Vol. 512 No. 4
29 Mr. Stanton asked the Minister for Defence the procedures and compensation arrangements in place with reference to members of the Reserve Defence Force in the event of injury during training or while attending annual training camp; and if he will make a statement on the matter. [26379/99]
Members of the FCA and An Slua Muirí who are injured in the course of their duties may apply for compensation under a non-statutory scheme administered by my Department. Typically, this would cover injuries sustained on duty while participating in annual camp, field days, exercises, parades and courses of instruction. The scheme applies to all ranks and includes provision for compensation for medical disablement by way of periodic payments and for loss of earnings and/or certain medical expenses.
In general, formal application under the scheme must be made to my Department within six months of the date on which the injury was sustained. Eligible applicants are referred to the Army Pensions Board for medical examination and assessment of their percentage degree of disablement due to the qualifying injury. The board is an independent statutory body which investigates such matters in the case of members of the Defence Forces.
Based on the board's findings, successful applicants may be awarded periodic compensation from the date of the injury. The rates of payment depend on the percentage level of disablement assessed by the board and are the same as the rates of disablement benefit payable under the social welfare occupational injuries scheme. These payments are revised annually in line with increases in disablement benefit, while the level of disablement may be reviewed by the board from time to time.
Periodic compensation may be payable for the lifetime of the injured member if permanently disabled. Compensation for loss of earnings may not be paid for more than 26 weeks in respect of any injury.
I thank the Minister for that information. When was this scheme put in place? What is the composition of the board he mentioned? How many people have availed of this scheme and have people gone to the courts to avail of compensation?
Some 31 persons are in receipt of periodic compensation and the total expenditure in 1999 is estimated at about £54,000. Two applications were received in 1995, 1996 and 1997, two were received in 1998 and none have been received so far in 1999. The scheme is based on the Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942, as amended, and the Air-Raid Precautions Services (Compensation for Personal Injuries) Scheme, 1973, as amended. I am not able to give the Deputy the names of the members of the board but I will get the additional information for him.
On the procedures in place as regards members of the Reserve Defence Forces, when does the responsibility of the military or the Department cease? What are the procedures when somebody is injured while on duty or in training? Are they stood down immediately and left to their own resources or do the military and the Department have a role in following up and ensuring these people are looked after? Is it their own responsibility?
Does the Minister believe it is fair that people who serve the country by getting involved in the Reserve Defence Forces could be seriously out of pocket and have to rely on social welfare payments or the equivalent for 26 weeks only if they sustain an injury through no fault of their own but as result of a mishap?
It would be fair to say that responsibility lies in a number of areas if somebody is injured. Management has a role as far as the Defence Forces is concerned and the individual has a responsibility. There is an appropriate way to apply if a person believes they have been injured while on exercise with the FCA and there is a specific time frame within which they must do so. Twenty six weeks is normal. There is an exceptional position as far as the Permanent Defence Forces is concerned and it can be up to one year. It is not fair to make a direct comparison because people who are in the FCA are normally in another business or walk of life. One cannot make a comparison between the two.
The fundamental point the Deputy is making and with which I agree is that in terms of the training and operations in which they are involved, it is important that safety procedures are at such a level that accidental injuries which can lead to people being out of work for any length of time can be virtually eliminated. As the Deputy will see from the figures I have given him, there have been few cases over a relatively lengthy period. To the extent we can, we should try to eliminate them altogether. If a person suffers injury, is out of work and loses income, we must be as careful as possible to do what we can to cushion them against the financial loss, etc., involved.
Has there been recourse to the courts in recent years? If so, will the Minister give us details?
As far as I know, 13,000 former or serving members of the FCA have claims before the courts in respect of hearing losses. I am sure there is probably a handful of other cases which I can dig up for the Deputy but that is the substantial number.
