Number of institutional abuse claims set to double

The number of compensation claims against the State from victims of institutional abuse is set to almost double in the next six…

The number of compensation claims against the State from victims of institutional abuse is set to almost double in the next six months, according to an internal document from the Chief State Solicitors Office (CSSO).

The CSSO has also warned of a "potential high volume problem" from farmers claiming compensation for loss of income as a result of changes to the milk quota system.

Concern about an increase in claims against the State and the huge extra pressure this will place on CSSO staffing resources were outlined to the Taoiseach, Mr Ahern, in a meeting with the CSSO's Partnership 2000 Committee on February 15th.

In January, 60 solicitors and 37 legal officers in the CSSO refused to answer phones or work outside their official hours as part of industrial action in support of raising staffing levels.

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The Taoiseach was told at the meeting that to date approximately 580 compensation claims have been lodged by abuse victims against the State and that this figure was estimated to reach 1,000 by the summer.

A briefing note for the meeting, released to The Irish Times under the Freedom of Information Act, reveals concern on the part of the CSSO at pressures on staff due to a "wide range of factors".

Apart from abuse cases, Mr Ahern was told that the huge number of Army hearing cases, an increase in the number of farmers seeking compensation for losses as a result of changes to the milk quota system and 200 appeals to the High Court in Hepatitis C cases have resulted in an increase in the workload.

The briefing note said society in general has become more litigious in recent years. "With the advancement of education and communications, people have become more aware of their rights."

The rapid growth in the economy and the continuous additions to the volume of legislation and judge-made laws have resulted in a "constant increase in litigation in the office involving different aspects of constitutional, administrative, commercial and European law, and also in personal injury and tortuous claims".

The trend to seek discovery in almost every case is also leading to more work pressure.

According to the briefing note, a number of discussions with the Department of Finance have failed to result in agreement to recruit extra staff.

Mr Ahern was told that discussion are currently under way with IMPACT, the CSSO, the Attorney General's office and the Department of Finance with a view to reaching agreement on grading and structures. "It is expected progress will be rapid."

A Government source said last night that a Bill to allow the establishment of a State Claims Management Agency to handle all claims against the State is expected after the Easter break.

A source said the compensation claims lodged by victims of abuse in State orphanages and institutions are all "live claims" and are being treated as such.

The expected increase in the number of claims this year will result from the publicity surrounding the establishment of the commission into abuse.

A Department of Agriculture spokesman said last night that 100 farmers have the right to have High Court assessment for damages following a Supreme Court ruling in 1997 on changes in the milk quota system.

Seven of the cases have been dealt with and four have been settled. Negotiations are continuing to have the balance of the cases settled, he said.

In January, staff at the CSSO took industrial action in protest at lack of resources.

An IMPACT spokeswoman yesterday said negotiations to resolve the staffing issue are ongoing.