Written answers

Tuesday, 19 February 2008

Department of Defence

Hearing Impairment Claims

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 114: To ask the Minister for Defence the number of claims for damages by members of the Defence Forces for deafness determined in court or settled out of court at the latest date for which figures are available; the amount paid out today in terms of damages and legal costs; the number of such claims outstanding; and if he will make a statement on the matter. [6329/08]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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Up to 31 December 2007, a total of 15,913 hearing loss cases had been disposed of by the Department of Defence or the State Claims Agency and a further 879 cases were outstanding. The total expenditure on these cases up to 31 December 2007 was €285 million. Compensation paid totalled €187.1 million and legal costs totalled €97.9 million. Of the 15,913 cases finalised, 271 were the subject of court awards and 12,741 resulted in compensation payments from out of court settlements or under the so-called "Early Settlement Scheme". A number of cases were either withdrawn or dismissed.

The "Early Settlement Scheme" (ESS) was an administrative process used to negotiate early settlements in hearing loss cases where liability was not contested. The ESS process was introduced to dispose of the large volume of claims more cost effectively and speedily than would have been the case had proceedings been allowed to reach finality through the court system.

The ESS for settlement of hearing loss cases was wound up in 2004. Following the signature of a revised Delegation Order by the Government in July 2005 the management of all outstanding or new cases was delegated to the State Claims Agency with effect from 1st September 2005

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