James Browne (Wexford, Fianna Fail) | Oireachtas source

Before addressing the amendments, I will briefly address another issue raised in both Houses, namely, the reason this scheme was not extended to civilian staff of An Garda Síochána. Civilian staff are not included under the current provisions of the Acts 1941 to 1945, nor were they included in the provisions of this Bill. This was due to the fact that they are not engaged in front-line policing, which carries an increased risk of injury or death. However, with the increased civilianisation of certain Garda functions comes the potential for them to be maliciously injured.

When the point was raised in this House, I agreed that I would discuss the matter with the Minister to see what could be done. An extension of the scheme was discussed and examined with stakeholders, including the Department of Public Expenditure and Reform. However, such an extension would not have been clear-cut due to the status of civilian staff as civil servants and the existing schemes and supports that already apply to them.

Ex gratiapayments can be made to civil servants in the event of an assault. Civil servants are also covered by the occupational injuries scheme and there are benefits in this context available to them. One of the main concerns related to the interaction that would occur with these existing schemes. This had the potential to delay the passage of the Bill quite significantly and I think we all agree reform is needed in Garda compensation claims. As I mentioned on Committee Stage in the Dáil, this can be re-examined in the context of another Bill once the new compensation scheme has commenced. I thank Senators and Deputies for raising this question in both Houses.

There are two technical amendments that relate to sections 11 and 16(2)(c). The amendments will remove the requirement for the form of the application for initial assessment and the form for review to be prescribed by way of regulation, while retaining the need to publish the form electronically. The application form to the Garda Commissioner and the application form to the Personal Injuries Assessment Board, PIAB, must align. As the application form to PIAB may change slightly from time to time, the application form to the Garda Commissioner would then have to be adjusted. It is, therefore, more straightforward to set out that the Garda Commissioner will determine the form of the application. This change is also in line with the removal of the administration of the scheme from the Minister.