Dáil Éireann Debate, Tuesday - 27 November 2018
300. Deputy John McGuinness asked the Minister for Justice and Equality the number of cases before the Criminal Injuries Compensation Tribunal involving the Irish Prison Service; the length of time that each has been waiting for a decision; and if he will make a statement on the matter. [49014/18]
Amharc ar fhreagra301. Deputy John McGuinness asked the Minister for Justice and Equality the number and name of those who serve on the Criminal Injuries Compensation Tribunal; the number of cases dealt with each year; the cost per year of the tribunal; and if he will make a statement on the matter. [49015/18]
Amharc ar fhreagraI propose to take Questions Nos. 300 and 301 together.
The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted (General Scheme) and the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.
The Tribunal consists of a Chair and six ordinary members who are practicing barristers or solicitors, supported by a Secretariat staff. The current membership is:
|
Chair |
Helen Boyle, B.L. |
|
Ordinary Member |
Martin Lawlor |
|
Ordinary Member |
Grace Mulherin, B.L. |
|
Ordinary Member |
Cian Kelly, B.L |
|
Ordinary Member |
Mema Byrne, B.L. |
|
Ordinary Member |
Niamh Tuite |
|
Ordinary Member |
William Aylmer |
There are currently no vacancies to be filled on the Criminal Injuries Compensation Tribunal. I have ensured that a full Tribunal membership has been maintained in order to continue to address claims as promptly as possible. The term of office for all Ordinary members has been extended to June 2019 pending the completion of a recruitment process for new members.
The number of applications received and the amount of compensation paid under both schemes is provided in tabular form below, though I should state that the amount paid out in any given year is not reflective of the applications received in that year, for various reasons, including that compensation payments may relate to applications made in prior years.
|
Year |
Number of Applications Received (General Scheme) |
Compensation Paid (€) |
|
2014 |
257 |
3.955m |
|
2015 |
217 |
4.016m |
|
2016 |
210 |
3.765m |
|
2017 |
181 |
3.978m |
|
Year |
Number of Applications Received (Prison Officers) |
Compensation Paid(€) |
|
2014 |
76 |
0.977m |
|
2015 |
75 |
0.575m |
|
2016 |
89 |
0.750m |
|
2017 |
107 |
0.741m |
It is not possible to provide an average length of time to settle each claim as it varies depending on the circumstances of each case. While applications are processed with the minimum of formality compared to court proceedings where compensation is being claimed under the Civil Liability Acts, in making their decisions Tribunal Members must be satisfied that all supporting documentation submitted is in order. In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of medical conditions being assessed.
Because of the manner in which cases are recorded, in particular cases which are open but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of cases awaiting decision and those which are deemed to be open. I have asked that a detailed assessment be made of the caseload with a view to clarifying this matter, and to inform a full review of processing capacity under the scheme.
Finally, administrative costs of the Tribunal for the years 2014-2017 are set out below. These figures include payments to Tribunal members, legal costs and the salaries of Secretariat staff:
|
Year |
Cost(€) |
|
2014 |
263,031 |
|
2015 |
213,035 |
|
2016 |
227,597 |
|
2017 |
349,469 |
