The Garda Síochána (Compensation) Acts 1941 and 1945 provide for a scheme of compensation for members of the Garda Síochána who are maliciously injured in the course of their duty or in relation to the performance of their duties as members of the Garda Síochána and for the dependants of members who have died from injuries maliciously inflicted on them.
In accordance with the provisions of section 6 of the 1941 Act, a member of the Garda Síochána who has been maliciously injured may sue the State only by an authorisation issued by the Minister for Justice, Equality and Law Reform. The processing of an entitlement to compensation under the Acts commences upon receipt of an application signed by the member. Under section 5(b) of the 1941 Act, the statutory time allowable for receipt of the application is three months.
Upon receipt of a correctly completed application, correspondence issues immediately to the member or to the member's solicitor requesting that all medical reports relating to the injury are forwarded to the compensation section of Garda headquarters. At the same time, a written request is made to the Garda Commissioner for a report on the circumstances under which the injury suffered by the member was sustained and for a medical report from the Garda chief medical officer regarding his examination of the member.
I have been informed by the Garda Commissioner that before the chief medical officer prepares his report, consideration is first given to all medical reports relating to the treatment received by the applicant member. Upon receipt of all medical reports, including a final prognosis in relation to the injury, an appointment is arranged for the applicant member to be medically examined by the chief medical officer in order that a comprehensive report can be formulated. Before deciding if an applicant should be authorised to apply to the High Court for compensation in respect of the injury, the practice has been for the Minister to consider all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda chief medical officer.
The whole process of progressing an application for compensation from the date of its receipt to the date it is authorised may take a considerable period of time. Information on an average time is not readily available, and indeed it would be difficult to calculate a meaningful average, given the variations in the processing of each case.