Pubdate: Sun, 4 April 1999
Source: Observer, The (UK)
Copyright: Guardian Media Group plc. 1999
Contact:  http://www.guardian.co.uk/
Author: Patrick Wintour, Political Editor

DRUNKS AND ADDICTS TO LOSE RIGHTS TO INJURIES COMPENSATION 

Drug addicts and drunks are to lose access to state compensation if they are
the victims of criminal injury, under proposals from Home Secretary Jack Straw.

Determined to send out a tough message on excessive drink and drug abuse,
the Home Secretary believes that anyone who contributes to their own
injuries by getting involved in pub brawls should be excluded from the
state's compensation scheme.

This follows some high-profile cases that prompted outrage over awards to
people injured after drinking bouts.

Last month a man who tripped after an eight-hour drinking spree was awarded
UKP500,000 from public funds.

The case prompted disbelief and anger as it emerged that the taxpayer will
have to pay the bill because the accident occurred on a pavement for which
the Scottish Office has responsibility. In 1997 London Transport was forced
to pay UKP103,000 compensation to a man after he fell under a bus when he
was so drunk he could barely walk.

A London Transport spokeswoman said: "I don't know how the courts arrived at
such a precise figure. They decided the driver could have taken more
appropriate action."

Straw also wants to increase the compensation paid to HIV and Aids victims
to UKP25,000. At present a claimant can receive as little as UKP1,000.

However, Straw has not yet made any decision on whether to increase
compensation for victims of rape - currently set at UKP7,500.

The Home Office is also not proposing an immediate increase in the
compensation paid to victims of child abuse.

The move to exclude heavy drinkers follows claims that men seriously injured
in pub brawls are making claims for compensation from the state. The Home
Office calculates cutting out drunks could save as much as pounds 10m, which
could go to more needy cases such as rape or child abuse victims.

The state compensation scheme, costing UKP200m a year, is thought to be the
most generous in Europe and leads to more than 80,000 claims, and 45,000
awards a year.

More than a million claims have been made since the scheme was introduced in
1964.

The awards are based on an injury tariff linked to the nature of the injury.

Home Office officials say the fund is intended to help blameless victims of
crimes of violence, and those injured in trying to apprehend criminals or
prevent crime. Home Office officials believe drunks and drug addicts are
making claims for injuries caused by their own abuse. A Home Office
consultation paper explains: "The scheme should not compensate those who by
drinking excessively had contributed to the fact or the extent or the
injuries. People should face the consequences of excessive drinking."

It would be important, the Home Office says, not to exclude or stigmatise
people legitimately and quietly enjoying themselves in a pub.

Ministers have ruled out extending the scheme to people suffering shock as a
result of non-violent crime, because it is estimated that it would cost
UKP100m a year.

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