Written Answers Nos. 232-246
232. Deputy James Lawless asked the Minister for Justice and Equality if there are delays in the waiting times for the grant of probate applications; the status of a grant of probate application by a person (details supplied); and if he will make a statement on the matter. [8212/18]
Amharc ar fhreagraThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that waiting times in the Probate Office for a Grant of Probate are currently 16 weeks for applications made by solicitors on behalf of clients and approximately 40 weeks for personal applications.
As the Deputy is aware, all applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants. Priority is given to probate applications where there is a particular urgency or in extenuating circumstances. In such cases, it is open to applicants to bring the matter to the attention of the Probate Office.
As the Deputy will appreciate all applications for Grants in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants. These require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law. Where a person opts to apply for a Grant personally, without the assistance of a solicitor, the process requires significant extra support from the Probate Office.
The Courts Service has advised that it is aware of the lengthy waiting times for probate applications, particularly personal applications, to the Probate Office and is working to improve the situation. Additional resources have been provided to the Probate Office to address the current delays. The Courts Service has also advised that it is currently finalising a full review of the probate system and it is anticipated that a report with recommendations for the modernisation of the process will now be presented early this year.
The Courts Service has also informed me that enquiries cannot be made into the status of a grant of probate application as sought by the Deputy without the date of death of the deceased person in question and an indication of on whose behalf the information is being sought in order to adhere to data protection requirements.
233. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 101 and 102 of 22 June 2017, if the information is now available; and if so, if same will be provided. [8238/18]
Amharc ar fhreagraI can confirm to the Deputy that the information is at an advanced stage of being collated and will be provided as soon as possible.
234. Deputy Billy Kelleher asked the Minister for Justice and Equality the opening date for a new Garda station in an area (details supplied); the number of gardaí that will be stationed there; the opening hours of the station; and if he will make a statement on the matter. [8242/18]
Amharc ar fhreagraAs the Deputy will appreciate, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation and I, as Minister, have no direct role in the matter.
The Deputy will be aware that the development of a new Garda station for Glanmire is included in the Garda Station Building and Refurbishment Programme 2016-2021, which is an ambitious 5 year programme, based on agreed Garda priorities, designed to benefit over 30 locations.
I understand from the Garda authorities that the project is currently at tendering stage which is being managed by the OPW. I am informed that the OPW is not yet in a position to be definitive as to when the contract will be placed. It is anticipated, however, that construction works will take up to 9 months following the award of the contract.
As to the question of opening hours and assignment of personnel to the proposed station, the Deputy will appreciate that this is a matter for the Garda Commissioner to determine in due course having regard to available resources and operational needs as identified by local Garda management.
235. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason it has taken in excess of four years to make a decision on the application of a person (details supplied) for naturalisation; and if he will make a statement on the matter. [8279/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
236. Deputy John Lahart asked the Minister for Justice and Equality the number of Syrian refugees who have arrived here in each of the years since 2011; and if he will make a statement on the matter. [8280/18]
Amharc ar fhreagraAs the Deputy is aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 in direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa.
Under this programme, the Government has pledged to accept a total of 4,000 persons into the State. Of these, 2,622 were to be by means of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece. It should be noted that Ireland voluntarily opted into the two EU Council Decisions on Relocation (2015/1523) and (2015/1601), which provided for the relocation of 160,000 asylum seekers from Italy and Greece throughout the EU. However, this mechanism was unable to deliver the numbers allocated under the relevant Council Decisions as insufficient numbers of asylum seekers were registered in both Greece and Italy.
A further 1,040 persons were to come to Ireland under the UNHCR-led refugee resettlement programme, currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms.
The following table lists the number of Syrian refugees who were brought to Ireland under the UNHCR-led refugee resettlement programme from the Lebanon in each year since 2011. It should be noted that 2011 pre-dates the establishment of the IRPP. These persons were granted refugee status before their arrival in Ireland. Hundreds more are also scheduled to arrive in 2018 under this mechanism.
|
Year |
Number |
|
2011 |
0 |
|
2012 |
0 |
|
2013 |
0 |
|
2014 |
89 |
|
2015 |
149 |
|
2016 |
335 |
|
2017 |
261 |
|
2018 |
0 |
|
Total |
834 |
The following table lists persons who applied for Asylum/International Protection in Ireland, giving Syria as their country of origin. Since 2016, the majority of these have been relocated to Ireland from Greece under the EU relocation programme.
|
Year |
Total Number of applications to IPO |
Number of Syrians admitted to the State under EU Council Decisions 2015/1523 and 2015/1601 |
|
2011 |
9 |
0 |
|
2012 |
15 |
0 |
|
2013 |
38 |
0 |
|
2014 |
25 |
0 |
|
2015 |
74 |
0 |
|
2016 |
244 |
190 |
|
2017 |
545 |
502 |
|
2018* |
56 |
55 |
|
Total* |
1,006* |
747* |
* Figure as of 11 February 2018.
Approximately two hundred more asylum seekers will arrive from Greece under the relocation mechanism in the coming weeks and months.
In order to fill the shortfall left by the lower than anticipated numbers arriving under the relocation mechanism, I intend that Ireland will use the long established programme refugee mechanism in partnership with UNHCR, and I have already made additional pledges to that effect, as well as the new Family Reunification Humanitarian Admission Programme (FRHAP), in order to ensure that Ireland delivers on its commitment to accept 4,000 persons.
237. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of community gardaí in Ballymun station in each of the years 2008 to 2018, inclusive; and if the number will be increased to deal with the increased level of gun crime in the area. [8289/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am advised that local Garda management are making every effort to deal with problems arising in the Ballymun area and that a number of measures have been put in place, including additional high-visibility patrols, support from the public order unit and operations by the local drug unit and these will continue into the future.
I am informed by the Commissioner that the strength of Ballymun Garda Station on 31 December 2017, the latest date for which information is readily available, was 113 of which 8 are designated as Community Garda. There are also 7 Garda Reserves and 8 Garda civilian staff attached to the Ballymun Garda Station. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
In addition, at the request of the Commissioner in 2016, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area. Funding was approved for the establishment of a dedicated Armed Support Unit (ASU) for the DMR in order to enhance armed support capability in Dublin and to free up the resources of the Emergency Response Unit. Following a selection and training process, the ASU for the DMR became fully operational in December 2016 and is providing armed cover in the DMR on a 24 hour basis. Members of the ASU are highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout the DMR Divisions including the DMR North.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 29 have been assigned to Ballymun Garda Station. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.
I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division.
In relation to the number of "Community Gardaí " it is important to recognise that community policing is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation as a “Community Garda" simply refers to those who are exclusively assigned to building relationships with local communities including through the giving of talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.
I am assured by the Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Overall the Model advocates a partnership based, pro-active, community-orientated style of policing. It is focused on crime prevention, problem-solving and law enforcement, with a view to building trust and enhancing the quality of life of the entire community. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies.
As part of the Community Policing Model An Garda Síochána work in partnership with local communities, to prevent and deter crime through initiatives such as Neighbourhood Watch, Community Alert, Text Alert and the Garda Schools Programme as well as through more formal structures such as Joint Policing Committees.
The Community Policing Model also places a strong emphasis on Crime Prevention and within each Garda Division, where there are specialist Crime Prevention Officers (CPOs), who are trained to encourage, promote and advise on crime prevention within communities.
In addition, the National Community Policing Office, attached to the Garda Community Engagement Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
I have previously stated that I welcome the strong emphasis that the Commissioner's Modernisation and Renewal Programme 2016-2021 places on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District. In terms of progress on this important initiative, I am informed that a draft Community Policing Framework which outlines the manner in which Community Policing Teams will be established has been completed and is subject to internal review before being approved by the Garda Executive for implementation.
For the Deputy's information, I have provided in tabular form, in the following document, the total strength and Community Gardaí strength of Ballymun Garda Station as of 31 December 2008 to 31 December 2017 the latest date for which figures are readily available, as provided by the Commissioner.
|
Ballymun Garda Station |
|||
|
Community Gardaí |
Gardaí |
Total |
|
|
2008 |
10 |
102 |
112 |
|
2009 |
10 |
120 |
130 |
|
2010 |
15 |
113 |
128 |
|
2011 |
15 |
98 |
113 |
|
2012 |
12 |
106 |
118 |
|
2013 |
10 |
108 |
118 |
|
2014 |
8 |
106 |
114 |
|
2015 |
6 |
118 |
124 |
|
2016 |
6 |
111 |
117 |
|
2017 |
8 |
105 |
113 |
238. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality when he plans to begin the process of a commission of investigation to examine the handling of the investigation of a person (details supplied). [8319/18]
Amharc ar fhreagra253. Deputy Micheál Martin asked the Minister for Justice and Equality the status of the establishment of a commission of inquiry into the allegations against a person (details supplied); and if he will make a statement on the matter. [8747/18]
Amharc ar fhreagraI propose to take Questions Nos. 238 and 253 together.
The Government is committed to establishing the facts in this case and accordingly decided in May 2017 to establish a Commission of Investigation. The advice of the then Attorney General was that there would be severe delays if the Commission were to be established at that time while legal matters were outstanding, including ongoing investigations into further offences, and a concern that evidence, adduced at a Commission or required to be disclosed to potential witnesses under the Commissions of Investigation Act 2004 may impact upon future prosecutions. This decision was communicated directly to the lawyers for victims involved at the time.
I am advised that the criminal investigations have resulted in the Director of Public Prosecutions bringing 99 further charges against Bill Kenneally. The DPP, of course, operates independently of Government.
I am anxious to establish the Commission and in this regard I have had discussions with the Attorney General while my officials are working intensively with their counterparts in the AG’s office to find a clear, workable solution which will allow for the formal establishment of a Commission of Investigation in a way which does not impact upon any current or future criminal prosecutions.
This is a high priority for me and I am acutely aware of the pain and suffering that has been endured by the victims. Once a clear, workable, legally sound path to the establishment of the Commission is agreed with the Attorney General’s Office, I will meet with the victims at the earliest possible opportunity to brief them on the new proposals.
239. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to an application for stamp 4 leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [8382/18]
Amharc ar fhreagraI would refer the Deputy to my response to his Parliamentary Question No. 214 on 14 December 2017. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains unchanged.
INIS has received a request for permission to remain in the State by the person concerned. However, this case is among a number of cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in Luximon v. Minister for Justice and Equality which was heard in the Supreme Court on 30 November 2017. A decision will issue in this case when the matters before the Courts have been finalised.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
240. Deputy Clare Daly asked the Minister for Justice and Equality his views on the delays being experienced by persons who have been offered positions as clerical workers in An Garda Síochána (details supplied); and if he will make a statement on the matter. [8387/18]
Amharc ar fhreagraAs provided for in the Garda Síochána Act 2005, the civilian staff of An Garda Síochána are Civil Servants of the State and the Garda Commissioner is the Appropriate Authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996) for these staff.
As the Deputy will appreciate, given the nature of the functions of An Garda Síochána, it is necessary for checks secondary and in addition to vetting to be carried out on persons considered for employment in An Garda Síochána.
These checks can take time to complete for a variety of reasons depending on the individual case. However every effort is made to expedite this process to the greatest extent possible and to ensure that there is no undue delay arising.
241. Deputy Michael McGrath asked the Minister for Justice and Equality the plans of An Garda Síochána in regard to the 1,500 posts identified for civilianisation by the Policing Authority; and if he will make a statement on the matter. [8388/18]
Amharc ar fhreagraThe Government approved an ambitious combined five-year reform and high level workforce plan for An Garda Síochána in July 2016. The plan which is underway through the vehicle of the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 includes a commitment to achieving a medium term target of 20% civilians by 2021, in effect a doubling of civilian staff to 4,000 over the term of the programme. This is to be achieved through twin policies of "civilian by default" and redeployment. "Civilian by default" refers to the filling of new posts other than operational policing posts and non-operational policing posts that become vacant by civilian staff unless policing expertise is required.
In relation to the redeployment policy this is informed by Garda Inspectorate's "Changing Policing in Ireland" report which estimated that approximately 1,500 Gardaí may be suitable for re-deployment. The Government’s plan aims to return as many of these Gardaí as possible to front-line duties over the next five years.
An Garda Síochána is currently working on the development of a redeployment plan in respect of the 1,500 target and has identified a target of approximately 160 for redeployment in the first part of 2018. However, in relation to redeploying Gardaí, I would emphasise that this is not something that can be done overnight. It is important that this is done fairly and that it takes account of individual circumstances including the length of time that a Garda has been away from the front-line and the reasons behind it. Some Gardaí may, for example, be on light duties following an injury in the course of their work while others may have been assigned to administrative duties early in their policing careers and may need refresher training to support their transition to front-line duties. Garda management is working to develop a model that will take account of these issues.
It is important that these issues are bottomed out at this stage as this will, I believe, facilitate more Gardaí being deployed to frontline policing duties in the medium to longer term. It will be a major change for the organisation and it is important that it is well-managed so that members and civilian staff embrace it rather than resist it. This will assist in ensuring the development of a culture of sworn members and civilians working together seamlessly each making a valuable contribution to the delivery of effective policing services.
I will be meeting the Garda Commissioner in the coming days with regard to progress on the reform plan and I will be stressing the importance of, and the need to accelerate, civilianisation including redeployment during 2018.
Civilianisation including redeployment will not happen overnight but as I have made clear, the implementation of the ambitious reform programme, including civilianisation, must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland.
242. Deputy Anne Rabbitte asked the Minister for Justice and Equality when a case (details supplied) will be heard; and the protocol and timeframe for hearing cases in which family disputes and welfare issues are raised. [8427/18]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business are matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it would not be appropriate to comment in relation to an individual case before the Courts. The Courts Service has informed me that the Presidents of the Courts monitor waiting times and workload across all court lists and seek to ensure the optimum use of court time and judicial resources. Wherever possible, the Presidents target additional judicial resources at the areas of greatest need.
In terms of timeframes generally, domestic violence applications are prioritised in all District Courts throughout the country. Applications such as Protection Orders are prioritised in the District Court and are usually granted where the Court so decides on the date the application is made to the Court. Typically interim barring orders, which are also an emergency application, are also made ex parte and granted on the date of application. There are, therefore, no delays in dealing with such applications. Applications for Barring Orders are prioritised within court lists and a decision is generally made on such applications on the first listing date. Where adjournments occur they are generally granted at the request of one or both parties.
The Courts Service has advised that delays in the hearing of cases can arise from a number of factors, some of which can be outside the control of the courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments which can have an impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting. Most adjournments are sought by parties to a case.
The Government is committed to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly. My Department is currently working on the General Scheme of a Family Court Bill which will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. The intention is to establish a dedicated Family Court within the existing court structures. The Family Court Bill will support the provisions in the Mediation Act 2017 by encouraging greater use of alternative dispute resolution to assist in more timely resolution of family law cases.
243. Deputy Michael McGrath asked the Minister for Justice and Equality when the commencement order for all Parts, except Part 4, of the Civil Liability (Amendment) Act 2017 will be signed (details supplied); and if he will make a statement on the matter. [8485/18]
Amharc ar fhreagraThe position is that, following the making of necessary Rules of Court, I expect to be in a position to commence all Parts, except Part 4, of the Civil Liability (Amendment) Act 2017 in the coming weeks. Part 4 of the Act, which deals with the issue of open disclosure of patient safety incidents, will be the subject of a separate commencement order by the Minister for Health.
244. Deputy Michael McGrath asked the Minister for Justice and Equality when a statutory instrument that would provide for a pre-action protocol under the Legal Services Regulation Act 2015 will be signed; and if he will make a statement on the matter. [8486/18]
Amharc ar fhreagraAs the Deputy will be aware, under Part 15 of the Legal Services Regulation Act 2015, provision is made for the issue of regulations for the use of pre-action protocols in clinical negligence actions. It also provides that I, as Minister, shall consult with a number of relevant stakeholders prior to the making of such regulations specifying the terms of the proposed pre-action protocol.
As part of that exercise, my Department circulated a Draft Protocol along with the relevant provisions of the 2015 Act to 34 stakeholders under the terms of the 2015 Act in September 2017. A total of 20 responses have been received, one within the past week.
Based on my Department’s detailed consideration of those responses received, including in conjunction with the Office of the Attorney General, a revised version of the initial Draft Protocol is being finalised. On that basis, I would expect the commencement of Part 15 of the 2015 Act and the issue of the relevant regulations for a pre-action protocol being made under it to be completed during the period of April-May this year.
245. Deputy Michael McGrath asked the Minister for Justice and Equality when the Garda Síochána (compensation) Bill will be published and passed; and if he will make a statement on the matter. [8487/18]
Amharc ar fhreagraThe Deputy will be aware that the proposed Garda Síochána (Compensation) Bill will repeal and replace the Garda Síochána (Compensation) Acts 1941 and 1945, which provide for a scheme of compensation in relation to members of An Garda Síochána who are maliciously injured in relation to the performance of their duties as such members.
I wish to inform the Deputy that, on 9 May 2017, the Government approved the drafting of the proposed legislation based on the General Scheme of the Bill which is available on my Department's website (www.justice.ie).
The Scheme is currently with the Office of Parliamentary Counsel for drafting of the relevant legislation.
246. Deputy Michael McGrath asked the Minister for Justice and Equality if he is empowered under the Civil Liability and Courts Act 2004 to set a rate of return or to set a methodology to define a rate of return in respect of claims made against the State; if so, when a rate of return under the Act will be enabled; and if he will make a statement on the matter. [8488/18]
Amharc ar fhreagraThe position is that Section 24(1) of the Civil Liability and Courts Act 2004 gives the Minister for Justice and Equality the power to prescribe by regulation “the discount rate that shall apply for the purposes of the assessment of damages in respect of future financial loss”. To date the power has not been exercised by a Minister. Instead the rate has been set at the discretion of the Courts. The Deputy will be aware that Section 24(3) of the 2004 Act also stipulates, in any event, that a court may apply a discount rate other than the rate prescribed under subsection (1) if it considers that the application of the rate prescribed would result in injustice being done.
The discount rate represents the average ‘real rate of return’ that a ‘prudential investor’ could achieve on an award. The size of the award is ‘discounted’ by the percentage return that the plaintiff can expect to make by investing the award.
In the case of Gill Russell v HSE, the Court of Appeal upheld the determination of the High Court that the discount rate of 3% then being applied by the courts to personal injury lump sum awards was too high for cases involving significant long-term care needs and instead set the rate at 1% for future care costs (to take account of the likelihood that care costs would be higher than inflation) and at 1.5% for other future pecuniary losses (to include future loss of earnings).
My Department has already commenced examination of this issue in consultation with the Department of Finance and the State Claims Agency, taking into account the judgments in the case of Gill Russell v HSE, and the recent discount rate changes in England and Wales.
Officials have engaged with counterparts from HM Treasury to discuss their experiences of reviewing and setting the discount rate in the UK. The State Claims Agency has also carried out some analysis on this subject. A key outcome of this process will be whether regulations should be brought forward to set the discount rate and if so at what rate should they be set.
I do not, on the basis of the decision in the Gill Russell case, propose to introduce regulations to set the discount rate at this stage. However, in conjunction with the Department of Finance and the State Claims Agency, I shall be reviewing legislative developments in the UK on this issue and will give consideration to their applicability or otherwise in an Irish context.
