Written answers
Thursday, 19 October 2017
Department of Justice and Equality
Criminal Injuries Compensation Tribunal
John Brassil (Kerry, Fianna Fail)
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104. To ask the Tánaiste and Minister for Justice and Equality the status of the Criminal Injuries Compensation Tribunal; if the board of appeal in respect of same can be reconstituted in order to address outstanding claims; and if he will make a statement on the matter. [44320/17]
Charles Flanagan (Laois, Fine Gael)
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The Criminal Injuries Compensation Tribunal, which administers the Scheme of Compensation for Personal Injuries Criminally Inflicted, is independent in considering applications and neither I nor my Department have any role in the processing of applications.
Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part-time basis to the Tribunal. The Tribunal has a full membership complement to enable them process cases. Appeal hearings are conducted by three Tribunal members constituted on a case by case basis. The member who gave the initial decision can not be one of the Tribunal members present at the appeal hearing.
Dates for appeal hearings are set on the basis of the availability of Tribunal members, appellants and/or their legal representatives.
John Brassil (Kerry, Fianna Fail)
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105. To ask the Tánaiste and Minister for Justice and Equality the status of the claim to the Criminal Injuries Compensation Tribunal in respect of a person (details supplied); and if he will make a statement on the matter. [44321/17]
Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that the Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. The Tribunal is independent in considering applications and neither I nor my Department have any role in the processing of applications and therefore cannot comment on any individual case.
I should advise you that the length of time taken to process an application can vary widely from case to case. Each application is addressed on the basis of its individual circumstances. In making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order. In some cases there can be delays pending the availability of all required documentation. For example, I understand that in cases of serious injury to the victim, it can take a considerable amount of time (in some cases a number of years) before their treating consultant is in a position to give a final prognosis. It is also often necessary to await Garda reports arising from the related criminal investigation before a final decision can be made in a case. By their nature, such investigations can be lengthy and complex. As a result of these factors, which are outside the control of the tribunal, waiting times can vary significantly.
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