Dáil debates

Wednesday, 18 May 2022

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

 

5:37 pm

Photo of Michael CollinsMichael Collins (Cork South West, Independent) | Oireachtas source

I thank Deputy Connolly and her group for giving us this time to speak on such an important issue.

Changes to the Garda compensation scheme have been proposed for a number of years and therefore this Bill is long overdue and welcome. For instance, the current scheme has a requirement to go to the High Court, which is leading to many instances where the legal costs incurred in the proceedings regularly exceed the amount awarded in damages. Therefore, we welcome this Bill and it is imperative that it be brought into operation as quickly as possible as the current legislation is well past its sell-by date and has many defects.

We welcome that the Bill provides for a streamlined and simplified method for members of An Garda Síochána, who are entitled to compensation, to have their case dealt with in a manner that is free from legal manipulations and costly High Court cases.

This current scheme favours the legal profession as much as, or more than, the members of An Garda Síochána it is intended to serve. It is hoped that this Bill will achieve a greater degree of fairness and transparency for members of the Garda. We often hear stories of situations under the current scheme whereby one garda receives a certain level of compensation from one High Court judge while another garda, with exactly the same personal injuries, receives a lesser or greater payout. It is, therefore, hoped that this Bill will lead to a greater degree of standardisation of approach through the PIAB.

However, one clear omission from this Bill is that while members of the Criminal Assets Bureau will receive coverage, civilian members of the Garda who operate, for example, under the functions of criminal assets legislation, will not be covered. The complete exclusion of the civilian staff of the Garda from the remit of the Bill is puzzling and we are calling on the Minister to address this concern. This is particularly important in a changing environment where many technical functions associated with criminal investigations that are now carried out by members of the Garda will in the future also be carried out by civilian employees or staff members of An Garda Síochána.

I have been involved through the years with the Garda in my own community of Schull and Goleen. While we are talking about the Garda, I would like to acknowledge some of the great work it does in west Cork. Last weekend, I attended the west Cork Garda youth awards in Kinsale. It would do your heart good to see so many young people working so hard in their lives and being rewarded for doing so. We often hear about the things young people do wrong and it is seldom they get acknowledgement. In fairness to the Garda, it put together a great display and gave these young people an opportunity to be rewarded. People from Castletownbere, Bandon, Clonakilty, Macroom, Skibbereen and other places received awards for their achievements in their local communities. I thank the Garda. A lot of work goes on behind the scenes. I thank Garda Damian White, Garda Don Davis and Sergeant Ian O'Callaghan who worked hard to bring out the best of the youth in our communities. That is the work of the Garda at its very best. I also thank Garda Brigid Hartnett and Superintendent Brendan Fogarty. I wish Chief Superintendent Con Cadogan a happy upcoming retirement. His retirement was announced at that function last week.

The role of the Garda in the community is important. I have often said it is important for gardaí to be seen in the community and to work in the community. I see that in local gardaí such as Garda John McCarthy in Kilbrittain, who is out there and working in the community. Such gardaí are always with people and calling to their neighbours and elderly people to make them feel secure at home. The same is true of Garda Jonathan McCarthy in Ballydehob.

We have a situation that must be looked into. The superintendent situation in Bantry is serious. That position has not been filled for a number of months. The superintendent in Bantry is of considerable importance to the people in that Garda district, which stretches to Castletownbere, Schull, Drimoleague and places like that. This situation cannot continue.

I know Deputy Mattie McGrath has more to say on this issue than me but I raise the matter of closed Garda stations. The Government took the decision a few years to close Garda stations and I imagine the Minister does not want to hear any more about it. However, I come from a community in Goleen where the Garda station has closed. The same applies in Adrigole and Ballinacarrig. Those Garda stations are still closed. Why are they not being used to house Ukrainian people? The community is willing to work. We do not need to be drawing up super plans that cost a load of money. We are willing. I call on the Government to give us the Garda station. There are 17 rooms in the Goleen Garda station. It would rejuvenate the local community. The intention is to sell the Garda station for profit instead of giving it back to the community.

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