Crime victims will get less money under new EU laws

VICTIMS of violent crime will be entitled to much less compensation under controversial law changes due to be implemented shortly.

The European Union is to move away from the system of pay-outs based on the future financial needs of individuals and will instead issue fixed amounts for injuries.

Brussels officials, who are drawing up the legislation, say it is aimed at ensuring all EU residents who fall victim to a crime receive adequate forms of compensation.

But the Department of Justice has noted these new rules will be substantially different than the current system in Ireland and wants elements of the proposed law to be clarified.

The EU rules will place a cap on the maximum awards of payments to victims and is likely to end the practice of giving awards based on the estimate of a victim’s future financial needs.

Victim Support, which provides support for victims of crime, was unavailable for comment yesterday but the move is likely to anger groups lobbying for domestic compensation laws to be more generous.

Under Irish law, crime victims can apply to the Criminal Injuries Compensation Tribunal which assesses hundreds of applications for compensation each year.

It provides payments for expenses and losses incurred as a result of personal injuries directly linked to a violent crime, ranging from small amounts to those in excess of €1m.

There are around 200 claims for compensation each year in Ireland and the biggest award so far has been €1.6 million.

There has been a long-running campaign for compensation rules to be broadened in Ireland to include pain and suffering, rather than money for items such as lost wages and hospital costs.

The Law Society wants these claims included and says they can be funded from court fines or money seized by the Criminal Assets Bureau.

Ken Murphy, director general of the Law Society, has said many solicitors have seen the “raw deal” crime victims get from the tribunal because of the payment restrictions.

The tribunal, established in 1976, included pain and suffering when considering compensation payment up until 1986, when the laws changed. At the time it was receiving around 2,000 claims a year but these numbers dropped dramatically following the change in legislation.

Fine Gael TD Gay Mitchell, chairman of the Oireachtas Committee on European Affairs, which has examined the legislation, has asked that it be passed onto the justice committee to be looked at in more detail.

The EU proposals are due to be finalised in the coming months and each member state has been given a deadline of 2005 to incorporate the new guidelines into domestic law.

The proposals form part of the EU’s response to the September 11 attacks, by ensuring victims of terrorism receive adequate compensation regardless of where they are within the EU.