Dáil debates

Wednesday, 18 May 2022

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

 

4:57 pm

Photo of Matt ShanahanMatt Shanahan (Waterford, Independent) | Oireachtas source

I think we would all agree that every functioning democracy needs to have an independent policing authority, a police force to ensure the security of the population and the upholding of our democratic laws and mandates. In Ireland, we are lucky to have An Garda Síochána. It is a force that is recognised across the world for it close ties to community, its professionalism and the fact that most of its members do not carry arms. This is unusual for most police forces across the world. That being said, the shape of our society is changing, as is our culture. Our police force must change also.

The role of the gardaí on the beat has changed quite dramatically, particularly for those who are now stationed in our larger urban towns and cities. Unfortunately, threats to the lives and limbs of our gardaí, which would not have been commonplace over past decades, are commonplace today. Unfortunately, we have far more pervasive crime, as the Minister knows, particularly in relation to the drugs trade in Ireland. Any garda who is single-handedly trying to interrupt the activities of drug gangs for their profits is certainly taking a chance with their personal safety and well-being.

In addition, violence against gardaí on the beat has increased. It has been driven by both criminal activities and increased antisocial behaviour. Many gardaí now unfortunately face the possibility of physical injury at the hands of others when they are trying to make arrests, possibly late at night, or when they are trying to interrupt a crime. In recent years, when gardaí are exposed to car chases, the ramming of garda cars by fleeing suspects has become all too prevalent. Gardaí are often called to many domestic abuse situations, which can tragically escalate out of control. This was seen with the death of the garda Tony Golden in 2015 and similarly with the death of Adrian Donohoe at the Lordship credit union, when he had been protecting cash that was in transit. These, as we all know, were crimes that would not have been thought about in this country possibly 30 or 40 years ago. We need to ensure that in such circumstances and situations, where family members or dependents are left, they must receive compensation as quickly as possible and with the least amount of legal adversity as possible. I know the Minister is trying to pursue this.

There are few jobs of which I know that carry the risk of assault, car accident, personal attack or injury as being a possibility every day you go to work. That is a fact of life for people in An Garda Síochána. Given this environment, it is only right that we should have a comprehensive garda compensation policy for members of the force when they suffer injury, let alone death, in the course of their duties.

In light of personal injury assessment, I am glad the Minister has included in her Bill the estimation of personal injuries compensation to be considered by PIAB. As the Minister knows, PIAB is building significant expertise in this area and it has been doing so for a number of years. It now has an agreed book of quantum to regulate costs and to ensure a speedy assessment and grant of compensatory moneys.

It is to be hoped this will speed up claims that are pending. I also welcome Part 7 of the Bill, where it has been highlighted compensation will not be liable for the purposes of calculating income tax and notes the exclusion of awards from certain assessments of pensions. This is only right. In fact, compensation is not being seen as a windfall for anybody who is getting it, but something that is a means to compensate people for injury and loss they have suffered.

I will also ask the Minister about the issue of post-traumatic stress disorder. I am not sure where it is in the Bill, although I know it is there in respect of the Personal Injuries Assessment Board, PIAB. Post-traumatic stress disorder does and will befall many members of An Garda Síochána as a result of assault and injuries suffered and in the course of duties where they have been witnesses to assault, kidnapping and battery and, sometimes, violence and murder. Although we are talking about Garda compensation relating to assaults on gardaí, this is an area the courts will have to look at because the attitudes to taking on and assaulting gardaí have changed. I am aware of this in my town and in my circles. I see it on the beat and most gardaí will tell you that. The deference that was widely offered to the Garda for many years in this country does not exist to the same extent anymore. Therefore, the actions of the courts must prove a deterrent to any considered assault of a garda.

Regarding the welfare of gardaí in the course of their duty and how the State provides adequate facilities for that purpose, I will speak for a moment about our divisional headquarters in Waterford. I was happy to welcome the Minister to Waterford in recent days. She was well received and met with the new policing body there. I presume she also saw our divisional headquarters. She will also have seen the cramped and inadequate space available to our Waterford divisional headquarters. I hope she took significant notice of the lack of office space, the lack of interrogation rooms and the lack of changing rooms and locker room facilities for Garda members. I am sure these deficits were not lost on her during her tour of that divisional unit.

As she knows, we have spent a lot of money in this country upgrading Garda headquarters, sometimes at a cost of tens of millions. I hope somebody pointed out to the Minister there is potential to add significantly to the footprint in Waterford for probably €3 million to €5 million. I ask her to bring this matter up with the Commissioner, if that is where it has to go, to get investment. As she knows, Waterford headquarters is the command and control centre for the south-eastern command and control rooms, which monitor all emergency activities in the region. To be fair, I have seen operators there operating cheek by jowl. There is hardly room for a pen on a desk or a peg for a coat. It is not adequate in this day and age and it is not right to ask people to work in those facilities. Although the provision of capital facilities and buildings may not be part of today's immediate discussion, I ask the Minister please to raise this matter with the powers that be to see if we can get money put into divisional headquarters in Waterford. As she knows, its remit has been widened. Additional people are to go there but there is no room to accommodate them and certainly no room to accommodate the additional activity that will take place.

Overall, I of course support the activities of An Garda Síochána and its members' rights to adequate compensation for injury or loss in the course of their work. We all want to see a progressive Garda force. We must, therefore, ensure it has a progressive compensation system in place for injury and loss in the course of its members' duties, as might happen to them. I welcome the Bill and I hope to see it progress.

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