Seanad debates

Tuesday, 22 March 2022

Garda Síochána (Compensation) Bill 2021: Second Stage

 

2:30 pm

Photo of Gerry HorkanGerry Horkan (Fianna Fail) | Oireachtas source

I am not going to repeat everything in the Minister of State's speech and the briefing notes, given he has already very well articulated the purpose of this Bill. As a party, Fianna Fáil, the party of Government, supports this Government legislation which is effectively bringing Garda compensation claims within the remit of the Personal Injuries Assessment Board, PIAB. As a former member of the finance committee, which often discussed the cost of insurance, I know much of the cost of the process was not about what the person due the compensation was getting and much of it was caught up in administrative costs, legal fees and so on. I accept that if some people are members of the legal profession and they were making good money out of this, perhaps they might not be overly impressed with some of this legislation. However, from a State perspective and from an applicant’s perspective, anything that ensures those who are putting forward their claims can do it in a more efficient and timely way - and in a way that gets them their compensation more quickly as they are entitled to - and also streamlines the process on behalf of the State, is positive.

The Bill is aimed at decreasing the length of time it takes to dispose of a Garda compensation claim from initial application to award by providing for clear time limits in regard to each stage of the process. The new process is aimed at ensuring that avenues for a 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 where the amounts claimed in compensation could be awarded by a lower court. Provisions in regard to legal costs penalties for failure to settle or for choosing the wrong level of court will now apply to Garda compensation claims in the same way that they apply to other personal injuries schemes.

I welcome this legislation. There was a commitment that this would be done. In his speech, the Minister of State gave a very good summary of the legislation in his last few paragraphs. It is about updating the current process to streamline applications. It overhauls the process while retaining the parameters of the current Acts to ensure those that can apply and the criteria for consideration of assessments remain.

I say this as somebody whose grandfather was a member of the An Garda Síochána for a very long time - almost all of his career. I certainly want to see people who are injured and who have a legitimate claim get the compensation they are entitled to in a quick and fair manner, and that they are not dragged through a long, drawn-out process when that does not need to be the case. The reason there is a compensation claim in the first place was because there was some level of injury and those people have already suffered enough. Let us make sure they get what they are entitled to more quickly and efficiently, and that we do not end up having a lot of unnecessary legal costs and unnecessary time spent in delay to get what they are entitled to. I commend this Bill to the House.

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