Dáil Éireann debate -
Thursday, 15 Oct 1992

Vol. 423 No. 6

Written Answers. - Criminal Injury Compensation.

Mervyn Taylor

Question:

38 Mr. Taylor asked the Minister for Justice if he will make a statement on the extent to which prison officers and members of An Garda Síochána can at present obtain compensation for pain and suffering as a result of injuries criminally inflicted; whether any other persons have a similar right; whether he has proposals on the matter; and if he will make a statement on the matter.

Minister for Justice (Mr. Flynn)

Under the terms of the scheme of compensation for personal injuries criminally inflicted on prison officers, which was introduced in 1990 and made retrospective to cover injuries sustained from 1 April 1986, members of the Prison Service may claim compensation for pain and suffering arising from injuries criminally inflicted. The extent to which they can obtain that compensation is a matter for the Criminal Injuries Compensation Tribunal.

In regard to members of an Garda Síochána, the Garda Síochána (Compenstion) Acts, 1941 and 1945, which apply to members of the Force only, provide,inter alia, that members of an Garda Síochána who suffer injury, maliciously inflicted on them in the course of or in relation to the performance by them of their duties as members of An Garda Síochána, may apply, with the authorisation of the Minister for Justice, to the High Court for compensation.

The High Court, in assessing compensation, shall have regard to the pain and suffering occasioned by the injuries to the applicant. Compensation for pain and suffering is not available under the general scheme of compensation for personal injuries criminally inflicted.