Dáil Éireann díospóireacht -
Tuesday, 23 May 1995

Vol. 453 No. 3

Written Answers. - Garda Síochána Compensation.

Jim O'Keeffe

Ceist:

152 Mr. J. O'Keeffe asked the Minister for Justice the reason medical reports from the claimant garda are not accepted as sufficient to permit the Minister to give her imprimatur to the initiation of proceedings by the claimant garda under the Garda Síochána Compensation Acts. [9394/95]

Jim O'Keeffe

Ceist:

153 Mr. J. O'Keeffe asked the Minister for Justice whether she will consider a review and updating of the Garda Síochána Compensation Acts, 1941 and 1945; and if she will establish a procedure to enable minor claims to be disposed of without expensive recourse to the High Court. [9395/95]

Jim O'Keeffe

Ceist:

154 Mr. J. O'Keeffe asked the Minister for Justice the number of cases pending under the Garda Síochána Compensation Acts, 1941 and 1945. [9396/95]

Jim O'Keeffe

Ceist:

155 Mr. J. O'Keeffe asked the Minister for Justice the number of cases disposed of under the Garda Síochána Compensation Acts, 1941 and 1945, in each to the years 1989 to 1994. [9397/95]

Minister for Justice (Mrs. Owen)

I propose to take Questions Nos. 152, 153, 154 and 155 together.

The Garda Síochána (Compensation) Acts, 1941 and 1945 provide for a system of compensation to members of the Garda Síochána maliciously injured as a result of their membership of the Force.

Applications under the Acts are made to the Minister for Justice on the relevant forms as prescribed in Statutory Order No. 413 of 1941 — Garda Síochána (Application for Compensation) Regulations.

When a completed application form is received — almost invariably via a solicitor on the applicant's behalf — the Garda Commissioner is notified and a report is sought from him on the circumstances of the injury: this report incorporates a final prognosis by the Garda surgeon on the injury sustained. An applicant is listed for examination by the surgeon only after the applicant's attending doctors have submitted their final medical reports on injuries sustained. As things stand, it can take an average of 2 years between the application being received and the Commissioner's report, including the surgeon's final prognosis, being submitted to the Minister.

Once the Commissioner's report is received the Minister for Justice must then make a decision, under the terms of section 6 of the 1941 Act, as to the issuing of an authorisation allowing the applicant to apply to the High Court for compensation under the Acts.

Under this section of the Act, the Minister for Justice, in deciding on the question of the issue of an authorisation must,inter alia, have regard to the character of the injury sustained. It is necessary for me to be advised by the Garda surgeon as to the nature of the injury sustained and, in particular, how the injury affects the member in relation to the performance of his or her duties. Thus, medical reports from claimants are accepted by me as a basis in coming to a decision under section 6 of the 1941 Act in relation to the issue of an authorisation. However, such reports must be considered by the Garda surgeon, usually in conjunction with a medical examination of the applicant, prior to his advice being given to me. The surgeon's report, along with all other medical reports, is made available to the High Court and is taken into account by the Court in deciding the seriousness of the injury and hence the amount of compensation to be awarded.

Following are details of the operation of the above Acts for each of the years 1989 to 1994 inclusive.

The cases shown in column (2) are not necessarily represented also in column (3) because of the delay which can sometimes occur between the actual application and subsequent court hearing.

Year	Number of Applications	Number of Awards	Total Compensation paid* (including legal costs)
			£
1989	335	145	2,037,000
1990	262	216	1,945,000
1991	301	250	3,707,000
1992	372	293	4,471,000
1993	325	151	2,450,000
1994	283	167	3,482,000

* Expenditure amounts rounded to nearest thousand.

The following are details of cases pending at present.

Status of Claim	Number of claims
Cases for which final medical reports from the applicants' attending doctors are awaited.	434
Cases for which final medical reports have been received and for which applicants are awaiting examination by the Garda Surgeon.	204
Cases for which Commissioner's reports, including Surgeons' report, have been provided and for which a ministerial decision as to granting of an authorisation is required.	77

A review of the operation of the Garda Síochána (Compensation) Acts, 1941 and 1945 is ongoing in my Department at present with a view to devising a more efficient and cost effective way of dealing with Garda compensation cases.