Brendan Howlin (Wexford, Labour)
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299. To ask the Tánaiste and Minister for Justice and Equality if she will review the operation of the scheme of compensation for personal injuries criminally inflicted, to ensure that victims of serious crime who suffer serious injuries are not refused compensation simply on the basis of not applying to the Criminal Injuries Compensation Tribunal within the prescribed time limits; if she accepts that not all citizens are aware of the timelines involved or are too involved in their own recovery to work within the set guidelines; if she is satisfied with the publicity and state of knowledge among the general public of this scheme; and if she will make a statement on the matter. [27853/24]

Helen McEntee (Meath East, Fine Gael)
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The Criminal Injuries Compensation Scheme is in place to help those who have suffered personal injuries as a result of a violent crime committed against them. The Scheme is administered by the Criminal Injuries Compensation Tribunal which is independent in making decisions on individual applications and in its decisions on appeals.

Concerning a review of the operation of the Scheme, there have been a number of changes arising from the Revised Scheme of 20 April 2021 that have helped improve its operation. The impact of these reforms is already clear from the considerable reduction in the number of aged cases pending decision, and that momentum is continuing into 2024.

Currently, Paragraph 20 of the Scheme provides that applications for compensation must be made in writing within 3 months from the date of the incident causing the injury. However, the Tribunal can, in exceptional circumstances, accept late applications up to a maximum period of 2 years following the incident.

An additional provision to allow for the acceptance of late applications in specific, very limited circumstances is outlined in Paragraph 20A. Introduced on 31 January 2024, this change provided a remedy for the absence of a transition period in the original introduction of the 2021 Scheme, identified in a High Court judgment of 20 December 2022.

The transitional provision enables any potential applicants in the period after 30 June 2005 (the date the EU Directive 2004/80/EC took effect) and before 20 April 2021 (commencement of the 20 April 2021 Scheme) who have not previously submitted a claim under the Scheme to now do so. This transitional arrangement is in operation for a 12-month period. Full details of this technical amendment were published on 31st January 2024 and are available on the Terms and Conditions section of the Scheme’s website: www.gov.ie/en/publication/90be4-terms-and-conditions-of-the-criminal-injuries-compensation-scheme/ .

Concerning longer term reform, work to support this is already underway in my Department and this will be informed by work of the Law Reform Commission. I have been advised that the Law Reform Commission has re-commenced its work on victim compensation in May of this year. It has indicated that, as of this point, it will report its findings in the first quarter of 2025. This work, together with other analysis already completed by my Department, will help inform decisions on the longer term reform of the Scheme.

To further awareness of the full range of supports available to victims of crime, my Department is running a high level national awareness raising campaign which promotes the rights that victims of crime have and the supports and services available to them. This includes dissemination of printed material in several languages and in April 2023, we launched a new phase of this campaign on television and radio which has a particular emphasis on reaching minority and harder-to-reach communities. Information on the Criminal Injuries Compensation Scheme can be obtained from the sources highlighted in these campaigns.

Detailed information on the Scheme is also currently available at www.gov.ie/criminalinjuries which is a website put in place by my Department in 2022, with the support of the Office of the Government’s Chief Information Officer (OGCIO). This provides a dedicated website for the Scheme to assist intending applicants with information on its operation.