Gerry Horkan (Fianna Fail)
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This is a Seanad Bill which has been amended by the Dáil. In accordance with Standing Order 148, it is deemed to have passed its First, Second and Third Stages in the Seanad and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purpose of the amendments made by the Dáil. This is looked upon as the report of the Dáil amendments to the Seanad. For the convenience of Senators, I have arranged for the printing and circulation to them of those two amendments.

The Minister will deal with the subject matter of the amendments, which are grouped together for the purposes of debate. I remind Senators that the only matters that may be discussed are the amendments made by the Dáil.

James Browne (Wexford, Fianna Fail)
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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.

Michael McDowell (Independent)
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There is just one point I would like to make. We had a discussion about civilian employees of An Garda Síochána and I do not know what happened with regard to that.

James Browne (Wexford, Fianna Fail)
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The view was taken that they would not be part of this scheme because they are not on the front line. Nonetheless, considering the increased civilianisation, it will be looked at. However, because of existing schemes for civil servants - the occupational injuries scheme and ex gratiapayments scheme - it would be very complicated and would slow up this Bill significantly. I give an undertaking to look at it but not in the context of this Bill.

Michael McDowell (Independent)
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The time will come when somebody throws a petrol bomb into a Garda station and a young Garda and two typists get injured. The Garda will get compensation but the two typists will get nothing. That is not right.

Gerry Horkan (Fianna Fail)
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The point is well made. The Minister of State has committed to reflect on that situation.

Gerry Horkan (Fianna Fail)
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When is it proposed to take Fifth Stage?

Barry Ward (Fine Gael)
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Now.

Gerry Horkan (Fianna Fail)
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Is that agreed? Agreed.