Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am delighted to introduce the Garda Síochána (Compensation) Bill 2021 to the House following its passage through Seanad Éireann last week, and I look forward to hearing the contributions from Deputies today. Before I discuss the Bill, I would like to mention an issue that was raised on the Second Stage debate in the Seanad in March. Some Senators in their contributions questioned why civilian staff of An Garda Síochána are not covered by the provisions of the Bill, given the increased civilianisation of the force. I would like to inform Deputies that this issue is currently under consideration in my Department and consultations are ongoing. If there is no impediment to the inclusion of civilian staff following these consultations, I intend to seek Government approval in the coming weeks to introduce an amendment to extend the scheme to civilian staff. This will be in addition to some minor technical amendments that I intend to introduce in sections 11 and 16 of the Bill in relation to the form of applications.

Turning to the Bill before us, I believe we can all agree that members of An Garda Síochána do their utmost to tackle crime and to keep the public safe and I commend them on this. Unfortunately, the nature of this work means that members of the Garda can suffer injuries, or in the most tragic cases, injuries causing death, and they, or their family members in the case of death, deserve to be compensated in recognition of this.

As Deputies will be aware, this Bill provides for an overhaul of the Garda compensation scheme currently in operation by creating a new statutory scheme that will reduce the waiting times and costs associated with claims by gardaí or their family members and dependants. The current scheme set out in legislation and in operation since the 1940s has not been updated since and is in need of reform. It relies on an adversarial approach to Garda compensation claims and lengthy delays in the High Court can mean that members of An Garda Síochána or their family members can be waiting many years before they receive a compensation award. This is unsatisfactory and I want to ensure that gardaí have timely access to compensation under this Bill.

The main objectives of this Bill are to reduce the length of time it takes for Garda compensation claims to be dealt with from the initial application right through to the award of compensation and to offer opportunities for settlement and resolution of claims much earlier in the process. The Bill achieves this by setting out clear time limits in relation to each stage of the process and providing what will happen where those timelines are not met. It also aims to reduce the number of applications ultimately proceeding to court, which will in turn reduce the significant legal and administrative costs associated with the scheme currently.

A review committee identified a number of weaknesses in the current scheme under the Garda Síochána (Compensation) Acts 1941 to 1945, and a commitment was made to change the existing procedures. In 2016 the Personal Injuries Assessment Board, PIAB, was approached with the assistance of the then Department of Jobs, Enterprise and Innovation, and its involvement in the new compensation arrangements was agreed and ultimately approved by the Government. As an independent body already dealing with personal injury claims, they are well positioned to provide an independent assessment of quantum in Garda compensation cases.

Before I move to the provisions of the Bill, I would like to outline broadly how the new scheme is proposed to operate in practice. The member, or specified dependent in the case of a fatal injury, will apply to the Garda Commissioner for initial assessment of his or her case within six months of the injury. This has been increased from three months under the old scheme to allow additional time for applications to be made. The Garda Commissioner will arrange for a reporting officer to determine if the person is an eligible applicant and if so, to prepare a written report within a specified time to conclude whether the injury or death appears to have been caused as a result of a malicious incident as defined in the Bill. If the report concludes the injury or death appears to have been caused as a result of a malicious incident, then the member or his or her specified dependant or dependants is entitled to an assessment of compensation. If the report concludes the injury or death was not caused as a result of a malicious incident then the member can seek an independent review of that finding. An independent review officer will determine whether the finding of a reporting officer should be confirmed or overturned. If overturned, the member is entitled to an assessment of compensation. Where a member is entitled to an assessment of compensation the Garda Commissioner will arrange for an application to be made to the Personal Injuries Assessment Board on his or her behalf. This is to reduce the administrative burden on the applicant and to enable the Garda Commissioner to pay the fees associated with PIAB. PIAB will process the application in accordance with the Personal Injuries Assessment Board Act 2003, as amended, and will make an assessment by reference to the personal injury guidelines. Both the applicant and the State Claims Agency, which will be acting on behalf of the Garda Commissioner in the management of claims, will be notified of an assessment made by the Personal Injuries Assessment Board and can accept or reject it. If either party rejects it, the applicant will receive authorisation from the Personal Injuries Assessment Board to proceed to court. The State Claims Agency will manage the court proceedings on behalf of the Commissioner.

I will turn now to the detail of the Bill. The Bill is divided into seven Parts and I will outline its key provisions. Part 1 sets out the title of the Bill, other legislation that the Bill interacts with, such as the Personal Injuries Assessment Board Acts 2003 to 2019, and provides for commencement orders for the coming into force of the Bill, once enacted. It sets out the relevant definitions for the Bill, including the key definitions of “malicious incident” and “member”. In general terms, a "malicious incident" means an incident in which personal injuries, or death as the case may be, were inflicted on a member deliberately or recklessly in the course of the performance of their duties, while acting in a general capacity as a member of An Garda Síochána, because of anything done by the member, or because they are a member.

The current Acts make a distinction between injuries of a minor and non-minor nature. This Bill ensures that all injuries inflicted as a result of a malicious intent are covered by this scheme. It is also worth noting that the definition of "member" is extended to include trainee gardaí.

The transitional arrangements that will apply to deal with applications received prior to the commencement of the scheme are set out in section 5. For those applications where a determination has not yet been made in my Department, these applications will fall under the new process as outlined in this Bill, which is very similar to the process we put in place with the personal injuries guidelines. In these cases, the documentation will be returned to the applicant, the applicant will be informed of the new process and he or she will have to submit an application within six months of the notice being issued to him or her. Persons in this category will be given ample notice of this change. In cases where authorisation has been given already for an application for compensation to proceed to the High Court, those claims will be processed as if the Acts of 1941 to 1945 have not been repealed and applications already initiated in the High Court will remain there. In other words, there will be no change for these proceedings. Again, this is very similar to the process for the personal injuries guidelines.

Part 2 of the Bill deals with the application for initial assessment. It sets out who may make an application for compensation under the scheme, the form which the application should take, to whom an application should be made and the time limits associated with making an application. It captures all persons previously permitted to make claims under the Acts of 1941 to 1945. The applicant is defined in section 8 and may make an application to the Garda Commissioner specified in section 9. Section 9 also provides for cases where the Garda Commissioner is the applicant. Section 10 states the time limit for making an application, which is six months from the date of the injury, or knowledge of the injury, with provision made for late applications in certain circumstances.

Part 3 sets out the appointment of a reporting officer to assess an application. A reporting officer will not be below the rank of superintendent or, where a member of civilian staff, of equivalent grade. Further provisions are made for where a reporting officer is unable to perform his or her duties. The criteria for preliminary examination and the determination of an application is detailed in this Part of the Bill as well. It allows for the interaction of the reporting officer with the applicant. It gives clear timeframes for the completion of a determination, which is four months, with the possibility of an extension for a further two months. If this time limit is not met, the applicant will be entitled to move to the next stage of the process and will proceed to an assessment by the PIAB. Where a determination is made that the application can proceed to the Personal Injuries Assessment Board, it sets a timeframe of 30 days for the Garda Commissioner to make an application on behalf of the applicant.

Part 4 provides for the procedures for the review process, the creation of a review panel for independent assessment, the criteria for the preparation of a report and clear timelines for the process. There are three scenarios set out under which a person may submit an application for independent review. These are a refusal by the Garda Commissioner to extend the time limit for making an application for initial assessment, a determination that the person making the claim is not eligible to apply under the Bill or where it is concluded that the injuries were not inflicted as a result of a malicious incident as defined in the Bill. The time limit for making an application is 30 days from the date of notice issued to the applicant. This is set out in section 16. The criteria for appointing a review officer is set out in section 15 and the criteria for preparation of a report in section 18. A review officer will have three months within which to make a determination to either confirm or set aside the original decision issued. Again, if this time limit is not met, the applicant will be entitled to move to the next stage of the process and will proceed to an assessment by the PIAB.

Moving on to Part 5, this sets out the application and amendment of the Personal Injuries Assessment Board Act 2003. The current Act precludes applications for Garda compensation. This Part of the Bill removes the restrictions in place by allowing interaction with the Personal Injuries Assessment Board Act 2003. It permits the assessment of quantum by the Personal Injuries Assessment Board in Garda compensation cases and provides for the application of the cost provision in that Act. It allows for certain modifications to the Personal Injuries Assessment Board Act 2003 for Garda claims, for example, providing for the definition of “respondent” to mean the Garda Commissioner and allowing the Garda Commissioner to submit an application on behalf of the applicant to the Personal Injuries Assessment Board. Such an application would be deemed to be an application made under section 11 of the Act of 2003. The process for acceptance or rejection of an assessment by the Personal Injuries Assessment Board will apply in the same way it does for other personal injuries actions. This means that where either the applicant or the Garda Commissioner reject an assessment, an authorisation will issue to the applicant to lodge a claim in the relevant court.

Part 6 sets out the particulars where proceedings are being brought on foot of an authorisation by the PIAB under the Personal Injuries Assessment Board Act 2003. It provides a clear timeframe for lodging proceedings of six months from the date of the issuing of the authorisation. As I mentioned earlier, this is an increase in the time available currently, which is only two months. The court will assess whether the injury or death, as the case may be, was the result of a malicious incident. It will also assess the level of compensation. The court will also deal with the issue of costs at the conclusion of the proceedings. Where determining the level of compensation, it provides the criteria that should be considered. The Bill mirrors the criteria set out in the Garda Síochána (Compensation) Acts 1941 to 1945, while including the requirement to have regard to the personal injuries guidelines, which will streamline cases with ordinary personal injury claims. This Part of the Bill does not mention which court the proceedings should be lodged to. This is to allow for the bringing of proceedings to a court that has monetary jurisdiction for the claim thereby removing the need for all Garda compensation claims to be brought before the High Court. If, for example, a Garda member wishes to claim €10,000 in compensation, he or she may now make his or her application to the District Court instead of the High Court where it can take much longer to get a hearing date and, obviously, the costs are increased too.

Finally, Part 7 sets out miscellaneous provisions in the Bill, including providing for certain amendments to legislation to update reference to the Garda Síochána (Compensation) Acts 1941 to 1945. This Part of the Bill also sets out that any award made under the Bill will not be liable for the purposes of calculating income tax and notes the exclusion of awards from assessment of certain pensions. This is in line with what was provided for under the old legislation.

In conclusion, this Bill fulfils the commitment made to change procedures for Garda compensation claims by modernising the process and by using mechanisms already in place for personal injuries claims more generally to ensure it is most efficient. It overhauls the process while retaining the parameters of the current Acts to ensure those eligible to apply and the criteria for assessing compensation remain.

The use of the Personal Injuries Assessment Board for assessing awards of compensation will ensure an independent assessment for members. It will also lead to greater consistency in awards. As well as this, the PIAB will be guided by the personal injuries guidelines in its assessments. The State Claims Agency will be in a position to make offers of settlement both during and after the PIAB process. It is hoped, therefore, that the majority of cases will be resolved without the need to go to court, which will reduce the delays and expense associated with such claims over time. With recourse to lower courts rather than the necessity to bring each claim before the High Court, it will mean a lower level of costs associated with some of the claims as they proceed.

I hope we can all agree that this Bill will modernise the way in which compensation claims by members of An Garda Síochána are dealt and reduce the administrative costs and legal fees associated with the current system. Most importantly, however, it will ensure that gardaí and their families can get access to the compensation they deserve in a simpler and more timely manner. I look forward to hearing colleagues' contributions on this matter. I have met many of the Garda representatives on a number of occasions over the past number of years and I know this is an important issue to them. I look forward to colleagues' support as we progress through the House as quickly as possible.

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