Dáil debates

Wednesday, 18 May 2022

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

 

Question again proposed: "That the Bill be now read a Second Time."

4:27 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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I welcome this important Bill, which will streamline the process for gardaí to receive compensation when they suffer malicious injuries in the course of their duties. We all appreciate that members of An Garda Síochána have a dangerous job. We have a responsibility to ensure they are protected as much as possible while working and that they are compensated fairly when those protections fail. Under the current legislation, any garda seeking compensation for malicious injury must first approach the Minister for Justice and, if his or her approval is given, may then go to the High Court. It is an incredibly inefficient system in that respect.

It is important to note that compensation is the end result of a malicious injury. Obviously, every effort should be made to ensure protections are provided as much as possible on the job. I keep going back to the ratio of gardaí to population. As I have said before, County Meath has the worst ratio in the country, followed by County Kildare, both of which are areas that have grown in population but where services have not grown in tandem. I am aware of members of An Garda Síochána turning up to incidents on their own, which sometimes puts them in harm's way. That really must be factored into the deployment of resources, which I know is outside my remit and that of the Minister. It is wholly the responsibility of the Garda Commissioner. However, it is important to reiterate that there must be sufficient resources to ensure gardaí are protected. I am aware of gardaí who have felt at risk on occasion because of the inadequacy of the protection afforded to them, but who felt they had to respond to a call. When we are talking about compensation, we must be sure to remember the importance of trying to make sure injuries do not occur in the first place or minimising the risk of them happening.

Between legal fees and administrative costs, going to the High Court is a huge financial burden and not something any of us would relish doing. Gardaí who have been injured and the families of deceased gardaí have enough on their plate without facing that burden.

The compensation afforded by the High Court in these cases is quite inconsistent and highly dependent on the judge presiding in the case. That is unsatisfactory and it is part of the reason the Minister is bringing this Bill forward. Moving to a system where the Personal Injuries Assessment Board, PIAB, will be dealing with this will go a long way towards standardising the process.

It has always struck me as strange how we separate particular categories of workers, and gardaí have been a case in point in terms of the processes afforded to them in comparison to those afforded to people who work in other sectors. Another example of this practice is the exclusion of gardaí from the Unfair Dismissals Act. It was only in 2020 that an external dispute mechanism was set up to give gardaí access to the Workplace Relations Commission, WRC, and the Labour Court. Moving the system to the PIAB is another improvement and it will reduce the cost burden and the emotional energy for the person who has been injured, as well as being a saving to the State. Legal representation is optional for the PIAB, which will lower the cost on the individual. The Book of Quantum used in the PIAB will also ensure a consistency in payouts. That is quite an important element. It is important that the PIAB takes into consideration the psychological impact of the type of injury we are discussing in this legislation. There can be a major difference between somebody having an accident in the workplace and somebody being attacked. There can be psychological consequences for a person who is attacked and who has to rebuild his or her confidence. It is a fundamentally different thing. If claimants are unhappy with the outcome of their case, they can progress to the courts. However, it is to be hoped that the process will drastically reduce the number of cases that go to the courts. That is also a bonus in terms of freeing up court time.

The new process is also a much faster system. It will reduce the overall length of time it takes for members of the Garda Síochána or their families to receive compensation as a result of injury or death. The current system has done a disservice to members of the Garda Síochána and their families in this regard. The last thing one wishes to do if one has been injured at work is to go through expensive, drawn-out legal proceedings where there is an unknown quantity associated with it in terms of the compensation to which the person might be entitled. It is welcome to see trainee gardaí brought under the new scheme. It is recognition that the trainees do policing work like other gardaí. We saw that during the pandemic when the trainee gardaí were deployed across the country. They were under supervision, but they were still out carrying out patrols, at checkpoints and so forth. If anything demonstrates that they should be included, that does. There is no question that they face the same risk in the course of their duties as a fully-fledged member of the Garda Síochána. It is right that they are included.

The exclusion of the civilian staff from the scheme is baffling. It would be useful to hear the Minister's reasoning in that regard. I am aware that it was raised by other Members of the House when they spoke on the Bill yesterday and that it was also raised in the Seanad. We will probably have an increasing number of those staff who will be doing different types of work, for example, in the area of cyber crime, that is more desk-based. If somebody comes into a Garda station and there is an attack at the front counter and the person happens to be there, it is hard to see how one can differentiate and how that person would not be included. The Minister might outline what the route for the civilian staff will be. Am I missing something in that regard in that they are already provided for? It would be useful to hear the Minister's response. In the proposed policing, security and community safety Bill, the Government is proposing to bring civilian staff under the investigative remit of the body that will replace the Garda Síochána Ombudsman Commission, GSOC, with the same level of scrutiny as is given to members of the Garda Síochána. This shows that it is not just about administrative work. If the Minister is using that logic, it would be useful to understand why they are differentiated when it comes to a claim for malicious injury.

Those are the two main points I wish to make. One is the civilian staff and why there is a differentiation. The second is that I cannot reiterate enough the importance of making sure we provide a safe working environment. That safe working environment is related to the deployment of resources. I would appreciate it if the Minister could raise that yet again with the Garda Commissioner.

It will be quite interesting to see what emerges from the new census of population. I have no doubt that Meath, Kildare and, perhaps, Fingal will be leading the charge in terms of the numerical changes, if areas are going to change dramatically. I had a look at the profile of growth between 1996 and 2016 and those three areas are the areas that did the heavy lifting, with a growth rate of approximately 40% in all three. That was phenomenal. It is impossible to have that type of growth rate if the other services are not keeping pace. We are already behind by virtue of the fact that we are five years after a census of population, but there has to be some provision to ensure that areas are properly resourced and, as a consequence of that, people are kept safer in work in this type of environment.

4:37 pm

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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The Garda Síochána (Compensation) Bill 2021 is very positive legislation and I fully support it. Essentially, the Bill is aimed at decreasing the length of time it takes for disposing of a Garda compensation claim from initial application to award by providing for clear time limits in respect of each stage of the process. The new process is also aimed at ensuring that avenues for settlement and resolution are available at the earliest possible stage and that cases do not end up before the courts and are not necessarily dealt with by the High Court when the amount claimed in compensation could be dealt with in a lower court. Provisions for legal cost penalties for failure to settle or for choosing the wrong level of court will now apply to Garda compensation claims in the same way as they apply to other personal injury actions. It is a good legislative measure. I have followed the debate this afternoon and yesterday and I do not expect that it will meet too much opposition.

It concerns me greatly that the Garda National Bureau of Criminal Investigation still has not yet properly dealt with and progressed the investigation relating to the suspension of eight members of An Garda Síochána in the Limerick division. The Limerick division encompasses a considerable amount of County Clare, which I represent. A population area of approximately 12,000 people is policed by the Limerick Garda division. It is a great concern that eight members of that division have been on suspension with pay since November 2020, with the matter being before the Garda National Bureau of Criminal Investigation. In total, more than 100 gardaí have been brought in for questioning, more than 60 telephones have been confiscated and, as I said, eight members remain suspended. One of the suspended members gave an anonymous quote to the Irish Examinerquite recently: "Our lives are ripped apart ... Our mental health has been in tatters ... [Me and my colleagues] are in a state of distress". There is nothing worse than to have a net of suspicion hanging over one.

Whether it is right or wrong, this investigation needs to move on because the force is disadvantaged by it. The eight personnel would be very much appreciated on the beat in the community. I am sure there are other services behind the scenes, administrative supports within An Garda Síochána to which these people could be assigned, rather than have them sitting at home wallowing in the despair that this has brought them to.

It is not my job to be judge and jury, but it is my job to highlight the issue - I do not get many opportunities to speak on this issue because of the separation of powers - but it certainly is not moving fast enough. The genesis of this goes all the way back to 1922, a century ago, when An Garda Síochána was formed. Every single intake of trainee gardaí have been told about L7, the power of discretion. It applies in so many contexts. A garda, in a moment, can decide how he or she should act and apply the law. It is especially relevant insofar as the Road Traffic Act is concerned. We have all been there. We have all been driving from point A to point B, possibly against the clock, and we have exceeded the speed limit on a particular section of roadway. If we are pulled over by the gardaí in that moment, when the window is rolled down and we speak to a garda, most people offer an excuse and explain - sometimes it is inexcusable of course, but sometimes it could be a trip to a maternity hospital or for any number of reasons, some of them valid and others absolutely invalid - but a garda in that moment has the power to exercise L7, the power of discretion, to cross out or square off the traffic offence there and then. That has been taught since the inception of the force way back in 1922. The power of discretion is the most powerful power a garda has, but it is not defined. It has no definition. Discretion is what it is. The Minister might have a different discretion to mine. It is the power of an individual in the moment to decide the rights and wrongs and to apply in a sensible, logical way a piece of legislation.

What has happened in the Limerick Garda division is the higher echelons of An Garda Síochána believe this to fall in the realm of abuse and corruption and they have launched a major investigation into it. Perhaps some of that is right and some of it is wrong. We need to move beyond this stage. When someone is pulled over, it should not matter who he or she is or how he or she ranks in public life, or in any respect. This is not about squaring off a road traffic offence for a county hurler, the monsignor or the local Deputy. This is about having reasonable discretion in a moment to decide where the rights and wrongs are. When this investigation got under way, some of the gardaí were straight out of Templemore. They had been in their lecture rooms and then they were on the beat and they were suddenly brought into a net of suspicion and involved in an investigation. Some 100 of them were brought in and questioned. The investigation remains unresolved. It has hampered career progression. There has been a cloud of suspicion over them. Many gardaí who wanted to transfer to their home area cannot do so because they are part of this investigation, which simply has not concluded. Their personal phones and laptops were taken from them. It has been damaging and harrowing to their families. Some of the gardaí were unable to speak to me when I contacted them, but I did speak with wives, husbands and partners who were able to tell me just how devastating this is. Some of them are on antidepressants.

If nothing else, in the public interest, I urge that the Minister would speak with Commissioner Harris and ask him to move the investigation on. I raised it with him at a joint policing committee in Clare at the turn of the year. He was limited in what he could say in that forum, but he did commit to moving this on. That is all we can ask for here today. We cannot ask for outcomes, but we ask that the investigation would be moved on. The public are disadvantaged. An Garda Síochána is disadvantaged. Am I over time or am I in my final minute?

4:47 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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It is not so much that the Deputy is over time, but that he is off the topic.

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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I think it is relevant.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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It is.

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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What Commissioner Harris has brought to An Garda Síochána is a different style of policing. He came from the PSNI which has a more robust form of policing: it is not policing by consent that we have had here for the past century. When the PSNI drives through a community, their vehicles are armoured and protected, which is not the case with An Garda Síochána, who tonight are out training local sports teams involved in the community. They rely on that community engagement to be able to solve crimes and gather evidence at times of need. I do not believe the model Commissioner Harris has tried to bring south of the Border has worked effectively. The situation I have outlined is a manifestation of this, where the heavy hammer has come down. Not only are we asking whether it is right or wrong, but we have suspended gardaí. We have 100 of them under investigation and it is not moving on. I plead with the Minister to do her best and to pick up the phone to the Commissioner tomorrow. Thank you for you forbearance, a Leas-Cheann Comhairle.

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I am very pleased to speak on this Bill today, which I welcome. It is an important update and a new approach to managing compensation claims. Last week, I was at the Dún Laoghaire Garda station for the centenary celebrations. A significant number of members and retired members were there, including those getting long-service awards. There was a fantastic exhibition of the history of An Garda Síochána which included the different artefacts they used over the period, including different uniforms and weapons that were in use. It was a moment to reflect on the history of An Garda Síochána and the bravery with which so many members have approached their work, going out every day in various circumstances in communities with additional difficulties into difficult places and difficult situations. It was a reminder to me of the important role An Garda Síochána plays in every community. I was very pleased to be there.

The Bill is an important statement of support for An Garda Síochána, its individual members and for the force as a whole. It is an important simplification of the injury management process and the compensation management process for injured members. It also deals with compensation for the families of deceased members and makes life easier for everybody. When somebody has suffered an injury of any kind in work there are so many additional difficulties such as hospital appointments, a new complexity to life, the management of physical pain and the psychological aspect of the injury. Anything that can be done by the State to make life easier for somebody who has incurred an injury in the course of serving the State must be done. This is an important step the Minister has brought forward.

In the context of a deceased member, it is an important and compassionate step to have made things more straightforward for the family. The legislation deals with the management of the compensation. Could a contemporaneous piece of work be done to provide psychological and emotional supports to people who have received injuries, in anticipation of the sort of additional psychological support some but not all might need? It is easy to anticipate that an injury is more complex than simply being physical. It would be a wonderful statement to proactively anticipate the mental health side of any injury and to put the arm around a member of An Garda Síochána who has suffered an injury and to anticipate that the injury may not just be physical.

This is an important year for An Garda Síochána, given the centenary. I started by looking back, but when I was in Dún Laoghaire last week I was thinking very much about the future of An Garda Síochána and the future of the developing State. I thought about it from two perspectives: first, the development of the State geographically and how much building there has been, essentially how many new towns are being developed. The Minister will forgive me for mentioning again the necessity for a Garda station at the developing town of Cherrywood, which has a population of 30,000 people. You will forgive me for raising this again, a Leas-Cheann Comhairle. I am aware of the pressure that will be placed on the area due to the population influx. It is also a developing State in terms of our understanding of mental injury in particular and psychological trauma. We understand that so much better and we are better at being able to anticipate that. We must be able to put the structures around mental illness and mental injury that can occur so easily through fear or an occasion of trauma. I refer, for example, to the potential exposure of some members of An Garda Síochána to child exploitation material. All of that is foreseeable and we can anticipate that such incidents might happen. We understand these things better all the time. I ask that they would be on the mind of the Minister's officials as well as we move through this process.

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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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.

4:57 pm

Photo of Cathal BerryCathal Berry (Kildare South, Independent)
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I thank the Minister her opening statement, which she delivered yesterday. I am delighted to be in the Chamber today to contribute to this important debate on the Garda Síochána (Compensation) Bill. I am very happy with this Bill and welcome it. I recognise it is probably long overdue. I am happy to support its passage through the Oireachtas.

I do so for the following reasons. First, I have no problem in saying that I am a big fan of An Garda Síochána. I recognise how difficult and dangerous the work is. For instance, when a scuffle breaks out, most normal people move away from the scene of the incident. Yet, we expect our gardaí to move forward, to intervene and to normalise the situation. Most normal people do not hang around with dangerous drug dealers or with organised criminals. Once again, we expect our gardaí to move forward, to intervene, to confront and to actively seek out these people. We need to recognise that it is a dangerous job. If we are tasking people to do a job, we need to resource them for it. The gardaí and their families need to be aware that we are in their corner when it comes to tackling crime and to safeguarding the public.

It is appropriate that we are discussing this topic this year, because the centenary celebrations of An Garda Síochána are taking place. An Garda Síochána has watched over this country for 100 years. It is important we have the appropriate resources and structures in place to look after them. One just has to look at the roll of honour and at the number of gardaí who have been killed in line of duty to recognise how difficult and dangerous their work is.

I also support this Bill for technical reasons. First, it streamlines, simplifies and speeds up the compensation process for gardaí. This is important. Crucially, from my perspective, the financial compensation will most likely now go almost exclusively to the victim. It will not be lost in layers of bureaucracy or with legal eagles down the tracks. It will go where it is intended to go, whether that is towards the victim or to the victim's family. That is a very important point to get across.

Second, I am a big fan of the Personal Injury Assessment Board. I recognise it is an imperfect organisation, but it simplifies the process, and it takes the adversarial component out of a court case. As Deputy Catherine Murphy quite rightly pointed out, it frees up the time for the courts for what they should be doing, rather than dealing with personal injury claims that are caused by malicious intent.

Everybody wins here. The taxpayer and the gardaí and their families win. The State also wins, because it simplifies the process immeasurably. There is a good sense of balance in the Bill. There are penalties in the Bill that are codified for a very small minority of people who would seek to embellish their injuries or to submit fraudulent claims. There are penalties included and that is important from a deterrent point of view.

I just have two questions for the Minister. I would be grateful if she could kindly address them in her closing remarks. I recognise the importance of the garda compensation pathway in the Bill. I understand there is a separate scheme for prison officers. The Irish Prison Service has a separate prison service tribunal. We are hearing anecdotally in the constituency office that the awards for compensation for prison officers are generally much less than they are for members of An Garda Síochána. I would be grateful if the Minister could look into that. Whether a person gets a broken nose or a stab wound, it does not matter what shade of blue they are wearing. If they are a prison officer or if they are a member of An Garda Síochána, the same amount of compensation should be relevant.

Could the Minister say whether she intends to upgrade the Irish Prison Service compensation pathway, as well as the pathway for An Garda Síochána? That information would be gratefully received by the prison officers.

Third, and perhaps the Minister might wish to liaise with her Cabinet colleague, the Minister for Defence, Deputy Coveney, on this, there are members of the Defence Forces who do not have any scheme at all like this. Would this be something the Government would be interested in pursuing or at least researching to see if would it be appropriate? Members of Defence Forces are abroad. They are interacting with rebel agencies, rebel groups, armed criminals and state agencies. Would it be something worth pursuing to take malicious injuries out of the court system and provide a much more streamlined pathway for them?

Before I hand over to Deputy Shanahan, I would like to say I welcome this Bill, I am happy to support it and I look forward to its swift implementation.

Photo of Matt ShanahanMatt Shanahan (Waterford, Independent)
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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.

5:07 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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In the short time available, I will say we support this legislation. It is very important. Gardaí play a crucial role in our society. That has been underlined even more by the support it offered to our communities during the Covid-19 pandemic, but the role it plays in tackling crime has always been apparent and is always something that is crucial. It carries with it enormous dangers and enormous risks. Countless gardaí are injured, often quite seriously, in the course of their duties. This happens while they are attempting to protect the rest of society from criminals and various dangers. It is vitally important we ensure they have confidence they will be supported in the same way they support our communities. It is vitally important they can be satisfied that if something happens to them in the course of discharging their duty of protecting the public, they will be appropriately compensated. That is right and proper and is something I agree with.

I support the points made by Deputy Berry on prison officers and the Defence Forces. It is vitally important people in those ranks are also properly compensated and supported in the event of any incident. There are issues that need to be addressed, in particular whether "malicious incident" is defined broadly enough to catch everyone who could be in that situation, including trainee gardaí. It is vitally important that is addressed. We expect gardaí to go out there and risk themselves physically to protect us from crime, to tackle some very violent and dangerous criminals and to put themselves in situations, whether those are domestic incidents or whatever, where there is significant risk to them. It is vitally important we ensure they are properly compensated. Therefore, we will support this legislation.

I am meeting with the chief superintendent in Cork in the coming days. One of the things we will discuss is Garda resources in Cork. It has been an ongoing frustration that Cork, despite the fact it is the second largest city in the State, has not got the kind of Garda resources some of the big urban centres have got. Some of our fast-growing areas are way behind in Garda numbers, including places such as Ballincollig, Douglas and Carrigaline. These are places that are growing rapidly but still have a Garda presence that reflects a time when they were little more than villages or small towns. I will address that with the Garda but I also request the Minister raises this matter with the Garda Commissioner at the next opportunity.

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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I welcome the introduction of the legislation that, as far as I can see, sets out to streamline the process of Garda compensation claims and, in effect, bring them in line with other litigation of a similar nature that goes through our courts. It also seeks to apply some of the improvements and efficiencies this Government has brought in for other similar areas to the process and streamline it in a similar way. It is a very welcome and commonsense provision. It is great to see the Government doing this and bringing it through.

I note the new PIAB guidelines adopted by the Judicial Council last year are now applicable to Garda claims, which makes eminent sense, because an injury in one walk of life, in effect, has the same impact on somebody's day-to-day operation and prospects etc. as an injury sustained in another walk of life. It makes perfect sense if the same guidelines were to apply. I note what is often called a cost deferential order will be applicable if a claim is initiated in a higher court than the court it is ultimately found to be merited in. If somebody brings a case in the High Court, when it is really a District or Circuit Court case, and incurs additional cost on both sides for doing so, the norm is that person is penalised for doing that, in the sense he or she would have that taken off the award ultimately. Again, it makes perfect sense and is designed to encourage people to litigate in the correct jurisdiction and correct court. That is already done in many other walks of life in the courts. Again, it makes sense to apply those rules here and they are in this legislation.

PIAB will have an increased role in the system. Rather than the historical authorisation granted for a Garda compensation claim, I understand PIAB will now process it in the same way as it processes any other personal injuries claim. Again, that makes perfect sense. I note if the assessment is accepted that will be taken on board, which avoids the need for litigation altogether. That is something that has worked quite well in the personal injuries sphere over the past 20 years and this legislation brings it in line with that.

While I am on this topic, I will look at the efforts of our Government colleague, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Troy, to reform PIAB further. The Minister of State is looking at making PIAB a quasi-judicial body analogous to the WRC, the Residential Tenancies Board, or some of those bodies that exist that process claims, where oral evidence is submitted and submissions made, but perhaps in a slightly less formal way than in a courtroom and certainly less expensive than a courtroom situation. I commend the Minister of State's efforts in that regard. He is experiencing resistance in some quarters but it is a good idea and maybe something that could be looked at in this context. That would be another way to take some of the cost out of personal injury claims since some of these will also be coming into this process.

I also note that the State Claims Agency will now be nominated as the official liaison, or the driver, of these claims from a State point of view. Again, it makes perfect sense. That would be the norm with all other litigation against the State, that is, that the State Claims Agency would take carriage of those, rather than the Minister or the Commissioner or somebody being empowered to do so. There may be historical anomalies that are being tidied up in this and it is bringing it into line.

As many speakers have, I want to salute the work members of the Garda do in terms of putting themselves in harm's way and going into the community. They are very much rooted in the community. We have largely an unarmed force that derives its defence from the respect it enjoys among the population, by and large. They are unarmed, as has been said. They put themselves in harm’s way for our protection, which is something we cannot take for granted. We must respect the role they play.

The 2020 report told us 200 gardaí were injured in the line of duty. In 2021, it appeared to be 243, so there was an increase last year. That is 243 too many and 200 too many the year before. Unfortunately, this is a pattern. In a way, it goes with the territory, which is not to in any way excuse it or play it down. They are people who for the greater good and to serve the public, the State and this Republic put themselves in harm’s way to defend all of us. We enjoy the protection they grant us. I commend and salute the force for that.

While it is just and right that any member of the Garda who is injured in the line of duty should be eligible for compensation, is there an argument for extending that to other areas? I refer to people such as prison officers, who have been mentioned, and the Criminal Assets Bureau, CAB, officers. There is the concept of authorised officers in much legislation where people may be involved in law enforcement-type activities that may be outside of the scope of this legislation as it is currently constituted. Perhaps they could be brought back in.

However, I would even go outside the traditional law enforcement bodies. What about teachers, for example? Teachers in a classroom can come up against harm, be that physical or psychological. Unfortunately, it happens. Those experiences are there. There are people in other emergency services, be it ambulance personnel, hospital porters, those in the fire service and in many other areas who put themselves in the firing line in the line of duty. They are not covered by this Bill and I am not sure whether they are covered by any legislation. Without in any way taking from the fine work our Garda do, I wonder why there is a special process for Garda that does not exist for teachers, those in fire services and other emergency personnel. Even in this House, there have been many reports of constituency offices coming under threat. I am thinking of staff in our constituency offices who man the front lines every day, some of whom have been threatened. Thankfully, none have been assaulted to date, touch wood. There are people in many walks of life who serve the public by making themselves available and could face harm doing so. Should we look at broadening this device? If we are going to have a scheme, perhaps it should be a little bit wider. I ask the Minister to consider that.

It would be remiss of me, as others have done, not to mention the situation in my county, County Kildare. Unfortunately, for a long time, it had the dubious distinction of having the fewest number of Garda members per capitain the country in terms of the number of personnel serving in Kildare. We have, thankfully, received additional recruits. However, we need that sort of stellar leap. In terms of the pro ratanumber every other county gets, we are still behind. We were traditionally resourced as a sort of outpost of Dublin. There were a couple of rural barracks back in the day of Robert Peel and beyond. We are now very much in the greater Dublin area with possibly the third highest population of any county. We are very much a built-up urban conglomerate, but we have not had that injection of resources to match that in terms of the demographics and population. I know it is an operational issue for the Garda Commissioner, but I would ask the Minister to take note of that. In any discussions where it might arise, it is something I continually beat the drum on.

5:17 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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We welcome the Garda Síochána (Compensation) Bill, which seeks to reduce costs in the administration of Garda compensation claims by having claims assessed by the Personal Injuries Assessment Board, PIAB, rather than the High Court. Under the revised scheme, an injured member of the force will make an application to the Garda Commissioner, who will then cause a report to be prepared. Where the report concludes that an applicant was injured as a result of a malicious incident, the report will be sent to the PIAB. Under the current Garda compensation scheme, applications are made to the Minister for Justice for an initial assessment. Trainee gardaí who are currently excluded will be eligible for compensation under the new scheme. This is very welcome, because previously they were excluded. Under the current legislation, applications for compensation must be made to the High Court regardless of the amount in damages being sought. This has led to delay and high costs for both the applicant-claimant and the State. It is proposed that the PIAB will assess claims using a quantum. Legal representation is not required but can be used for applications to the PIAB. Where a claimant is not happy with the proposed award, he or she may apply to the courts. This Bill will allow applications to be made in the appropriate court, whether it be High Court, Circuit Court or District Court. It is envisaged that using the PIAB as an assessor of compensation will mean fewer cases progressing to the courts. This will lead to a reduction in legal costs.

The total amount of awards that were paid out under the current scheme between 2016 and June 2021 was €26.1 million. The actual legal fees paid out amounted to the staggering figure of almost €10 million - €9.96 million. It is hard to believe that. The legal costs incurred in proceedings regularly exceeded the amount of damages actually awarded. Therefore, we welcome this Bill and it is imperative that it be brought into operation as quickly as possible, because the current legislation is well past its sell-by date and has many defects in it.

We welcome the fact that this Bill provides 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. The court scheme favours the legal profession as much or more than the members of the Garda that 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 where 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.

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

Photo of Richard O'DonoghueRichard O'Donoghue (Limerick County, Independent)
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I welcome any Bill that will streamline costs for this State and avoid unnecessary High Court action. Instead, these injury claims will be assessed by the Personal Injury Assessment Board and can be now heard in a separate court or a District Court. Claims that have been paid from 2016 to 2021 amounted to €26.4 million. However, the legal bill was €9.96 million. I understand that in some cases the legal fees exceeded the amount in damages actually awarded.

I am sure that this could not continue. Unquestionably, any gardaí who have been injured in the line of duty would agree that it is not in their best interests to experience extensive delays in settling their claims.

Another important aspect of this Bill is the transparency and standardisation it will bring about for claimants, which is to be welcomed. How many of these injuries were incurred because of the lack of extra personnel and proper equipment, vehicles and stations? This is evident across the country in stations like Croom, Kilmallock and Newcastle West, where we are still waiting on our Garda station. Is there any update on when we will get the Garda station in Newcastle West? The main Garda station in Newcastle West, with over 4,000 people, has been closed and has not been reopened or rebuilt yet. Where is it? When will the Government finally give adequate services to the Garda in County Limerick? When will the Government put people into Garda stations that have to cover a large area in square miles? The Government is doing it by head of population but if a garda is called out to a scene from a Garda station in County Limerick it can take up to 30 minutes to get there, and that is if a Garda vehicle is available. A garda called out to two incidents cannot make two out of himself or herself so we need extra Garda resources in County Limerick because of the amount of square miles that our Garda stations are covering. We need a proper headquarters and I have asked the Minister earlier when we will get this. The Government has money to throw at everything else in this country. It can provide money to developers but it has no money to give to An Garda Síochána, our fire service, our prison officers and all our front-line workers. Again, that is all city-based money that is being provided. What about the protection of the people in rural areas and small towns and villages in County Limerick?

I had an incident two weeks ago - thanks be to God the Passport Office intervened - when a person put their local Garda station on their application and the Passport Office rang the Garda station three times and they could not get through to a garda. Why was that? It was because there was only one garda at that station and he or she had been called out to incidents in the area. We are wondering why we have gardaí who could get injured in the line of duty. It is because they do not have adequate personnel, equipment or cars and that is what we want. When is my headquarters coming and when will we get adequate numbers of gardaí in County Limerick in all its towns and villages? The Government has the buildings and every time I turn around I hear the Government say it is awash with money and all I am hearing is Minister after Minister telling me that his or her Department has loads of money. The Minister for Social Protection and for Rural and Community Development, Deputy Humphreys, came to Limerick recently and all she kept saying was that they have loads of money in her Department. Why does the Government not have loads of money to invest in An Garda Síochána all around the country, not only in Limerick, and to give adequate services to the people, the taxpayers, the elderly and everyone who has done their bit for this country? When will the Government start investing in that? All the new recruits seem to be put into Dublin and highly populated areas and the Government is leaving the people in the rest of the country vulnerable by not investing. It is all about numbers for the Government and that is all it will look at but a lot of square miles need to be looked at in County Limerick.

5:27 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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I welcome the Garda Síochána (Compensation) Bill 2021. It is only right and proper that we streamline and make more straightforward the issue of gardaí who are genuinely injured in the course of duty receiving adequate compensation. They might be out of work, have loss of earnings or future earnings or have pain and suffering from an injury and it is only right that we streamline the process of dealing with their claims.

It would be neglectful if, in the course of this debate, we did not recognise our fallen gardaí, both men and women, who went about their day's work in an ordinary and honest fashion and who, during the course of that day or night, lost their lives. These people gave their lives to the protection of the people or property of the State and gave their lives to the job. It is most important that we recognise that fact tonight and that we do so in a respectful manner. We should remember the families of those bereaved people so well. I mention people who were injured, who had life altering injuries, who might not have been able to go back to work again and who finished up badly injured because of the job. That can happen a person working on a building site, in forestry or anywhere but we have to take into consideration these men and women who take upon themselves a serious and onerous job and from one second to the next they do not know what they will have to face. It can be any type of awful and harrowing situation like traffic accidents or serious and organised crime. They come across all different types of things in their day-to-day duties but we have to recognise that while other people would steer away from harm, members of the Garda have to go into harm's way.

I want to speak about the Garda in County Kerry and the service it gives. I know the Minister appreciates the work people do everywhere and in recognising the good work the Garda in Kerry is doing I respectfully ask the Minster to ensure she resources it properly. The one way we can ensure gardaí are safe is to provide them with the machinery they need to do their jobs, whether that is their accommodation where their Garda stations are or the facilities, technology, vehicles and people power they have to deal with situations. We must make sure there are enough people on duty with adequate numbers. I readily acknowledge that a lot has been done in that regard in recent years and that the recruitment is ongoing. I appreciate that because we always have to account for retirements and ill gardaí who need to be replaced to keep the workforce up at a proper level. I want to talk about places like south Kerry, including the Iveragh Peninsula, which is a long commuting distance from the town of Killarney. Whether it is superintendents, chief superintendents or sergeants, we have to ensure we have enough of a hierarchy in those locations and that we adequately resource them to ensure that law and order can be maintained and that people can feel safe.

We have a drug problem in Ireland that is running rampant and that causes awful problems for the Garda, and not just in our towns but in smaller areas also. In trying to steer young people away from getting involved in drugs or crime, we need to have a good and strong Garda presence.

I want to remember fondly gardaí who have retired, who were great characters and who did great work in our communities. They were community-based gardaí and they were friends with everybody and at the same time there was a respect for them and the role they carried out.

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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I welcome the progress this Bill has made, especially as it is primarily concerned with providing a new compensation scheme to repeal and replace the current expensive and slow approach that has not been fit for purpose for some time. It is clear from experience that the legitimate claims of members of An Garda Síochána were not being addressed in a fair and timely manner. We know, for example, that the current Acts make a distinction between the injuries of a minor and a non-minor nature.

The Bill before us removes this distinction and ensures that all injuries inflicted as a result of a malicious incident are covered by the new scheme. Of course, the vast majority of gardaí go about their business without being subjected to assault or attacks of a very serious nature. However, in 2019, for example, 723 incidents of various types of assault on gardaí were recorded. This rose very slightly to 725 in 2020.

The job is not an easy one and it often ends up involving the need for a great level of restraint and training. Gardaí are not only enforcers of the peace but increasingly they also act in a limited way as first responders to very serious mental health incidents. Information supplied to me earlier this year following a number of parliamentary questions I submitted revealed that from 2018 to 2022 members of the Garda had to intervene and detain people under the Mental Health Act 2001 almost 15,000 times. That is an astonishing number of interventions.

I also specifically asked the Minister for the number of Garda interventions involving persons self-harming or harming others due to mental illness over the course of that period of time. Garda authorities confirmed to me that in 2018 alone, 4,002 incidents were recorded on the PULSE system under the "Mental Act detained under" category and that this rose to 4,816 incidents in 2019. In 2020 this figure has had risen substantially to 5,757 incidents. In the reply to the parliamentary question the Minister further indicated to me that Garda authorities had informed her that training with regard to dealing with persons facing mental health emergencies is also given to armed support units during their basic training. This includes a detailed course on dealing with hostage barricade suicide incidents, the vast majority of which according to the Garda involve people experiencing mental health emergencies.

This should make it clear to all that gardaí are often placed in situations that may give rise to attack but not all of which are malicious. Some may be due to having to respond to a serious mental health incident. These numbers indicate that there is an overwhelming gap in preventive mental health supports that have developed over the lifetime of successive governments. Garda members, while empathetic and dedicated, are not mental health professionals. Their primary duty is to enforce the law and protect the communities that they serve. Increasingly, however, they are finding themselves on the sharp end of having to intervene in incidents which have only developed because of a lack of services, in this case a lack of mental health services.

They may find themselves being heavily criticised for what are essentially problems not of their making. This entire situation is grossly unfair not only to Garda members but more importantly to the many thousands of vulnerable mentally ill people who risk being criminalised because they do not receive the kind of support they need. In this context, it is only right and proper that any garda who faces assault or injuries with malicious intent should have recourse open to them and indeed to their families if the worst-case scenario arises.

Section 8(2) of the Bill deals with this and other related matters. That is very welcome but particularly the provision within that subsection which outlines in detail the person or persons who may take an application for compensation under the Bill. In the case of death, for example, the dependants of the member of former member, including a spouse or civil partner, a child or stepchild, a parent or grandparent, or a brother, sister, half-brother or half-sister, may make a claim for compensation once they were wholly or partly dependent on the deceased person and have suffered a loss as a result of death. That is significant as it accepts and protects the reality that the family members of gardaí are disproportionately exposed to the loss of their loved one because of the nature of their work.

5:37 pm

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)
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I welcome the opportunity to examine the Garda Síochána (Compensation) Bill 2021. I thank the Minister and her officials for bringing the legislation before the House. I will be supporting this Bill which will bring Garda compensation claims within the Personal Injuries Assessment Board, PIAB, process.

The Bill is aimed at decreasing the length of time it takes for disposing of a Garda compensation claim from initial application to award by providing for clear time limits for each stage of the process. The new process is also aimed at ensuring that avenues for settlement and resolution are available at the earliest possible stage. Where cases end up before the courts, they can be dealt with at the appropriate level, not necessarily the High Court, which can speed up the process and reduce legal costs. Hopefully the Bill will simplify the system for gardaí who suffer an injury during the course of their duty.

I want to use this occasion to pay tribute to gardaí for the work they do not only across the country, but in each individual community, particularly in my constituency of Dún Laoghaire where I recently had the pleasure of joining serving and retired gardaí and their families at events in Shankill and Dún Laoghaire Garda stations to mark the beginning of the centenary year of the first Civic Guards coming to Dún Laoghaire. Of course, the first policing presence in the area was established in 1836 with the founding of the Dublin Metropolitan Police, DMP, force. The first DMP officers in Dún Laoghaire were based at a facility on Cumberland Street, before moving to 100 Upper George’s Street in 1839. The police presence at 100 Upper George’s Street continued for over 150 years, when the Garda moved to its current station on Corrig Avenue in 1992. Over the years, hundreds of gardaí have served with distinction in the area.

At last week's commemoration, we remembered the 83 fallen gardaí who made the ultimate sacrifice. We also remembered their colleagues who were severely injured in the course of carrying out their duties. Last week I had the great pleasure to meet the senior surviving garda from the old Dún Laoghaire station, Murt Gleeson, along with other former members who provided outstanding service to the community over the years including retired inspector Pat Neill and soon to be retired Detective Superintendent Martin Creighton and others.

As we enter a very sensitive period of commemorations, I thank the Garda centenary committee in Dún Laoghaire for their efforts, led by Inspector Adrian Kelly, Garda John Paul Durkan, Garda David L’Estrange, Garda Caroline Sheridan, Garda Gemma Conway, Detective Garda Jim Mulligan and reserve Garda Kieran Browne, along with retired members, Eamon Hession, Angeline Conefry and of course Ed Ryan who did so much work researching the history of the Garda Síochána in Dún Laoghaire and Shankill. There will be other commemorations at Blackrock and other Garda stations, to mark the fantastic work done by gardaí over the past 100 years.

As move to the second century of the Garda Síochána in Dún Laoghaire, I ask the Minister to raise the issue of facilities in the area with the Garda Commissioner. This has been discussed previously and considered by Garda headquarters in Phoenix Park. There has been exceptional population growth along the Luas green line, particularly from Carrickmines to Sandyford. It is estimated that almost 30,000 new residents will soon be living in this area. A new Garda station at Cherrywood is badly needed and I know it is open for consideration. So too is the need for a more modern station. The station in Dún Laoghaire was built in the 1990s. Given the increasing demographic in the area, it also needs modernisation. I hope the Minister will take that back to discuss with the Commissioner.

I thank the Minister for staying for the full debate and listening to the views and considerations of Members. I hope all Members across the House will support this important legislation. It is not only important for the Garda but also important for the State.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The Independent Group has gifted the next slot to the Rural Independent Group.

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
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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.

5:47 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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Gabhaim buíochas le Teachtaí Connolly agus Pringle for giving us their time slot. I certainly welcome this legislation and I hope its passage is not impeded in any way, shape or form. It is a ridiculous situation that gardaí are going into the line of duty and as much, if not more, is paid to legal firms as is paid in compensation to those who deserve it. I condemn out of hand the incident some time ago in the Border area where a garda was lured down a bóithrín on his own and got an awful experience from thugs, which is all they can be called.

I saw a news report of a case where intruders or robbers broke into a house in Wexford. They found out in the course of the robbery that a garda owned the house and went out of their way to damage and destroy the house. There is no place for that kind of thuggery or for attacking or undermining the Garda. The vast majority of gardaí I have ever dealt with have been impeccable. They work to serve their communities and the people without fear or favour.

I pay tribute to Sergeant Ray Moloney who has been a considerable addition to the Cahir-Cashel district in recent years. He has now been transferred. We had a lovely function last Sunday, organised by the community, in the Cahir House Hotel, Cathair Dún Iascaigh. It was a nice tribute to Sergeant Moloney for the work he did in community policing. He was assisted by Garda Jenny Gough, Garda Noel Glavin and many others, including Garda Judy Davern and others. We need that sergeant replaced. We are getting two replacements but we need one in the community. No police force in the world can police without the support of the public. That support must be nurtured, minded and taught through, for example, visits to schools. The late Sergeant Niall O'Halloran was an awful loss to our community. He used to visit the schools and bring pupils in fifth and sixth class to Templemore to encourage them to choose a career in the Garda. He was taken from his wife, son and family at a very young age through illness. As I said, he is an enormous loss. I wish Sergeant Moloney well. We want strength in our numbers of community gardaí.

We also need a new Garda station in Clonmel. I believe the Minister is coming to Clonmel amárach. She is coming to Tipperary anyway. Several Ministers and taoisigh have seen that Clonmel Garda station is Dickensian. It is in a desperate condition. The matter has been raised for nigh on 50 years, if not more. It was raised as an issue long before I ever thought about politics. The Minister will see for herself if she visits it that the Garda station is not suitable as a functioning Garda station. The building is owned by the county council but it is leased and it is not practical. We have been packaged and bundled with different towns around the country. Some of them have fallen out of the package but we are still in a bundle of three. Now, for some strange, bizarre and unknown reason, we have been linked in with a court building project. I do not have much experience of it but I know that the people who build Garda stations under the contracts involved have a specific skill set. Court buildings are different and putting two or three Garda stations into a bundle with courts buildings is nonsense. It is a delaying tactic or a stalking horse, as far as I am concerned. Those buildings have wholly different functionality. Their ambience and appearance are different. Everything is different. I would love to see the three Garda stations being allowed to progress. We have the site, which we did not have for years. We have planning permission. The site is that of the old Army barracks. We need the go-ahead. We cannot be tying it up any more with delays.

Gardaí get injured in the line of duty. They face all kinds of situations. When they get a 999 call or any kind of distress call, they do not know what they are going to find when they arrive on the scene. We need numbers. We need them in Clonmel and Carrick-on-Suir. There were never fewer numbers in the Cahir district. We need gardaí.

We are also in danger because of the new plan to appoint fewer superintendents and one chief for two counties. We have an excellent chief superintendent in Derek Smart in Cashel. He is doing a great job. The next chief will probably have to cover Clare and Thiobraid Árann. One would have to go through Limerick to get to Clare. It is bizarre. It could take you two hours to travel from one part of the region to the other. That is not tenable. I ask the Minister to review that situation because it is penny-pinching that does not serve the people. The Garda is there to serve the people and gardaí do serve the people. They want to serve the people but they must be supported to do so. Ní neart go cur le chéile is what I say. No police force can perform its duties without the support of the public. Mol an óige agus tiocfaidh sí. Mol na daoine and tiocfaidh siad freisin.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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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.

Debate adjourned.