Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 112: To ask the Minister for Justice, Equality and Law Reform the status of the Garda Compensation Tribunal; and if he will make a statement on the matter. [9053/08]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 137: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that members of An Garda Síochána are being refused leave to take compensation claims to the High Court by staff at his Department because their injuries are not deemed to be serious enough; and if he will make a statement on the matter. [9054/08]

Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 170: To ask the Minister for Justice, Equality and Law Reform the number of applications by Gardaí for compensation each year during the past five years; the number of applications awaiting decisions; the number of applications that were successful; the number refused; and if he will make a statement on the matter. [9055/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 112, 137 and 170 together.

Gardaí who sustained injuries maliciously inflicted upon them in the performance of their duties are entitled in accordance with the Garda Síochána (Compensation) Acts 1941 and 1945 to apply for an authorisation from my Department to seek compensation in the High Court. Section 6(1) of the Garda Síochána (Compensation) Act 1941 obliges me, as the Minister for Justice, Equality and Law Reform, to refuse to authorise an application for compensation to the High Court where I am of opinion that the injury is of a minor character and was sustained in the performance of a duty not involving special risk. This assessment is discharged by my staff and is informed by medical reports and previous Court judgments in Garda Compensation Act cases.

The numbers of Garda compensation claims received for the years 2003 to 2007 are set out in the table below:

During that period I authorised 771 cases and I refused 299. It is my practice never to refuse a case on the grounds that it is minor without giving the applicant a further opportunity to make representations. The number of compensation claims that are currently outstanding is 1,245.

I intend to bring legislative proposals to Government in the near future with the objective of establishing a Garda Compensation Tribunal which will deal with both minor and non minor injuries.