BOOKLET FOR APPLICANTS

PLEASE READ CAREFULLY

Expressions of Interest for the positions ofMember and/or Chair

of the Criminal Injuries Compensation Tribunal

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1. General

The Scheme of Compensation for Personal Injuries Criminally Inflicted, applied retrospectively to October 1 1972, was presented to the Oireachtas on 12 February 1974 and established as an administrative Scheme by the then Minister for Justice. The Criminal Injuries Compensation Tribunal is established under Paragraph 17 of the Scheme. The general intention is that the administration of the Scheme and, in particular, proceedings before the Tribunal, should be informal.

The Scheme provides for victims of crime (or their dependents in fatal cases) to apply for reimbursement of expenses they have incurred, and/or losses that they may have suffered as a direct result of a violent crime or personal injury received in specified circumstances.

Since 1990, the Tribunal also administers a separate Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers who suffer personal injuries due to a violent crime experienced in the course of their duties. The administrative process underpinning both Schemes is the same and the Criminal Injuries Compensation Tribunal makes decisions in relation to both Schemes.

Expression of Interest applications are invited from practising barristers and solicitors who wish to be considered for the part-time position of Member and/or Chair of the Criminal Injuries Compensation Tribunal. The Tribunal consists of a Chair and six ordinary members. The members of the Tribunal are appointed periodically by the Minister for Justice. A copy of the Scheme is available on the Department of Justice and Equality website: http://www.justice.ie/en/JELR/Pages/WP15000110 and is also included at Appendix 1.

Applicants are invited to indicate on the application form whether they wish to apply for the position of ordinary Member, Chair or both. The number of members of the Tribunal is under review with a view to increasing membership. A panel will be formed arising from this process which will be in place up to 30 June 2025, and from which any vacancies in membership up to that date may be filled at the Minister’s sole discretion.

Tribunal Members are independent in their decision-making on applications and are required to administer the Scheme in accordance with the published terms and conditions. Applicants must have the capacity and skills to undertake the role. They should have good interpersonal skills and be able to work on their own initiative.

2. Eligibility

Applicants must

a) Be qualified practising barristers or solicitors and remain such for the period of appointment

b) Have at least 5 years’ experience in practice post-graduation at the time of application.

It is the responsibility of applicants to ensure that they meet the eligibility criteria. Shortlisting, an invitation to interview, or placement on a panel does not constitute acceptance of eligibility.

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3. Terms of Appointment

The standard appointment will be for a period of 5 years commencing on January 1, 2021 and concluding on December 31, 2025. Any members appointed after January 1, 2021 will have an initial appointment up to December 31, 2025, irrespective of their start date. On further application, an appointee may be considered for a maximum of one re-appointment at the sole discretion of the Minister.

Should a member of the Tribunal be appointed as a member of the Judiciary, they are required to resign from their Tribunal role. Appointees may be removed from the Tribunal for gross misconduct, incompetence in the role, ceasing to practice as a solicitor or barrister or on conviction of a criminal offence. The appointment of a Tribunal Member may be terminated at any time at the discretion of the Minister.

Those appointed to the Tribunal are not employees of the Department of Justice and Equality and are required to remain practising barristers and solicitors. They provide their services to the Tribunal on a part-time basis and are paid fees for specific tasks undertaken. The fee schedule is set out hereunder.

Travel and subsistence reimbursement in accordance with rates published by the Department of Public Expenditure and Reform from time to time for the civil service will be provided for essential travel.

Fee payments:

- Tribunal Meetings: €272.39

- Single Member Decisions (General Scheme): €160.84

- Single Member Decisions (Prison Officer Scheme): €235.91

- Appeal Hearing Sittings: €361.39

- Chairperson's Annual Fee: €2,062.38

4. Main duties of Tribunal Members and the Chair

Make decisions of first instance in accordance with the terms and conditions of the Scheme on any files allocated by the secretariat.

Subject to file allocation, make a minimum of 30 decisions of first instance per annum.

Submit decisions to the Tribunal secretariat on allocated files within one month of allocation.

Make themselves available to participate in appeal hearings and subject to allocation, participate in a minimum of 4 appeal hearings per annum.

Prioritise participation in appeal hearings, once a commitment has been made to participate on a panel.

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Chair appeal hearings if required.

Draft decisions of appeal hearings if required, in consultation and agreement with other members on the appeal panel. Return written decisions on appeals to the Tribunal secretariat within six weeks.

Participate in a minimum of four meetings per annum with the Department, Tribunal staff and other Tribunal members

Agree to the conclusion of an annual oversight agreement with the Department to be signed by the Chair.

Attend meetings of Tribunal members organised from time to time by the Tribunal Chair.

Submit requests for fee payments for work undertaken to the Tribunal secretariat promptly within one month and in accordance with agreed procedures.

The Chair is required to liaise with the Department as necessary on any issues arising.

As part of the Chair fee, the Chair agrees to meet with the Department at least twice a year and to liaise continually with Tribunal staff who provide the secretariat to the Tribunal, as required.

The Chair will liaise with other Tribunal members, in particular if any issues arise relating to the implementation of the oversight agreement.

The Chair will ensure an annual report of the activities of the Tribunal is submitted to the Minister.

The Chair will sign the Oversight Agreement with the Department on behalf of the Tribunal.

The Chair will sign any procedures that the Tribunal decides to publish under Paragraph 20 of the Scheme.

5. The Application Process

5.1 Applications

A completed application form should be submitted to mcict@justice.ie – the application form may be found at the end of this booklet. The email should be entitled ‘CICT Member/Chair, 2020, applicant name”.

5.2 Deadline for Applications

Applications must be submitted not later than 6pm (Dublin time) on 11 September 2020. The onus is on applicants to ensure that they have correctly submitted their applications.

Late or incomplete applications will not be accepted in any circumstances.

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6. The Selection Process

A Board of three will be established to review applications and carry out shortlisting and to meet with shortlisted applicants.The Board will consider inter alia, the need for the Tribunal to have an appropriate balance between qualified barristers and solicitors. Shortlisting will be carried out by considering applicants’ experience as practising barrister or solicitor, career to date and relevance to the role and the applicant’s statement of motivation and suitability.

This is not to suggest that other applicants are necessarily unsuitable or incapable of undertaking the role, rather that there are some applicants, who based on their application, appear to have more relevant experience. It is therefore in each applicant’s own interest to provide a detailed and accurate account of qualifications/experience on the application form.

Shortlisted applicants will be called to a meeting with the Board at which their expression of interest in the role will be discussed. Due to Covid-19, it is expected that this meeting will take place by remote means. It is the applicant’s responsibility to make themselves available for the meeting, if required. The overall focus of the meeting with shortlisted applicants will be consider their skills and competencies to successfully undertake the role based on their career and experience to date.

Skills/Competencies Required Maximum Mark Available

Minimum Mark Required*

Demonstrable experience, specialist knowledge and expertise

150 100

Judgement and Decision Making Skills 150 100

Management and Delivery of Results 100 60

Total 400 260

*A minimum mark out of a total available under each competency heading is required for a shortlisted applicant to be considered for the panel.

Following the meetings with shortlisted applicants, a submission will be prepared for the Minister. This will set out details of the applications received and the names of each applicant, the shortlisting undertaken by the Board and the name of each shortlisted applicant and the recommendations of the Board following the selection process set out above.

The applications submitted by the applicants recommended for the positions or to be placed on the panel will be submitted to the Minister with the Board recommendations. The Minister will consider the recommendations for the position of Chair and ordinary Member and will decide whom to appoint. The final decision on appointments will be at the sole discretion of the Minister. All other things being equal, the need for a balance in terms of gender will be taken into account by the Minister in deciding appointments.

7. Offer & Acceptance of Appointments

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Those selected for the position of either ordinary member or Chair will have a maximum of five working days for their signed form of acceptance for the role to be received in the Department of Justice and Equality. This can be done by email to mcict@justice.ie

Failure to respond will be deemed a refusal. In this regard, applicants should ensure accurate contact details, including email address are provided on the form.

8. Canvassing

Applicants should note that canvassing by or on behalf of an applicant will disqualify the applicant and will result in their exclusion from the selection process.

9. Confidentiality

Applications for, and the results of, this selection process will be treated in strict confidence, subject to the provisions of the Freedom of Information Acts 1997 -2014, as amended.

Following the selection process and the appointment by the Minister of the ordinary Members and Chair and the formation of the panel, the applications of all those not either appointed or on the panel will be destroyed.

10. Circulation

This request for expressions of interest will be circulated to the Law Society, Bar Council and Legal Services Regulatory Authority. It will be placed on the website of the Department of Justice and Equality and will be the subject of a press release as well as being promoted on the Department’s LinkedIn page and on the Department’s twitter account @DeptJusticeIRL

11. Further queries

Any further queries can be sent to mcict@justice.ie

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Application for the position of Member and/or Chair of the Criminal Injuries Compensation Tribunal in accordance with paragraph 17 of the Scheme1

Application Form

Applicant’s Name: _________________________________

Contact Details:

Applicant’s Address: __________________________________

____________________________________________________

Applicant’s Mobile Phone Number: ___________________

Applicant’s Email Address: ______________________________

Please indicate* whether you are applying for the position of Member, Chair or both:

___________________________

(*Note if this is not completed, it will be assumed the application is for the position of Member only.)

1 http://www.justice.ie/en/JELR/Pages/WP15000110

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Section A: Statement of Motivation and Suitability

(Please type your Statement in the space below. Maximum 750 words)

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Section B

Name of Applicant: __________________________

Current Position: __________________________

Educational Attainments/Qualifications (Max 500 words)

(Please specify):

Career Highlights (Max 750 words)

(Please specify):

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1. Please give below, starting with your current details, particulars of all employment

Period in years/month

s

DateTitle Organisation Main Tasks (bullets

only)From To

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2. Recent Career History: (Make a separate entry for the four (maximum) most recent changes of role. Specify the relevance to the Criminal Injuries Compensation Tribunal roles, where applicable.)

PRESENT POSITION: FROM (date)

ROLE:

Main responsibilities and significant features of post

PREVIOUS POSITION: FROM (date) ROLE

Main responsibilities and significant features of that post

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PREVIOUS POSITION: FROM (date)

ROLE:

Main responsibilities and significant features of that post

PREVIOUS POSITION: FROM (date) ROLE:

Main responsibilities and significant features of that post

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Section C - Using the space below for each of the areas, please briefly describe in each case a specific experience or achievement, from your career to date, which you feel demonstrates your suitability to be a Member/Chair of the Criminal Injuries Compensation Tribunal.

Do not expand beyond the space allotted for each example.

1) Demonstrable Experience, Specialist Knowledge and Expertise

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2) Judgement and Decision Making

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3) Management and Delivery of Results

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Section D

Please provide details of two people who may be contacted as referees should you come under consideration for appointment

Applicants should sign here to confirm that they understand the main requirements of the role(s) as set out at section 4 of the booklet.

____________________Signature

____________________Date

Unsigned applications will not be accepted. Applications may be signed electronically.

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Name:Position:Organisation:Telephone:Mobile Phone Number:

Name:Position:Organisation:Telephone:Mobile Phone Number:

Appendix 1 – Scheme of Compensation for

Personal Injuries Criminally Inflicted

General

1. The Criminal Injuries Compensation Tribunal established under Paragraph 17 of the Scheme may pay ex gratia compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life. The injury must have been sustained within the State or aboard an Irish ship or aircraft on or after 1st October, 1972. Arson and poisoning will be regarded as coming within the scope of the expression “crime of violence” and, in determining whether any act is a crime for the purposes of the Scheme, the Tribunal will not take account of any legal immunity which the person who inflicted the injury may have by reason of his mental health, his youth or otherwise. The word “injury”, as used in the Scheme, includes a fatal injury.

2. The Tribunal will be entirely responsible for deciding in any particular case whether compensation is payable under the Scheme, and, if so, the amount. There will be no appeal against or review of a final decision of the Tribunal.

Persons who may claim compensation under this Scheme

3. The Tribunal will consider claims for compensation made by or on behalf of;

(a) the person who sustained the injury (the victim);

(b) any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred any expenses as a result of the victim’s injury;

(c) where the victim has died as a result of the injury, any dependent of the victim or, if he has no dependent, any person who incurred expenses as a result of his death;

(d) where the victim has died otherwise than as a result of the injury, any dependent of the victim.

4. The Tribunal will also consider claims in respect of injury received in the following circumstances:

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(a) because of, or in the course of, the victim’s coming to the assistance of a member of the Garda Síochána

because of an unlawful attack upon the member, or because the member was attempting to prevent a crime or to take a person into

custody, or in the course of a riot, or a disturbance or threatened disturbance of the peace, or in the course of an attempt to rescue a person in custody, or because the member was engaged in saving a human life;

(b) because of, or in the course of, attempting to prevent a crime in a public place;

(c) because of, or in the course of, attempting to prevent, in a public place, the escape of a person who had committed a crime, or the rescue of a person in custody;

(d) because of, or in the course of, attempting to save a human life.

5. If the injury is inflicted in the circumstances set out in the Scheme and any person would be entitled to claim compensation (whether statutory or non-statutory) otherwise than under the Scheme for the injury, he will not be prohibited from also claiming compensation under the Scheme but the Tribunal will decide the claim on the basis that no payment under the Scheme should result in compensation being duplicated and may accordingly decide either to make no award or to make a reduced award and may, moreover, decide that an award will be subject to conditions as to its repayment in whole or in part in the event of compensation being subsequently received from another source.

Nature and extent of compensation

6. Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts except that compensation will not be payable

(a) by way of exemplary, vindictive or aggravated damages;

(b) in respect of the maintenance of any child born to any victim of a sexual offence.

(c) in respect of loss or diminution of expectation of life;

(d) where the victim has died, for the benefit of the victim’s estate, or

(e) in so far as injuries sustained on or after 1st April, 1986 are concerned in respect of pain and suffering.

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7. Where the victim has died otherwise than as a result of the injury the Tribunal may award compensation in respect of loss of earnings, expenses and liabilities incurred before the death but only to a dependent who would, in the opinion of the Tribunal, otherwise suffer hardship.

8. Compensation will be by way of a lump sum payment, rather than a periodical pension, but it will be open to the Tribunal to make an interim award and to postpone making a final award in a case in which a final medical assessment of the injury is delayed.

Limitation and restriction of compensation

9. No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 should be awarded.

10. No compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted.

11. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.

12. No compensation will be payable in respect of injuries inflicted in a traffic offence except in a case where there has been, in the opinion of the Tribunal, a deliberate attempt to run down the victim.

13. No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence.

14. No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an

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award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim.

15. Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.

16. The Tribunal will deduct from the amount of an award under this Scheme any

sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.

Finance and Administration

17. The Scheme will be administered by the Criminal Injuries Compensation Tribunal, the members of which will be appointed by the Minister for Justice. It will consist of a Chairman and six ordinary members. The Chairman and each member will be either a practising barrister or a practising solicitor. The members of the Tribunal will act on a part-time basis but they will be paid fees for work done on a basis to be determined by the Minister for the Public Service.

18. Compensation will be payable out of funds made available to the Tribunal out of moneys provided by the Oireachtas.

19. The Tribunal will submit annually to the Minister for Justice a full report on the operation of the Scheme together with their accounts. The report and accounts will be laid before both Houses of the Oireachtas. In addition, the Tribunal may, in connection with its annual report or otherwise, publish such information concerning the Scheme and decisions in individual cases as may, in its opinion, assist intending applicants for compensation.

Procedures etc.

20. The Tribunal will be free to draw up and publish any instructions it considers necessary regarding the procedure for administering the Scheme. However, these instructions will be consistent with the provisions of the Scheme and with the general intention that the administration of the Scheme and, in particular, proceedings before the Tribunal, should be informal.

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21. Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception).

22. Applications should be made on the Tribunal’s application form. This will be

obtainable from the Secretary to the Tribunal.

23. To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.

24. The Tribunal’s staff will process applications in the first instance and may seek all relevant information as to the circumstances of the injury either from the applicant or otherwise.

25. A decision by the Tribunal on a claim may, in the first instance, be taken by a duly authorised officer of the Tribunal where the amount claimed does not exceed £250. Where the claim is for a greater sum than £250 or where the claimant is not satisfied with a decision by that officer, the decision will normally be taken by one member of the Tribunal. The Tribunal will have discretion to hear any claim at a hearing before three members of the Tribunal and a person who is dissatisfied with a decision given by one member may also have his claim so heard. In the latter case the member who gave the initial decision will not be one of the three members of the Tribunal present at the hearing. Apart from an appeal by an applicant against a decision of a duly authorised officer or against a decision of one member, there will be no appeal against a decision of the Tribunal.

26. The proceedings at the hearing of the Tribunal will be by way of a presentation of his case by the applicant who will be entitled to call, examine and cross examine witnesses. It will be for the claimant to establish his case. A member of the Tribunal’s staff may make submission to the Tribunal on the case and will also be entitled to call, examine and cross examine witnesses. All information before the Tribunal will be available to the applicant.

27. An applicant may be accompanied by his legal adviser or another person but the Tribunal will not pay the costs of legal representation.

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28. The Tribunal may, at its discretion, pay the necessary and reasonable expenses of witnesses.

29. Hearings will be in private.

30. The standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities.

31. The Tribunal will be entitled to make any arrangements which it considers desirable for the administration of money it awards as compensation.

Payment of Awards by the Tribunal

Applicants should note that the Subhead under which the monies are provided has been designated by the State as a “cash-limited grant scheme”. This means that the Tribunal has no capacity or authority to pay out more funds in any one year than has been voted by the Dáil. Thus, if the Tribunal’s funding becomes exhausted before the end of a financial year it has to wait until the next financial year, when it is again put in funds, before making any further payments to applicants. The Finance Act defines a Cash-limited scheme as follows:

Cash-limited Grant Schemes. C3 – Grants and Grants-in-Aid

The exercise of virement to create or increase a cash-limited grant Scheme is not permissible. The ambit of a Vote that contains a cash-limited grant scheme includes a reference to the fact that the individual subhead for the scheme is designated “cash-limited”.

The term “cash-limited” means that the funds available for a particular scheme for the year will be limited to the cash amount specified in the Estimates allocation and so entitlement to payment in the year under the scheme will be contingent on the availability of funds. In cases where a scheme is “cash-limited”, the Government can decline to take a Supplementary Estimate to increase the subhead allocation. Departments administering such schemes should clarify in advance to applicants that the relevant scheme is cash limited

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