Analysis: Direct money payments in the form of compensation are an important element of the Irish State's package of supports for victims
By Liam O'Driscoll, TUS
Victims of crime who have received injuries in Ireland are entitled to apply for state-funded compensation. Payments are managed by the Criminal Injuries Compensation Tribunal and are made in respect of out-of-pocket expenses incurred such as loss of earnings, medical bills or the cost of long-term care where there has been life altering injuries.
Where someone has been killed, their family members can also access a distinct compensation payment for mental distress. Compensation is available regardless of whether the offender of the crime has been prosecuted.
Money paid through the Tribunal is a vital form of assistance for victims as often where there is a prosecution, the offender does not have the means to pay compensation. Additionally, victims often do not have the resources to pursue a claim for compensation through the civil courts.
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A re-traumatising process
At present, victims experience significant barriers and delays in pursing compensation at the Tribunal, so much so that the process itself can be highly re-traumatising. Barriers include a lack of knowledge about the Tribunal amongst victims, An Garda Síochána and lawyers; a tight three-month time limit from the date of the criminal incident in which to apply to the Tribunal and an absence of legal assistance and victim support in preparing claims.
Additionally, the Tribunal regularly runs out of funds because of the way it is funded by the Government. This means victims must wait up to a year to receive compensation after a decision has been made in respect of their claim. This is a significant period, especially considering that it can take many years from the date of application for the Tribunal to adjudicate on claims in the first place.
There are also victim-blaming eligibility criteria which exclude certain individuals on account of their behaviour during the criminal incident or if they hold a criminal record. This is even where their previous criminal convictions relate in no way to the crime in which they themselves were injured.
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Furthermore, whilst the Tribunal has taken steps to improve how it deals with victims, individuals who have made applications to the Tribunal have reported feeling deeply upset in their interactions with the Tribunal due to poor communication practices and a lack of sensitivity from Tribunal staff. At present, both the Law Reform Commission and the Department of Justice are considering reform proposals in respect of the Tribunal.
Why payments to victims are an important State support
Victims and families experience significant financial hardship. A victim might have to stop working because of the injuries; there might be significant medical expenses; a family has to pay for a funeral; any children of the deceased may need to be cared for, and victims can build up significant debts. State compensation, therefore, can provide important practical benefits for victims, allowing them to pay bills and debts and not have to worry financially.
Victims feel uncomfortable applying to the Tribunal as they do not feel that a monetary value can be put on the suffering, pain and trauma inflicted on them as a result of violent crime. They fear being judged by society for seeking compensation in the aftermath of a sexual assault or in response to their loved one being killed.
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There is a moral taboo attached to money and a societal perception that money should not be exchanged for certain things. Compensation is sometimes called 'blood money' and victims report feeling significant guilt seeking compensation and putting a price on their experience or their loved one's life.
Acknowledging the suffering of victims
Consistent with research conducted in Britain, the Netherlands and Australia, victims in Ireland also report that state compensation has important symbolic benefits. State compensation can acknowledge the suffering of victims, confirm the wrongfulness of the crime and the seriousness of the injuries. Victims also feel that state compensation can affirm that society believes them and their account of the crime. State compensation has an important role where victims have consistently reported feeling let down by the criminal process.
Money payments alone cannot return the victim to the position they were in prior to the crime, but it can assist victims in managing the crime's consequences. Direct money payments provide victims with a degree of agency as to how these consequences are managed. Some victims pay bills, others will put the money towards future health care costs, whilst others might seek self-fulfilment in other ways such as improving one’s housing situation or undertaking education courses to improve employment prospects.
Under EU law, all victims of violent crime now have a right to 'fair and appropriate' state compensation
In Ireland, victims need improved and better co-ordinated access to victim support services, health care and other social supports. However, direct money payments in the form of compensation are an important element of the Irish State's package of supports for victims.
Under EU law, all victims of violent crime now possess a right to 'fair and appropriate' state compensation. As both the Law Reform Commission and the Department of Justice move towards reform of the Tribunal, it is important that the claims process becomes more victim-friendly and accommodating to ensure as many victims as possible can access the practical benefits, acknowledgement and agency which compensation provides.
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Dr Liam O'Driscoll is a lecturer in law at the Technological University of the Shannon in Limerick. He is a Research Ireland awardee.
The views expressed here are those of the author and do not represent or reflect the views of RTÉ
