The Gazette 1992

N w E S Cr iminal Injur ies S c h eme Inadequate Law Soc i ety

GAZETTE

JULY/AUGUST 1992

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 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. Captain 's Prize (John R. Lynch)

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 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,

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." •

Solicitor's Golfing Society

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

St Patricks Plate - (Handicaps 12 and under)

SURVEILLANCE Discreet Listening and Recording Equipment Telephone For 1992 Catalogue Pegasus (01)2843819

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.

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