Written answers

Tuesday, 10 November 2015

Department of Justice and Equality

Criminal Injuries Compensation Tribunal

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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336. To ask the Minister for Justice and Equality the timeframe for processing an application to the criminal injuries compensation board; how often the board meets; if an application by a person (details supplied) in County Kilkenny will be expedited, as it is almost four years since it was submitted; and if she will make a statement on the matter. [39565/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that the Criminal Injuries Compensation Tribunal is responsible for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted.

Under the terms of paragraph 6 of the Scheme of Compensation for Personal Injuries Criminally Inflicted the Tribunal is obliged to determine applications and to award ex-gratia compensation “on the basis of damages awarded under the Civil Liability Acts”. Each case is addressed on the basis of its individual circumstances.

Applications in the first instance are decided, not by a meeting of the Tribunal, but rather on a file of papers submitted to a single Tribunal member for consideration as to whether payment of compensation is appropriate. Notwithstanding this, in making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order. In some cases delays can occur due to the late submission of all required documentation.

I should point out to the Deputy that the Criminal Injuries Compensation Tribunal is entirely independent in how it deals with individual applications for compensation under the Scheme.

However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on the Deputy's behalf in relation to the person concerned. I understand that under paragraph 21 of the Scheme an application must be made to the Tribunal within three months of an incident occurring except in circumstances where the Tribunal determines that exceptional treatment is justified.

I am advised by the Tribunal that the incident involving the person concerned occurred on 1 January 2011. It was reported to the Tribunal on 28 February 2013 and they received an application form on 27 March 2013.

I am further informed that a Garda report has been requested in relation to this incident and is awaited. I have asked the Tribunal to treat this case as a priority and to follow up on the Garda report as a matter of urgency. Upon receipt of this report the file will be forwarded to a single Tribunal member for decision. A copy of the decision of that member will issue directly to the applicant.

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