Written answers

Thursday, 28 February 2019

Department of Justice and Equality

Criminal Injuries Compensation Tribunal Data

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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95. To ask the Tánaiste and Minister for Justice and Equality the number of applicants to the Criminal Injuries Compensation Tribunal waiting for their claims to be completed; and the number of years in each case. [10024/19]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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96. To ask the Tánaiste and Minister for Justice and Equality the measures in place in the Criminal Injuries Compensation Tribunal to ensure that the objective of keeping costs to the State low and the objective of fairly dealing with claims for compensation do not come into conflict. [10025/19]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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97. To ask the Tánaiste and Minister for Justice and Equality the reason legal representation is not made available to victims of crime that apply to the Criminal Injuries Compensation Tribunal (details supplied). [10026/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 95 to 97, inclusive, together.

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the Terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation. Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part time basis to the Tribunal. Under the terms of the Scheme, the compensation to be awarded by the Tribunal is on the basis of damages awarded under the Civil Liabilities Acts and therefore conflict along the lines referred to does not arise with respect to such decisions.

Applications to the Tribunal are processed with a minimum of formality compared to court proceedings where compensation is sought under the Civil Liability Acts. The scheme is designed to be non-adversarial in nature and to facilitate persons in making an application without the need for legal representation.

Because of the manner in which cases are recorded, in particular applications which are received but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of active cases not settled by the Tribunal. As outlined in my reply to Question 119 of 20 February 2019, I have requested an assessment of the caseload of the Tribunal. I will contact the Deputy again when this exercise has been completed.

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