Paul Gavan (Sinn Fein) | Oireachtas source

I welcome the Minister of State. Sinn Féin will support this Bill, which repeals and replaces the Garda Síochána (Compensation) Acts 1941 and 1945, which are the basis for dealing with Garda compensation claims. The main aim of the Bill is to provide a new compensation scheme for malicious injuries, including fatal injury inflicted upon gardaí in the course of their duties. I acknowledge that it is designed to make the claims process easier and, we hope, quicker for those who need to use it. It will be less expensive for the State while maintaining the parameters of the right to compensation for gardaí or their dependants.It also seeks to ensure that settlement and resolution of claims can be reached earlier in the process. The present compensation scheme allows for an injured member, or in the case of death their specified dependents, to make an application to the Minister for authorisation to apply to the High Court for compensation. Most actions proceed on a no-fault basis and both parties require legal representation in the High Court. The costs arising from this are borne entirely by the State.

This Bill provides for an application to be made to the Garda Commissioner, who appoints a reporting officer to determine if the applicant is eligible under the Bill and whether the injury is a result of a malicious incident. If the report confirms it is malicious, an application is made to the Personal Injuries Assessment Board, PIAB, by the Commissioner. When an assessment is made by PIAB, it can be accepted or rejected by either party. Where it is rejected, PIAB will issue an authorisation to the applicant to lodge court proceedings. While in the past the State took full responsibility for court costs, this changes with this Bill and the applicant may have to cover legal costs. That is where there are concerns about the Bill. If the Garda Commissioner makes the application on behalf of the Garda member and the claim is managed by the State Claims Agency, it could result in the member feeling powerless or distanced in the initial application stage. I hope that is not how it will transpire for most claimants but it is a concern. They can reject the PIAB assessment if they do not agree with it, but they will then have to pay the legal fees to pursue the application further.

We have to consider that claimants may not feel comfortable engaging with the system and would prefer to engage with a solicitor and go through the courts. Many solicitors say this is because claims are complex and cannot be detailed accurately through PIAB, and this may also be true for members of the Garda when a malicious incident affects their ability to return to work or leads to circumstances deemed too complex to be dealt with by PIAB. Due to their day-to-day work, gardaí are vulnerable to being injured in road collisions or while helping the public, or to being targeted because of their work. The State needs to be prepared to support gardaí.

I acknowledge that saving money and speeding up the compensation system are important, but they should not be the only guiding factors when it comes to assisting injured members of An Garda Síochána. However, we will support the Bill as we appreciate what is trying to be achieved. It has been a constructive debate so far and I was struck by the points made by Senators Ward and McDowell. We look forward to further debate and perhaps some amendments on Committee Stage.