Denis O'Donovan (Fianna Fail)
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I welcome the Minister of State, Deputy Stanton, to the House.

Colm Burke (Fine Gael)
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I welcome the Minister of State to the House. I raise the issue of the delay in the processing of claims before the Criminal Injuries Compensation Tribunal which was set up to deal with claims by people who have suffered injury as a result of an assault or a crime committed against them. It came to my attention as a result of a number of colleagues in the legal profession in Cork writing to me, one of whom wrote to inform me that his client suffered major injuries. A claim was lodged in 2012. All the documentation was completed and lodged more than two years ago and he has still not received a date for when the matter will be dealt with. The person who perpetrated the injury has been sentenced to more than ten years in prison, so it was a very serious assault. A number of judicial proceedings were held in the High Court as a result of the delays. The most recent case involved a lady who suffered injury more than 13 years ago. There was an eight-year delay in dealing with her claim. To force the claim to be dealt with, she took judicial review proceedings to the High Court over that delay.

This is about victims of crime. These people have suffered serious injury. The Minister of State is aware that they are not entitled to lump sum compensation. They are entitled to recover the cost of medical care but also the cost of loss of earnings into the future on which actuarial evidence has to be produced. These claims are not the same as medical negligence claims because a person is not entitled to get the same level of compensation. It is to put the person back into the position they were in prior to the assault taking place.

It is not good enough that victims of crime should have to go through this process for up to eight years before a decision is taken. This matter needs to be addressed and the additional resources provided to ensure that all outstanding claims can be dealt with in a timely manner. It is in that context that I raise the issue.

David Stanton (Cork East, Fine Gael)
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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.

Denis O'Donovan (Fianna Fail)
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Not much light at the end of the tunnel, Senator.

Colm Burke (Fine Gael)
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I do not think the reply is good enough. I have been talking to legal colleagues who are frustrated at this. In the case to which I refer, the perpetrator was sentenced in 2012 and is now in comfortable accommodation while the victim is still waiting, not for compensation but to be put back into the position they were in prior to suffering the assault. This person suffered brain injury and it has been five years since the perpetrator was sentenced. There are a number of judicial review cases and I cited one in Cavan where the person was waiting 13 years. This has to be dealt with somehow. We say we are on the side of victims of crime but we are not, and this delay is not justified. If all the documentation has been filed the assessments should be done within six months, not six years.

I ask the Minister to look at why these delays are arising, what we need to do to deal with the huge backlog and how we can deal with them in a timely manner.

David Stanton (Cork East, Fine Gael)
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I thank the Senator for raising this important issue. The tribunal is independent in considering applications and neither the Minister nor the Department has any role in the processing of applications. The length of time taken to process applications can vary widely from case to case. We would like all cases to be progressed to a conclusion quickly but in some cases it is simply not possible. Delays can arise where supporting documentation has been sought and-or the tribunal has queries, which must be satisfied if it is to properly discharge its duties. I am informed that applications to the tribunal are processed as quickly as possible and the tribunal offers assistance on a daily basis to members of the public.

The scheme was last reviewed in 1986 and the Department of Justice and Equality has, therefore, written to the Law Reform Commission requesting that it consider a review of the scheme in its forthcoming programme of law reform with a view to identifying improvements that could be made in the future. A response to the request is expected in the near future. I will ensure that the Senator's comments are brought to the attention of the Minister for Justice and Equality at the earliest possible opportunity.