David Stanton (Cork East, Fine Gael) | Oireachtas source

On behalf of the Minister, Deputy Flanagan, who, unfortunately, cannot be here, I thank Senator Burke for raising this very important issue. The Criminal Injuries Compensation Tribunal administers the scheme of compensation for personal injuries criminally inflicted. The scheme was established on a non-statutory basis in 1974. The tribunal consists of a chairperson and six members. Tribunal members are practising barristers and solicitors who provide their services on a part-time basis.

The average number of applications received annually by the tribunal in the past five years was approximately 220. To date in 2017, it has received 153 applications. The length of time taken to process an application can vary widely from case to case. Each case is addressed on the basis of its individual circumstances. While applications are processed with the minimum of formality compared with court proceedings, 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. For example, I understand that in cases of serious injury to the victim, it can take a considerable amount of time, and in some cases a number of years, before their treating consultant is in a position to give a final prognosis. It is also often necessary to await Garda reports arising from the related criminal investigation before a final decision can be made in a case. By their nature, such investigations can be lengthy and complex.

As a result of these factors, which are outside of the control of the tribunal, waiting times can vary significantly. The majority of applications are assessed by an individual tribunal member. A smaller number of these cases are subject to an appeal process. Appeal hearings must be conducted by three tribunal members, and the member who gave the initial decision is not present at the appeal hearing. Dates for appeal hearings are dependent on the availability of tribunal members, appellants and-or their legal representatives. The tribunal has focused in 2017 on processing a backlog of appeals cases.The tribunal is independent in considering applications and neither the Minister nor the Department has any role in the processing of applications. The Minister has ensured that the tribunal has a full membership complement to enable it to process cases. The operational budget has been maintained over the course of the scheme. The tribunal budget for 2017 is €4.016 million, compared with £545,000 when it was established. I have been advised that while it is a matter for claimants, under the terms of the scheme, to provide the tribunal with all the necessary documentation to support their claim, the tribunal deals daily with queries from members of the public in this regard and offers assistance to them.