Jim Higgins
Ceist:17 Mr. Higgins (Mayo) asked the Minister for Defence his views on whether the Green Book is central to any resolution of the deafness compensation issue; and if he will make a statement on the matter. [9268/99]
Vol. 503 No. 2
17 Mr. Higgins (Mayo) asked the Minister for Defence his views on whether the Green Book is central to any resolution of the deafness compensation issue; and if he will make a statement on the matter. [9268/99]
18 Ms Fitzgerald asked the Minister for Defence the plans, if any, he has to appeal the Hanley case; if the papers of appeal have been lodged by his Department; and if he will make a statement on the matter. [9246/99]
26 Ms Clune asked the Minister for Defence the progress, if any, he has made in establishing a tribunal to deal with deafness compensation claims; the plans, if any, he has to base this on the Green Book or a modification of it following recent court cases; if there will be a scale of compensation; and if he will make a statement on the matter. [9240/99]
70 Mr. J. O'Keeffe asked the Minister for Defence if he expects further deafness compensation claims to be lodged by members or former members of the Defence Forces; and, if so, the likely number involved. [9068/99]
90 Mr. J. O'Keeffe asked the Minister for Defence the steps, if any, being taken to minimise the likelihood of further deafness compensation claims; and if he will make a statement on the matter. [9069/99]
114 Ms Fitzgerald asked the Minister for Defence the progress, if any, he has made in establishing a tribunal to deal with deafness compensation claims; the plans, if any, he has to base this on the Green Book or a modification of it following recent court cases; if there will be a scale of compensation; and if he will make a statement on the matter. [9306/99]
117 Ms Fitzgerald asked the Minister for Defence the plans, if any, he has to appeal the Hanley case; if the papers of appeal have been lodged by his Department; and if he will make a statement on the matter. [9309/99]
136 Ms Fitzgerald asked the Minister for Defence his views on whether the Green Book is central to any resolution of the deafness compensation issue; and if he will make a statement on the matter. [9328/99]
I propose to take Questions Nos. 17, 18, 26, 70, 90, 114, 117 and 136 together.
I have asked my Department to prepare proposals for Government for a compensation scheme for serving and former personnel of the Defence Forces who may have suffered a hearing disability arising from their service. The scheme will be based on the Green Book which has been accepted by the courts as a fair and reasonable system of assessing disability and which has been underpinned by the Oireachtas in the Civil Liability (Assessment of Injury) Act, 1998. It is, accordingly, the key factor in assessing the level of disability in individual claims.
In setting the proposed level of compensation I will be mindful, first, of striking an equitable balance between the rights of claimants with genuine injuries and what can be afforded by the taxpayer. Second, I must also have regard to the quantum of damages awarded by the courts in these cases.
In this latter connection, it is well known that I have reservations about the tariff established last year in the second test case, Hanley. Although the Green Book was generally accepted as the basis for the assessment of hearing injury in that case, an additional dimension was added to take account of future hearing loss. This, combined with the tariff, greatly increases the damages indicated in the first test case, Greene.
19 Mr. U. Burke asked the Minister for Defence the amount paid to date in deafness compensation cases; the cost of legal fees; the awards made; the administrative costs in this regard to date; and if he will make a statement on the matter. [9244/99]
110 Ms Fitzgerald asked the Minister for Defence the fees paid to date to solicitors firms for work done on deafness compensation claims; and if he will make a statement on the matter. [9300/99]
116 Ms Fitzgerald asked the Minister for Defence the amount paid to date in deafness compensation cases; the cost of legal fees; the awards made; the administrative costs in this regard to date; and if he will make a statement on the matter. [9308/99]
164 Mr. Durkan asked the Minister for Defence the number of new Army deafness compensation claims received in the past month; the way in which this compares to previous months; and if he will make a statement on the matter. [9537/99]
I propose to take Questions Nos. 19, 110, 116 and 164 together.
By 19 March last, the total cost of awards, settlements and costs paid by my Department in Army hearing loss claims was almost £71 million; £2.6 million has been paid in respect of 154 court awards, while out of court settlements in 2,698 cases have cost £53 million. Legal fees paid to firms of solicitors amount to £15.3 million to date.