Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

We must recognise the regrettable fact that virtually every member of the Garda has been subjected to assault or acts of violence in the course of his or her career. It is, unfortunately, a very common occurrence. I know from speaking to members of the Garda that frequently when they are out, particularly in the evening time and at weekends, they are subjected to assaults and violent attacks. It is also important for us in this House to accept and acknowledge that not every act of assault or act of violence perpetrated against a member of the Garda results in that garda initiating a compensation claim.

The vast majority of assaults or violent attacks on members of An Garda Síochána are simply accepted by gardaí and they do nothing about it. They do not go down the route of seeking to secure compensation. We need to acknowledge that being a member of An Garda Síochána is a very dangerous job, particularly now. Members are dealing with people who have taken drink or drugs and who are in a violent condition. Often members of the Garda are forced into the centre of difficult situations, trying to resolve an issue involving violent people.

Like other Members of this House, I welcome the legislation that is being proposed. Obviously members of An Garda Síochána who sustain an injury which is maliciously inflicted on them during the course of their work, or even when they are off duty but it is inflicted because of their work, are entitled to compensation. That is the system that has operated to date but it is correct that we try to update the Garda compensation scheme. At present, the situation requires a garda to initiate a claim that is ultimately heard in the High Court, although on many occasions those cases are determined or resolved in advance of determination by the High Court. Under this legislation, it is proposed that the offices of the Personal Injuries Assessment Board, PIAB, will be used for the purposes of assessing and determining the amount of damages to which a garda is entitled as a result of sustaining injuries. Obviously, like any applicant to PIAB, if the garda is not satisfied with the amount being proposed, he or she is perfectly entitled to take the claim forward to the appropriate court. I note under this legislation that the different courts are available to anyone bringing a claim. Members of the Garda can go to the High Court or the Circuit Court. I suspect that very few claims will be initiated in the District Court.

In recent years a policy objective has been pursued by this House and by the Executive to try to ensure that the amount of awards made to persons making personal injury claims are reduced. The primary reason for this is we want to see the premiums charged by insurance companies come down. There is obviously no similar corresponding policy objective when it comes to Garda compensation but there is a requirement to ensure that we get greater consistency when it comes to awards that are handed out to members of An Garda Síochána for sustaining injuries during the course of their employment. We also have to understand, however, that some very serious injuries are sustained by gardaí as a result of their work. I would be concerned if there is a policy objective to reduce the amount of compensation that members of An Garda Síochána are entitled to as a result of injuries maliciously inflicted on them during the course of their work or as a result of their work. In fact, when one looks at the awards that have been made for members of An Garda Síochána who have made the most supreme sacrifice, those whose lives have been lost in the course of duty, the awards that have been handed out have not been large enough. Obviously when members of An Garda Síochána are killed during the course of duty or as a result of their job, their families, including their dependants, are entitled to take a claim and money is paid to the families. In the case of one of the unfortunate members of the Garda who was murdered recently, the resultant claim the family received was in the region of €1.3 million but in my opinion, that is not enough for the loss of a father, husband or indeed, a wife and a mother who was a member of An Garda Síochána. Obviously, a huge amount of the calculation depends on a loss of earnings claim but also a dependency claim. We must recognise that if a garda goes out and gives his or her life during the course of duty, that requires a payment that is significantly in excess of what is ordinarily calculated as being an appropriate amount for a fatal injuries claim.

We also need to remember the gardaí who have lost their lives in the course of duty. It is an extraordinary sacrifice, not just for them to make but for their families to make. I think of members of An Garda Síochána who were killed recently, including Adrian Donohoe, Tony Golden and Colm Horkan. They gave their lives defending the community and of course, many other members of An Garda Síochána in the 1970s and 1980s gave their lives fighting to protect this country from the unnecessary violence being perpetrated in the North of the island

I am very happy to support this important legislation. I presume the Minister has consulted with the Garda representative organisations in respect of the Bill. It should be enacted promptly and hopefully we will find ourselves in a situation where members of the Garda do not have to go to court to secure the compensation to which they are entitled but instead will be given a fair and reasonable offer by the PIAB, taking into account the injuries they have sustained and, more importantly, taking into account the absolutely essential role they play in defending the people of Ireland every day of the week.

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