Dáil debates

Tuesday, 17 May 2022

Garda Síochána (Compensation) Bill 2021 [Seanad]: Second Stage

 

5:20 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak to this important legislation. The Bill contains many provisions that are very important from a workers' rights perspective. We should never forget that members of the Garda are workers. They do a very tough job, made more difficult by the fact they work in an environment that has been under-resourced for a long time. When we are thinking about Garda members as workers, I do not want to let this opportunity go without saying the representative organisations for An Garda Síochána at all levels should be allowed to affiliate to the Irish Congress of Trade Unions, and all members should have full representation rights for their representative organisations.

Returning to the Bill, it is timely to see the inclusion of trainee gardaí as part of this compensation scheme. As was pointed out by an Teachta Daly, their work involves more and more on-the-job training. Regardless of whether a person is a trainee or an apprentice, he or she should be compensated if injured during the course of his or her work, and especially so in the case of members injured through a malicious incident. While the use of PIAB might slightly delay the issuing of awards, it has the benefit of ensuring the claimant will not be required to incur the cost of engaging a solicitor from the very beginning.

The definition of "malicious incident" is welcome. For a long time, this was a grey area left to be interpreted by the Garda Commissioner, and later by the Judiciary during a case that went all the way to the courts. This caused considerable anxiety to members who had been injured while on duty or in the commission of their duties, given some judges would find a member had been pursuing a suspect or had been injured by a driver under the influence. I am sure we all know, or have heard of, members injured in road collisions or while coming to the aid of members of the public, or others who have been targeted because of their work. These workers should not be left in limbo. They should have recourse to compensation for injuries they sustain. Moreover, circumstances in which members are injured through malicious intent can arise due to staffing deficiencies. As can be seen in our accident and emergency departments, the single greatest cause is understaffing, and under-resourcing and understaffing have serious implications for workers. Overworked and under-resourced Garda members are pulled from pillar to post responding to and investigating suspected criminality. They need more resources, both human and financial, to help them during the course of their work.

A lack of resources to deliver effective community policing has also caused significant problems. In recent months, I have spoken to many people who have cited the lack of community policing as a factor in drug issues, public order disturbances and violence and intimidation within communities. It should not be forgotten that poverty and inequality play as great a role in any such matters. In what has become an all-too-often occurrence in my constituency, there were significant public order issues last weekend. Such shocking behaviour is unacceptable and the safety and security of these areas has to be improved. It is shocking that our lovely public spaces can become so inhospitable and can be dominated by those who just seek to cause trouble. I urge the Minister to examine this issue, not just in the towns and villages but throughout north County Dublin, in the run-up to the busy summer period. We need a policing plan and additional gardaí to ensure everyone can enjoy what the north of the county has to offer in order that those who are intent on causing trouble will not get their way.

I cannot let this opportunity pass without mentioning the case of an extremely brave woman who contacted my office. She was the victim of severe abuse by her former spouse. Most of the incidents of abuse were reported to the Garda but were never followed up on or investigated. She made a complaint to the Garda Síochána Ombudsman Commission, GSOC, and some sanctions were imposed.

Unfortunately, the victim felt that the process was flawed and incomplete because the final report did not mention the assault, harassment and breach of barring order perpetrated against her. She has voiced her frustration that there is no external appeals process and that the report she has received is, therefore, final. That is it. It is done and dusted. She does not feel that she has got justice but she cannot go any further with the matter. She feels very let down. In addition to liaising with me, she has also reached out to the Minister's office regarding these matters. I am aware of the upcoming policing, security and community safety Bill 2021, which is currently undergoing pre-legislative scrutiny. In replies to parliamentary questions, the Minister has stated that GSOC will have increased investigative powers and an extended mandate. In the course of that Bill's progress through the Dáil, I hope the Minister will consider the calls for many avenues for victims to question, query and appeal.

In the few moments remaining, I will raise with the Minister a case that has been brought to my attention. It relates to a member of An Garda Síochána who is due to become homeless in the coming months. This person has a job. This is the housing crisis in action. All he can be offered is accommodation in a hostel. This person cannot live in a hostel because he goes into hostels for work reasons. I am not suggesting that any person should, by virtue of his or her job, be able to skip the queue but I do want to raise this issue with the Minister and make her aware of this very stark and real thing that is happening to members of An Garda Síochána. They are out there doing their best and now, through no fault of their own, they find themselves renting privately because they cannot afford a mortgage. This individual has been served with a notice to quit. Of course, he has to abide by the law and be out when the landlord says he must but, for this person, the only option may be to go to a hostel, which creates particular difficulties for members of An Garda Síochána.

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