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Dáil Éireann díospóireacht -
Wednesday, 8 Dec 1999

Vol. 512 No. 4

Written Answers. - Hearing Impairment Claims.

Bernard Allen

Ceist:

36 Mr. Allen asked the Minister for Defence if claims for deafness compensation will be met from his Department's budget or from Exchequer resources; and if he will make a statement on the matter. [26263/99]

Billy Timmins

Ceist:

46 Mr. Timmins asked the Minister for Defence if his Department is the only Department involved in payments in relation to Army deafness cases; and if he will make a statement on the matter. [26320/99]

Louis J. Belton

Ceist:

48 Mr. Belton asked the Minister for Defence if he will give details of the compensation scheme he will establish to deal with deafness compensation claims from members of the Defence Forces. [26276/99]

Seán Barrett

Ceist:

61 Mr. Barrett asked the Minister for Defence the way in which he will finance the compen sation scheme he will set up in relation to Defence Forces compensation claims. [26296/99]

Michael Finucane

Ceist:

63 Mr. Finucane asked the Minister for Defence the number of claims to date for deafness compensation within the Defence Forces; the cost and number per month in 1999 of these claims; the plans, if any, he has to establish a compensation scheme; if so, the date for its establishment; and if he will make a statement on the matter. [26302/99]

Derek McDowell

Ceist:

76 Mr. McDowell asked the Minister for Defence the number of serving members of the Defence Forces who have lodged claims arising from deafness; the number of cases settled to date; the number outstanding; and if he will make a statement on the matter. [26182/99]

I propose to take Questions Nos. 36, 46, 48, 61, 63 and 76 together.

The number of hearing loss claims received by my Department up to 30 November 1999 is 14,665. The number of serving members of the Defence Forces who have lodged claims is 4,339. Of these, 2,943 claims remain outstanding, while 1,396 have been disposed of. A total of 67 claims have been disposed of by court awards and 1,268 by out of court settlement at a cost of £29.5 million. Forty seven claims have been withdrawn and 14 claims dismissed by the courts. A sum of £9.9 million has been paid in respect of plaintiffs' legal costs, giving an overall total cost of £39.4 million in respect of serving members of the Defence Forces.

The average quantum of damages per claim for the period January to November 1999 was £11,970. This is reduced from an average of £30,874 in 1996. Details in respect of expenditure and numbers of claims per month in 1999 are set out in the tabular statement. The number of claims outstanding is 10,178.

Payments in relation to awards and settlements, as well as plaintiffs' costs, are made from the Department of Defence Vote. The State's legal costs in respect of these claims are met from the Attorney General's Vote. No other Departments are involved in making payments in relation to Army hearing loss litigation claims.

As Deputies will be aware, the Supreme Court delivered its judgment in the case of Hanleyv Minister for Defence yesterday, Tuesday 7 December 1999. It will take time to evaluate the implications of this important judgment for Defence Forces hearing loss claims. However, it seems from a preliminary examination that the tariff laid down by the Supreme Court may form a basis for the introduction of a compensation scheme. I am hopeful that such a scheme can be established as speedily as possible, subject to the approval of the Government. This scheme will be based on the hearing disability assessment system contained in the Green Book. I would prefer such a scheme to be administratively straightforward and provide a speedy process for dealing with claims. In this regard I anticipate that once an individual has had his hearing tested and his Green Book disability assessed, his entitlement to compensation under the scheme can be determined and paid to him within a reasonable period.
The cost implications will form part of the examination being conducted by my Department into yesterday's judgment. In this regard it is anticipated that this year's financial outturn for hearing loss claims will be of the order of £38 million. A sum of £57 million has been provided in the defence estimate for Army hearing loss compensation in the year 2000.

Month

Number of New ClaimsReceived

Number of Claims Settled

Number of Claims Awarded

Total Award andSettlement

Total Paid in Plaintiffs' Legal Costs*

January

99

116

3

£1,911,174.39

£929,344.71

February

99

130

11

£2,083,145.50

£966,439.19

March

62

293

6

£3,544,539.35

£1,534,803.32

April

127

247

4

£3,044,644.09

£1,185,821.15

May

76

197

6

£2,829,743.00

£1,102,134.54

June

119

199

10

£2,252,912.44

£871,687.83

July

33

333

26

£3,713,503.23

£1,045,733.18

August

127

3

0

£21,523.00

£2,422.50

September

75

4

0

£15,618.00

October

93

144

3

£1,543,378.00

£17,191.92

November

51

244

9

£2,835,326.00

*Costs may not have been finalised in all cases where settlements or awards have been made.
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