Vol. 429 No. 3
10 Proinsias De Rossa asked the Minister for Defence if his Department has concluded its consideration of the proposal made by the Gleeson Report that there may be a case for extending to the Defence Forces the same limited occupational injuries cover as applies to members of the Garda Síochána; and if he will make a statement on the matter.
As a result of its examination of the superannuation arrangements for the Defence Forces, the Gleeson Commission concluded that the overall value of the benefits provided for the Defence Forces is considerably in excess of those available under other public service schemes. Apart from one recommendation which involved reckoning military service allowance for pension purposes and which has been implemented, the Commission considered that changes in the superannuation arrangements should be introduced only in the context of a fundamental revision of the Defence Forces pension schemes.
The Commission recognised that such a revision would be a task of considerable technical complexity. Because of this the revision will be a long term project and the question of applying to the Defence Forces the limited occupational injuries cover which applies to members of the Garda Síochána will be considered in the context of this revision.
The Garda Compensation Acts cover only injuries maliciously inflicted on a member of the Garda Síochána in the course of his duty. Cover for accidental injuries sustained in the course of duty is provided under the Social Welfare occupational injuries scheme. In contrast, the Army Pensions Acts make provision for all injuries sustained in the course of duty by members of the Defence Forces, whether sustained accidentally or maliciously inflicted.
My understanding is that there is no system of compensation for members of the Defence Forces who suffer from non-lethal accidents and that in order to obtain compensation for serious injury they must take their case to court. Can the Minister indicate whether my understanding is correct and, if so, does he propose to change it?
When the Deputy mentions non-lethal——
My understanding is that where a person dies as a result of an accident or as a result of being on active service abroad the families are compensated, but that if they are injured——
Is it under the civil law?
No, but under the pensions scheme. I understand that where the accident or injury does not result in death they must seek compensation through the courts.
Yes.
Would it not be better, and perhaps less expensive on the State, to have a system which would not require them to proceed in that way?
This is a matter which will be examined in the context of the revision being carried out arising from the question tabled by the Deputy and my reply thereto. I will certainly have a look at it and I promise to inform the Deputy of the full facts. If I am incorrect in my answer I will respond to the Deputy in kind.
I thank the Minister.
Question No. 11 please.
