Dáil debates

Tuesday, 17 May 2022

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

 

6:00 pm

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

I appreciate that the purpose of this Bill is to reduce waiting times and the costs that are associated with claims for malicious injuries to a member of An Garda Síochána in the course of their work. It must be noted that current backlogs in the High Court have resulted in some cases taking as long as four years to progress from the initial phase to its conclusion. When legal proceedings go forward in this way, it typically results in higher costs, and further pressure on the services provided by the court. However, it also delays the process for the claimant, and may prolong, unnecessarily, the trauma that the garda member or their representatives have been subject to. Therefore, that is welcome, but it also leads me onto another, associated matter. I refer to the psychological effects of a maliciously inflicted injury. Not only is a maliciously inflicted injury a physical one; it can also stay with the injured person for some time, if not permanently. I hope that the PIAB takes account of this when it engages in deliberations on Garda compensation claims.

Our gardaí are unique in terms of workers, in so far as the nature of their duty means that, on a daily basis, they must put themselves in harm's way. It is also a profession in which some aggrieved persons may wish to vent their frustration with the course of justice. Therefore, it is only proper that the men and women who carry out their duties on behalf of the safety and security of us all would have the security of knowing that legislation has been designed to ensure that if they become a victim of a malicious assault in the course of their duty, they have a process of compensation that is as free as possible from undue complications.

I also refer to the difference between the courts system and the PIAB process. Some members of An Garda Síochána may prefer to deal with the courts or pursue their case through a solicitor. The nature of an injury sustained by a garda may cause him or her to want to go through a solicitor and go through the courts. If they wish to address the malicious manner in which an injury was inflicted upon them, the court proceedings would allow for an added level of detail. I would appreciate a response from the Minister to those specific points. Overall, I welcome the Bill. I thank the gardaí for the work they do. I hope we can reflect that appreciation through the legislation we pass through this House.

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