Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

956. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a case (details supplied) currently with the Criminal Injuries Compensation Tribunal; if her attention has been further drawn to the fact that the case is ongoing for four years; her views on whether four years is too long for a case to be ongoing; the steps she will take to expedite the hearing; and if she will make a statement on the matter. [22302/20]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual decisions on applications for compensation and neither I as Minister, nor my Department, have any role in the decisions.

The length of time taken to process applications under the Scheme varies depending on the nature and circumstances of each case. I understand the application relating to this case was received in June 2017. With regard to the particular application in question, I am informed by the Tribunal secretariat that a decision of first instance has been made by the Tribunal on the application. The applicant was notified of the decision in June and afforded the opportunity to accept or appeal it. I am informed that the applicant recently appealed the decision. The appeal hearing will involve three Tribunal Members, of which the Member who made the initial decision will not be one, who will consider the application on a de novo basis, and the applicant will be invited to participate in the appeal hearing.

In providing support for victims of crime, I fully agree with the Deputy’s view that it would be desirable if all cases could be progressed to a conclusion quickly. However delays arise for a variety of reasons. This may, for example, be due to the need for expert medical or other reports or due to delays in receipt of the final Garda reports on the crime. There may also be delays due to the need to await the outcomes of any court cases related to the incident, as applied in relation to the application in question. It is also the case that delays can arise where supporting documentation or additional information has been sought by the Tribunal and applicants take time to provide it. I understand that a number of delays arose in respect of this application, related to such matters.

Overall I can, however, assure the Deputy that applications made under the Scheme are processed by the Tribunal. 290 applications have been sent to Tribunal Members for decision since the start of the year. Appeal hearings by the Tribunal have been affected by the pandemic. There has been disruption to the appeal hearing schedule this year, with scheduled appeal hearings in March having to be postponed. But I am informed that since April, appeal hearings by teleconference are being offered to applicants, as physical hearings are not currently possible due to social distancing requirements. These have been taking place where applicants accept them. I understand that an appeal hearing by teleconference will be offered to the applicant in the case in question as soon as possible.