Vol. 505 No. 2
15 Mrs. Barnes asked the Minister for Defence the consultations, if any, his Department has had with experts in the fields of medicine and statistics regarding the modified assessment methodology developed in the Hanley court judgment; if a decision has been made in this regard; and if he will make a statement on the matter. [12673/99]
39 Ms Fitzgerald asked the Minister for Defence if he has made a decision in relation to the Hanley case; and if aspects of it are to be further tested in the High Court. [12672/99]
74 Ms Fitzgerald asked the Minister for Defence if he has made a decision in relation to the Hanley case; and if aspects of it are to be further tested in the High Court. [13348/99]
75 Ms Fitzgerald asked the Minister for Defence the consultations, if any, his Department has had with experts in the fields of medicine and statistics regarding the modified assessment methodology developed in the Hanley court judgment; if a decision has been made in this regard; and if he will make a statement on the matter. [13349/99]
I propose to take Questions Nos. 15, 39, 74 and 75 together.
As Deputies are aware, I have expressed reservations in relation to some aspects of the judgment in the Hanley case, particularly in relation to the additional prognostic factor which was added to the Green Book method of assessing hearing disability in order to take account of the future effect of noise damage to an individuals hearing ability. My particular difficulty revolves around the increasing unreliability of any statistical methodology the further into the future it is required to predict. Allied to this concern is that the additional prognostication methodology greatly increases the tariff which applies in these claims.
My Department has, accordingly, consulted with experts in the fields of medicine and statistics regarding the modified assessment methodology as developed in the Hanley case. However, having obtained legal advice on the issue, I am of the view that these concerns should not delay the hearing of the Hanley case in the Supreme Court. A Certificate of Readiness has thus been lodged by the State to the Supreme Court in the Hanley case. The decision to proceed with the Hanley appeal will not prevent a further airing of the concerns in relation to the prognostic element of the Hanley judgment in the High Court.
