Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 871, 872, 874, 875, 876 and 877 together.

With regard to the range of information the Deputy has sought regarding the operation of the Criminal Injuries Compensation Scheme I can provide the following information.

I have been advised that due to the need for the Law Reform Commission to prioritise its programme of work, its current focus in on completing the project examining the area of adult safeguarding. As a result, completion of the Commissions report on victim compensation has been delayed. The Law Reform Commission have advised that it is not possible to confirm a delivery date at this point for this report, though it will reassess potential delivery dates in June of this year. The Commission has further advised it will continue to liaise closely with, and will keep, my Department informed as this work progresses.

My Department continues to facilitate the provision of appropriate training being made available to the members of the Criminal Injuries Compensation Tribunal and to all staff members who work in the secretariat team supporting the Tribunal in its work. Arrangements are currently being made in relation to the provision of training supports in 2024. This is provided for in the Oversight Agreement in place between the Department and Tribunal.

Given that a core feature of its work includes interaction with victims of crime and/or their representatives, training undertaken by Tribunal members and staff includes a particular focus on this area. This is inclusive of arrangements made for new staff that join the Tribunal and its secretariat.

I should advise the Deputy that due to the inherent nature of the Criminal Injuries Compensation Scheme, it can take several years before an application for compensation is ready for submission to the Tribunal. The progress of a case can depend on requirements that are not time-limited and are outside of the control of the Tribunal, among them for example: the need for the Tribunal to await Garda, medical, actuarial or other expert reports and/or the need to wait the conclusion of separate court proceedings concerning the incident which is the subject of the claim. Also, under the Terms and Conditions of the Scheme, the Tribunal is fully independent in the determination of claims.

Noting these dependencies that can impact on the progress of a case, there is no readily available data on average length of waiting time. However I can advise the Deputy that each case is dealt with on its own merits taking account of the specific set of circumstances. Once the Tribunal secretariat has received all necessary required information on a claim so as to enable the Tribunal to make a fully informed determination on the application, a case file is forwarded to the Tribunal. It may also be the case that in their examination of the file the Tribunal member/s will seek further information from the applicant which may be required before a decision on compensation can be made.

Case processing time can also be affected by circumstances where an applicant is dissatisfied with an original decision of the Tribunal and the Scheme provides for an appeal process. This involves an oral hearing where the applicant, and or their representative, can further present their case which will be considered afresh by three Tribunal members not involved in the original decision.

Though there has been considerable progress in finalising cases in recent years, it is worth recalling that there was a significant backlog (aged cases) prior to operational reforms introduced to the Scheme in 2021. This backlog was primarily caused by budgetary difficulties experienced and an overall lack of resources available to administer the Scheme, including a limited number of active Tribunal members and a lack of staff resources. Since these 2021 reforms, there has been a significant reduction in the levels of aged cases in the system with over 2,000 files having been sent to the Tribunal for decision. As of 5 January 2024, the Tribunal secretariat have indicated that there were 1,159 files on hand awaiting a decision.

Though noting this progress, I can assure the Deputy that efforts will continue in 2024 to support the Tribunal in further eliminating aged cases.

The total funding allocation provided to and expenditure of the Criminal Injuries Compensation Tribunal for the years 2021-2024 is set out in the following table

*as at 13 March 2024

In addition to above expenditure on awards made by the Tribunal under both the General Compensation Scheme and the Prison Officer Compensation Scheme, the following are the operational costs expended in the administration of the Schemes for the same period as above.

*as at 29 February 2024

*please note these costs exclude any Department/Irish Prison Service staff related costs expended in the administration of the respective Schemes.

My officials will continue to monitor the funding and spending requirements of the Scheme to ensure that it operates effectively.

Generally payments of compensation made to an applicant under the Criminal Injuries Compensation Scheme by the Tribunal are in the form of one lump sum payment made at the end of the process following the Tribunal’s determination of the claim. However, the Tribunal has the facility, which it utilises as appropriate, to make an interim award to an applicant pending conclusion of the case.

Interim awards can be provided, for example, in cases where the Tribunal takes the view that an award is merited though a final award quantum is contingent on further information being provided to the Tribunal and may take time to produce. In such circumstances, the Tribunal may decide that an initial payment of an interim award is warranted. In circumstances where an applicant is in a position of needing financial assistance in order to be able to pay certain costs upfront (for example, to obtain reports which are required in support of their claim), then a request can be made to the Tribunal secretariat seeking re-imbursement for this. The secretariat can arrange for such a payment where this is deemed appropriate.

As the Deputy would be aware, the compensation available under the Criminal Injuries Compensation Scheme is intended to cover vouched out of pocket expenses incurred by the victim of crime. Examples of this are medical treatment, dental treatment, prescriptions, spectacles replacement, travel expenses to avail of medical/dental/optical treatment and loss of earnings to date and into the future, incurred, if any, as a result of the criminal injuries sustained. In addition, compensation may be payable to dependents of the victim in fatal cases.

As part of the process an applicant may, if applicable, also apply for any expenses that were incurred in obtaining medical or other expert reports to support an application to the Tribunal. Where required by the Tribunal, expert reports (for example: from medical professionals/actuaries) must be submitted from certified professionals who operate independently of the applicant. In certain cases the Tribunal itself may commission supporting expert reports directly to help inform its determination of an application made under the Scheme.

To assist the Deputy further, detailed information on the Scheme is available to all potential applicants on the Scheme’s dedicated website at www.gov.ie/criminalinjuries . This includes a questions and answers section designed for applicants which also highlights that in the event of further information being sought in relation to an application, contact can be made directly with the Tribunal secretariat.

Helen McEntee (Meath East, Fine Gael)
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Unfortunately, it has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.