The Minister for Defence has welcomed the judgment in which a former part-time soldier, who had served four years with the FCA almost 30 years ago, had his claim for hearing impairment dismissed. Mr Smith said it was a "positive development".
In a statement, the Minister said he hoped the judgment would encourage "a more realistic approach from potential claimants."
Mr Justice Kelly said he regarded the action by Mr Brian Fenlon (51), a father of six, as "rather opportunistic." The judge said insofar as Mr Fenlon does suffer any hearing impairment, this was no different to other persons of his age who had not been subjected to unusual noise. The costs of the case, put at about £15,000, were awarded to the State.
Mr John Lucey, of PDFORRA, the soldiers' representative organisation, said its position had not changed - each case should be judged on its merits. It had been saying that consistently and was happy to accept the findings of each court case. He said his group had urged the Department to bring in a Compensation Act in 1992 similar to the Garda, but it consistently refused and would not consider it.
He said PDFORRA was completing a written submission on the matter of claims to the Dail Committee on Public Accounts. It had also told the committee it was prepared to make a verbal submission.
The Law Society, which represents solicitors, said it resented an earlier statement by the Minister which appeared to attempt to make solicitors who acted for soldiers, and solicitors generally, "scapegoats" for soldiers' claims. The fault lay with decades of neglect by the Army and Department of Defence. This was responsible for the injuries and the tremendous loss to the State.
Mr Smith told the Dail last month Army compensation awards for hearing loss could reach £16 million a month - the equivalent of a new Naval Service ship a month.
Some £85 million has been allocated for this year for personal injury claims; 90 per cent of it would deal with hearing impairment. The average settlement was £22,000.