other occasions.

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