Seán Ryan
Ceist:75 Mr. S. Ryan asked the Minister for Defence if he will make a statement on the status of the Green Book. [22978/98]
Written Answers. - Hearing Impairment Claims.
Seymour Crawford
Ceist:98 Mr. Crawford asked the Minister for Defence if he will make a statement on the status of the Green Book. [17883/98]
I propose to take Questions Nos. 75 and 98 together.
The report of the Expert Group on Hearing Disability Assessment, otherwise known as the Green Book, was published by the Department of Health and Children on 9 April 1998. The Civil Liability (Assessment of Hearing Injury) Act, 1998, which was subsequently passed by the Oireachtas, gave the Green Book a statutory basis, by requiring the courts to take notice of the Green Book and to have regard to the handicap assessment formula contained therein.
In May 1998, the Green Book was subject to a test case Greenev. Minister for Defence and Others. In the judgment on this case, Mr. Justice Lavan stated in relation to the Green Book and associated legislation that “what is provided for here is a fair and reasonable method for assessing these litigants hearing disabilities”.
However, another judge of the High Court, Mr. Justice Johnson, questioned the Green Book's treatment of the effect of age-related hearing loss and a second test case was required; Hanleyv. Minister for Defence and Others which was heard in July last. In this case, Mr. Justice Johnson also accepted the Green book “as a fair and reasonable means of calculating disability”. However, he went on to say that “the Green Book is not complete and there are some very serious gaps in it” and, in his judgment, provided for a method of calculating the projected effect of current noise induced hearing loss with age-related hearing loss at age 62.
The Green Book has been favourably received by leading international medical experts. Because of the major policy implications and the need to ensure that the full range of national and international medical opinion is taken into account, these issues will be fully addressed again when the matter comes before the Supreme Court. In this regard, I understand that the Supreme Court, in the recent judgment in Smithv. Minister for Defence, stated that prior to the passing of the Civil Liability (Assessment of Hearing) Act, 1998, there was no measurement system for hearing disability which the courts could regard as fair, just and reasonable between both parties in these cases.