Written Answers - Hearing Impairment Claims.
Emmet Stagg
Ceist:
59
Mr. Stagg
asked the
Minister for Defence
the number of cases for hearing damage now outstanding; the number of new cases lodged in the past three months; the number of cases for post traumatic stress syndrome which have been lodged; and if he will make a statement on the matter.
[13692/00]
Theresa Ahearn
Ceist:
60
Mrs. T. Ahearn
asked the
Minister for Defence
if he will report on his discussions with the Law Society; and if he will make a statement on the matter.
[13695/00]
Monica Barnes
Ceist:
67
Mrs. Barnes
asked the
Minister for Defence
whether he intends to proceed with the establishment of a tribunal to deal with the deafness compensation cases.
[13696/00]
Thomas P. Broughan
Ceist:
71
Mr. Broughan
asked the
Minister for Defence
the progress made in discussions between his Department and lawyers representing soldiers, mediated by the Law Society, regarding a procedure for resolving Army deafness claims; when his Department last met with the Law Society; when he expects these discussions to conclude; and if he will make a statement on the matter.
[13671/00]
Dinny McGinley
Ceist:
95
Mr. McGinley
asked the
Minister for Defence
the cost in 2000 of the deafness compensation claims paid by his Department; the legal costs involved; and if he will make a statement on the matter.
[13714/00]
I propose to take Questions Nos. 59, 60, 67, 71 and 95 together.
After the Supreme Court delivered its judgment on 7 December 1999 in the case of Hanley v Minister for Defence, I wrote to the Law Society of Ireland asking it to act as a channel of communication between the State and the leading plaintiffs' solicitors in Army hearing loss litigation.
Through the good offices of the Law Society, which facilitated the emergence of a group representing the plaintiffs' solicitors, two meetings took place between officials of my Department and of the Chief State Solicitor's office and the plaintiffs' solicitors' representatives. These meetings were held on 3 February 2000 and 1 March 2000 in Blackhall Place.
The purpose of the meetings was to explore the possibility of establishing a mechanism on a pilot basis whereby disposal of Army hearing loss litigation could be speeded up and removed from the courts using the Hanley tariff prescribed by the Supreme Court. Following these meetings it was agreed that Army hearing loss claims which were due to come before the High Court in Dublin during the Easter term which commenced on 4 May 2000 might be adjourned. This adjournment was granted by Mr. Justice Johnson on 14 April 2000. In addition, adjournments have been granted for the Easter term High Court sittings in Kilkenny, Limerick and Dundalk.
The granting of this adjournment has provided a period during which a pilot scheme of direct negotiations between the Chief State Solicitor and individual firms of solicitors representing plaintiffs has been initiated. The object of this scheme is to settle as many of the claims listed for this term as is possible without recourse to the courts. Progress will be subject of review in early June.
I express my appreciation to the Law Society for the role it has played in the establishment of this pilot scheme. There will, of course continue, to be ongoing communication between the Chief State Solicitor's office and plaintiffs' solicitors as the settlement process advances.
In view of the foregoing developments, I do not consider that the establishment of a formal compensation tribunal, which would be considerably more costly and slower than direct settlement negotiations, is necessary or warranted at this time. I believe that the Hanley judgment provides a basis whereby the vast majority of existing claims can be settled on terms which are both fair to plaintiffs and to the taxpayer. An out-of-court settlement scheme should also provide a speedy method of dealing with outstanding claims with a significant reduction in legal costs. If the pilot scheme is judged successful it will, of course, be continued and extended.
There are 9,357 hearing loss cases outstanding at present including 216 new cases lodged in the past three months. Some 917 cases have been settled in 2000 at a cost of £6.665 million. Legal costs have been paid in respect of 126 of these settled cases at a cost of £0.690 million.
In total, £81.343 million in damages and £31.165 million in legal costs have been paid in respect of hearing loss cases to date.
A total of 35 cases of post traumatic stress syndrome have been lodged to date of which one has been the subject of a court award and two have been settled.
