Written answers
Wednesday, 20 October 2010
Department of Justice, Equality and Defence
Criminal Injuries Compensation Tribunal
9:00 pm
Tommy Broughan (Dublin North East, Labour)
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Question 195: To ask the Minister for Justice and Law Reform the persons eligible to apply to the Criminal Injuries Compensation Tribunal; the mechanism for applying to the tribunal; the number of applications dealt with at each sitting of the tribunal; the scale of compensatory awards available to the tribunal; the number of times the tribunal has sat in 2005, 2006, 2007, 2008, 2009 and to date in 2010; the number of awards that were allocated in the same time period; and if he will make a statement on the matter. [37971/10]
Dermot Ahern (Louth, Fianna Fail)
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I can inform the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, any person who suffers personal injury where the injury is directly attributable to a crime of violence within the jurisdiction of the Irish State or aboard an Irish ship or aircraft may apply for compensation to the Criminal Injuries Compensation Tribunal. A copy of the aforesaid Scheme, or an application pursuant to said Scheme, can be made available on request by the Tribunal, or by printing a copy of the Scheme, or an application form from the Department's website.(Website link:- http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme).
As the Deputy is aware, the Criminal Injuries Compensation Tribunal is an independent body and I have no role in its examination of individual applications. However, in order to be of assistance in the matter, I have had enquiries made with the Tribunal and understand that Article 25 of the Scheme provides that applications are considered in the first instance by an individual Tribunal Member who makes a decision based on the file papers. If an applicant is not satisfied with the decision of the Tribunal Member she/he may lodge an appeal with the Tribunal. At appeal, the Tribunal considers the application de novo by means of an oral hearing before three Tribunal Members, excluding the Member who made the decision under appeal. Also at appeal, an award may be confirmed, increased or reduced, or no award made.
I am informed that the scale of compensation available to an applicant is determined on the basis of the out of pocket expenses incurred by the applicant as a result of his/her injuries. I am also informed that the number of awards paid by the Tribunal during the years concerned are as follows: -
2005 26
2006 121
2007 52
2008 122
2009 111
2010 to date 109.
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