Department of Defence received report in 1986 warning of defective hearing compensation claims

The Department of Defence received a warning about "expensive compensation claims" arising from hearing disability as early as…

The Department of Defence received a warning about "expensive compensation claims" arising from hearing disability as early as June 1986, it has emerged.

The warning was contained in a report from a board set up by the Directorate of Ordnance to examine ear protection.

The report, delivered to the Department in June 1986, pointed out that by that stage 40 per cent of disability claims from military personnel for the previous three years were for defective hearing. It added that half of these claims were from officers.

It summarised the effect of percussive sound from firearms, artillery and explosives on hearing.

READ MORE

It outlined eight sets of consequences stemming from the lack of protection for soldiers on firing ranges. The last point was that "expensive compensation claims or disability claims may result".

Subsequently the Department received advice from the Attorney General's office in February 1994 that in cases of personnel who served in the Defence Forces prior to 1987 - when there was no proper form of ear protection on ranges - the Department would have no defence in compensation cases.

A letter to Army commanders said: "In these cases it should only be necessary to establish the medical evidence of defective hearing and the service details showing pre-1987 exposure to gunfire in order to allow for liability to be conceded and for the case to proceed as one of assessment of damages only."

Although the Army report and Attorney General's advice clearly appear to raise the issue of a huge number of compensation claims, it appears there was no structured response from the Department.

The Department has made repeated unsuccessful challenges in the High Court. Last month the Minister for Defence, Mr Smith, announced he was setting up a tribunal within the Defence Forces to examine cases and make compensation payments.

However, the main soldiers' staff association, the Permanent Defence Forces Other Ranks' Representative Association, has rejected the Minister's proposal, saying it will not adequately compensate for hearing loss. The association has indicated that soldiers seeking compensation may take a single "class" action in which the State could face a single huge compensation bill of up to £500 million.

The claims by soldiers who served prior to 1987 appear to be backed by the report carried out at that time by the Director of Ordnance. The report showed that damage to hearing from excessive noise levels was permanent and would worsen with age.

It said that commanders, at the time, "do not insist or even encourage personnel to wear earplugs", adding: "Indeed, many commanders give bad example by not wearing them themselves."

It goes on: "Many personnel have the false impression that the ear-plug is not much good, that ear-muffs are better than earplugs. "The Defence Forces have not provided any hearing protection, on general issue, since September 1983. This is the last date that stocks were available from Group Three Stores of Ordnance Depot. No new purchases have been made since that date with the exception of small quantities of specialist protectors for Artillery Corps, Army Ranger Wing and Ordnance Corps."

The PDFORRA President, Mr Pat Grogan, said the association had a list of soldiers and ex-soldiers who have been rejected for jobs because of hearing disability that will worsen as they get older. He rejected the Minister's proposal for an internal compensation tribunal, saying: "Under his terms, it will exclude more people that it will include. The tribunal he wants to introduce simply won't work because people will not get awards similar to those being awarded in the courts."