Dáil Éireann díospóireacht -
Tuesday, 4 Nov 2003

Vol. 573 No. 3

Written Answers. - Compensation Payments.

Jim O'Keeffe

Ceist:

555 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the average time it takes to process an application for compensation following injury to a member of the Garda Síochána in the course of his or her duties; the full procedures that must be followed in each application for compensation; and if he will make a statement on the matter. [24815/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

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.

As I already mentioned in my answer to Parliamentary Question No. 63 on 15 October 2003, I am taking steps to establish a Garda Síochána compensation tribunal, along the lines recom mended by the committee set up in 1997 to review and make recommendations on the efficiency and effectiveness of the Garda Síochána (Compensation) Acts 1941 and 1945. I am confident that the Garda staff associations will co-operate with this legislative change.

The background to this initiative is that the committee set up in 1997 consisted of representatives from the Departments of Finance and Justice, the Chief State Solicitor's office, the Attorney General's office, Garda management and two Garda associations, the Association of Garda Sergeants and Inspectors and the Garda Representative Association. A medical practitioner who had experience of life assurance work was also on the committee which was chaired by an independent chairman. The committee presented its report to the then Minister on 28 August 1997.

The committee made 14 recommendations which included the repeal of the existing Acts and the setting up of a new Garda Síochána compensation tribunal on a statutory basis. The tribunal would operate along the same lines as the Criminal Injuries Compensation Tribunal, the main difference being that gardaí would be compensated for pain and suffering. It is envisaged that trainee gardaí who suffer malicious injuries prior to attestation would be covered under the new scheme and that claims already refused under the existing Acts as being minor would be allowed go before the tribunal.