Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

The Bill seeks to address an unfair situation that exists at the moment where gardaí who are maliciously injured while serving the State are placed at a severe disadvantage in comparison to civilian claimants. Currently, gardaí who sustain injuries have to apply for authorisation from the Department of Justice to seek compensation in the High Court, regardless of the scale of the damages sought. This places an unnecessary cost burden on gardaí at a time when the State should be supporting them. Current claims must also be lodged within three months of a malicious incident. This legislation will extend the timeframe to six months, although in many cases the general public have up to two years to lodge a claim.

The requirement through apply to the High Court is overly cumbersome. Under this new Bill, a nominated reporting officer, who will be appointed by the Garda Commissioner, will decide on the eligibility of claims. There will be a formal review process for claimants who have been refused. It is a principle of natural justice that a right of appeal should be available, and this is to be welcomed.

This Bill will also include trainee gardaí, who the current legislation does not cover. If enacted, it will allow for the Personal Injuries Assessment Board, PIAB, to assess claims using its usual quantum system. This is an important step because it removes the need for our gardaí to incur expensive legal costs so that they can get what they are entitled to.

We in Sinn Féin have concerns over the term "malicious intent". It needs to be clarified that gardaí are covered for injuries that are sustained in traffic accidents, as well as for other injuries that occur in the course of their duty, where the garda has not contributed to the cause of their injury but where maliciousness is involved. This is something of a grey area.

Finally, I would like to raise the issue of resources. Our gardaí deserve a workplace that is as safe as possible. The lack of resources is often brought up at our local joint policing committee meetings. We need to fund An Garda Síochána better so that any risks can be mitigated. If An Garda Síochána does not have sufficient numbers, and if its members are working with poor quality or not enough equipment, these can contribute to accidents. In my area we have a situation where they are apparently sharing a garda car. That is probably an issue for another day, but it needs to be addressed. The men and women who put themselves at risk, as well as the general public who rely on them, deserve better.

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