Michael D Higgins (Galway West, Labour)
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Question 13: To ask the Minister for Defence the number of claims for damages for deafness determined in court or settled out of court at the latest date for which figures are available; the amount paid out to date in terms of damages or legal costs; the number of such claims outstanding; and if he will make a statement on the matter. [24188/04]

Willie O'Dea (Limerick East, Fianna Fail)
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By 30 September 2004, a total of 16,726 claims had been received in my Department from current and former members of the Defence Forces in respect of loss of hearing allegedly caused during their military service. A total of 333 claims have been determined in court and 15,060 have been disposed of out of court, mainly through settlement, leaving a total of 1,333 claims outstanding at that date. The sum of €277.3 million has been paid in respect of hearing loss claims, including €93.3 million in plaintiffs' legal costs.

Joe Sherlock (Cork East, Labour)
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The Minister's predecessor reported that good progress was being made. What is the state of that progress and what lessons are being learned from the procedures to prevent a recurrence?

Willie O'Dea (Limerick East, Fianna Fail)
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The circumstances which enabled people to sue successfully have been dealt with, for example, proper protective equipment has been issued. I am delighted to inform Deputy Sherlock that 11 claims per week was the norm in 2002. That figure decreased to four per week in 2003 and it is currently down to one claim per week. The early settlement scheme contributed to it being a lot less expensive than had been originally envisaged. That scheme terminated on 26 July 2002. My best estimate is that the situation will be resolved at a cost of just under €300 million, which certainly is money the Government could be using for other things but which, nevertheless, is far less than some of the original estimates, which ranged from €1 billion to €1.5 billion. I envisage that approximately €300 million will be the total cost of the Army deafness claims.

Joe Sherlock (Cork East, Labour)
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The Minister may have given the answer but I did not hear it. What procedure is now in place to prevent a recurrence of the problem?

Willie O'Dea (Limerick East, Fianna Fail)
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Certain circumstances enabled the court to find that the Army had been negligent in not providing proper protective equipment such as hearing muffs for soldiers during military training exercises. I am advised by the military authorities that all those procedures have been put in place to the satisfaction of the legal people who gave the advice in the first instance that the Government had a case to answer.