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GAZETTE
N
w
JULY/AUGUST 1992
E
S
Cr iminal Injur ies S c h eme
Inadequate
Law Soc i ety
The President of the Law Society,
Adrian P. Bourke, said in a recent
statement to the press that it was
unfair that members of the public
could not recover compensation
from the State for pain and suffering
as a result of injuries criminally
inflicted. (Prison officers and
members of the Garda Siochana can
obtain such compensation). Mr.
Bourke said that it was essential that
the power to award damages for pain
and suffering to persons who suffer
as a result of injuries criminally
inflicted should be restored to the
Criminal Injury Compensation
Tribunal as a matter of urgency.
In the press statement Mr. Bourke
said " t he Scheme of Compensation
for Personal Injuries Criminally
Inflicted was introduced in February,
1974. It originally provided for
payment of compensation to all
persons who suffered personal
injuries as a result of a crime of
violence provided that the injury was
sustained within the State or aboard
an Irish ship or aircraft. Fatal
injuries were included and there was
also provision to compensate people
who incurred injuries while assisting
or attempting to assist the prevention
of crime or the saving of human life.
The scheme is an ex gratia one."
Adrian Bourke continued " t he
scheme operated in a satisfactory
manner up to 31 March, 1986,
(except for considerable delays in the
payments of awards by the
Government). However, in April 1986
a change was made to the scheme
and it was provided that after that
date compensation would not be
payable in respect of pain and
suffering. This means that an
applicant is only entitled now to
recover his actual out-of-pocket
expenses such as loss of wages,
hospital costs etc. This has rendered
the scheme of very little value. For
example, the scheme would be of
little assistance to a person who was
unemployed or to a person who was
covered by medical insurance but
nonetheless suffered severe mental
trauma and distress as a result of,
say, a violent criminal assault or
rape.
"Why did the Government deprive
the public? It seems clear that the
Government's motivation in
changing the Scheme was to curb the
number of claims made to the
Criminal Injuries Compensation
Tribunal. The statistics show that it
was an effective strategy. In 1985,
the year before the Scheme was
amended, there were 1,975 claims
made to the Tribunal. In 1987, the
year after the change, the number of
claims had dropped to 243 and in
1991 the number had dropped
further to 132 claims. In 1985 the
Captain
's
Prize (John R. Lynch)
The Captain's Prize of the Solicitors'
Golfing Society took place at Mount
Juliet, Thomastown, Co. Kilkenny
on 5 June, 1992.
102 Members contested the Captain's
Prize and the following are the
results:
1st Garret Gill (19) 37 points.
2nd Basil Hegarty (10) 36 points.
3rd Jim Brooks (11) 36 points.
St Patricks Plate -
(Handicaps 12 and under)
1st Dermot Fullam (7) 35 points.
2nd Pat Barriscale (12) 35 points.
Handicaps 13 to 28 —
1st Eugene Davy (14) 35 points.
2nd Ronnie Lynam (15) 33 points.
Tribunal paid out £3,977,333 in
settlement of 831 claims. In 1987 the
Tribunal paid out £2,606,119 in
respect of 437 claims and by 1991
the expenditure had fallen to
£1,572,204 in payment of 144
claims."
Adrian Bourke said: " It is only right
that members of the Garda Siochana
and prison officers should be
properly compensated for injuries
that are criminally inflicted upon
them but, likewise, ordinary citizens
who suffer as a result of such
injuries should also be adequately
compensated. Therefore, I am calling
on the Minister for Justice to
introduce a statutory scheme of
criminal injuries compensation that
would give the Criminal Injuries
Compensation Tribunal the power to
award damages to any citizen who
suffers mental distress and trauma as
a result of being the victim of a
criminal injury."
•
First Nine
Ronan O'Siochain (16) 19 points.
Second Nine
Patrick Duffy (20) 21 points.
Over 30 Miles from Mount Juliet -
John Shaw 33 points.
Richard Bennett
Hon. Secretary
Solicitor's Golfing Society
SURVEILLANCE
Discreet Listening and
Recording Equipment
Telephone For 1992 Catalogue
Pegasus (01)2843819
241