Bernard Durkan (Kildare North, Fine Gael)
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97. To ask the Minister for Defence further to Parliamentary Question No. 310 of 21 October 2014 in the case of a person (details supplied) in County Kildare with particular reference to the decision by the High Court to quash the decision to reduce the disability pension in the person's case, whether it is in order in the context of the subsequent review to disregard the decision of the court and reinstate the original decision notwithstanding the findings of the court; if the current position in respect of the case remains in conflict with the court's decision; and if he will make a statement on the matter. [43644/14]

Simon Coveney (Cork South Central, Fine Gael)
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The original decision of March 1987, to take the total compensation into consideration in deciding the rate of disability pension applicable in this case, was quashed on foot of a High Court Order of 23 November 1987, and a new review of the case was ordered to be undertaken. The individual’s solicitors were invited to make representations on his behalf and detailed representations were subsequently made. A fresh examination of the matter was undertaken and all aspects of the case including, in particular, the representations made by the solicitors were fully considered by the then Minister for Defence and a new bona fidedecision was made. It was decided to take the total civil compensation received by the person in question into consideration and the disability pension was accordingly reduced.

While the High Court Order quashed the original decision of March 1987 and ordered that a new review of the case be undertaken, the court did not express any view as to the outcome of the review. The Order did not preclude the then Minister for Defence from arriving at the same decision and I do not believe that the decision made was in conflict with the High Court Order.

I am satisfied that the disability pension in this case has been properly determined in accordance with the relevant statutory provisions.