Dáil Éireann díospóireacht -
Tuesday, 11 Apr 2000

Vol. 517 No. 6

Written Answers. - Compensation Claims.

Brendan Howlin

Ceist:

353 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he will sanction an application for the exercise of ministerial discretion under section 2 of the Statute of Limitations (Amendment) Act, 1991, to allow acceptance of a claim under the Garda Síochána (Compensation) Acts, 1941 and 1945, in respect of a person (details supplied) in County Wexford; if alternatively he will sanction an ex-gratia payment; and if he will make a statement on the matter. [10789/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The Garda Síochána (Compensation) Act, 1941, provides that an application for compensation under the Act shall be made within three months after the day on which such injuries were inflicted or within such longer time as the Minister shall allow in any particular case.

The position in respect of the case raised by the Deputy, is that the application for compensation was made more than 14 years after the incident occurred. The matter has been examined in detail and the advice of the Attorney General has also been obtained. I regret that I am not in a position to issue an authorisation allowing the case to go to the High Court under the terms of the Act.

The question of making an ex-gratia payment has also been examined in consultation with the Minister for Finance but it has not been possible to agree to make an ex-gratia payment in the circumstances of this case.