Bernard Durkan (Kildare North, Fine Gael)
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131. To ask the Minister for Defence further to Parliamentary Question No. 296 of 2 December 2014, the grounds on which the High Court quashed his Department's original decision of March 1987, and it was concluded that it was not necessary to do other than carry out a review after which the original decision could be reinstated; and if he will make a statement on the matter. [2891/15]

Simon Coveney (Cork South Central, Fine Gael)
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The position in this case is that judicial review proceedings were taken against the decision of the then Minister to reduce the applicant’s disability pension under Section 13(2) of the Army Pensions Acts. The Minister’s decision to reduce the pension was based on him taking into consideration compensation received by the applicant under a court settlement in respect of the same injury.

In his submissions to the High Court regarding the proceedings, the then Minister for Defence consented to the setting aside of his original decision and to the matter being considered anew by the Minister. Based on the submissions made in the case the High Court made an Order that the Minister’s original decision of March 1987 be submitted to the Court for the purpose of quashing. The Court further ordered that the Minister enter anew upon the review of the applicant’s pension. The High Court Order made did not make any reference to the approach to be taken in the review, or give any direction as to the decision to be made.

Following the High Court Order, the individual’s solicitors were invited to make representations on his behalf and detailed representations were subsequently made. A fresh examination 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. A new bona fide decision was made by the then Minister. I am satisfied that the decision was made in accordance with the relevant High Court Order and the relevant statutory provisions.