New laws to bring Garda compensation claims before injuries board

New laws governing Garda compensation will allow for future claims to be brought before the Personal Injuries Assessment Board (PIAB) in a move designed to drastically reduce legal costs to the State.

The proposals would also cover a right to compensation for trainee and reserve gardaí who were not included in previous legislation.

Between 2007 and 2016, 1,525 compensation claims were brought against the Department of Justice for malicious injuries on duty, leading to payouts totalling €66.7 million.

Those claims were made under the 76-year-old Garda Síochána (Compensation) Acts 1941 and 1945. That legislation also covers the dependents of members who have died from maliciously inflicted injuries.

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However, the new General Scheme for the Garda Síochána (Compensation) Bill 2017 would now see claims handled by the PIAB and the State Claims Agency (SCA) and taken away from the courts as a first port of call.

It will also make provision for an independent assessment of the injury with reference to the Book of Quantum.

Marking the publication of the draft Bill, Minister for Justice Frances Fitzgerald said: "These proposals represent a major reform of the current compensation scheme. It will provide faster resolution of compensation claims for claimants as well as reducing the legal and administrative costs."

Fine Gael TD Bernard Durkan, who had raised the progress of the new laws repeatedly in the Dáil, said it was vital the rules were fair to serving members given the nature of their work.

“They are working on behalf of the State and there has to be a reliable compensation system because of the work that they do,” he said. “It is not a cosy, handy number.”

The Bill will now be referred to the Justice and Equality Committee for pre-legislative scrutiny, ahead of formal publication.

If adopted, a garda who claims to have been maliciously injured in the course of duty must submit an application to the Garda Commissioner within six months.

Where the injury is found to be malicious, he or she is entitled to compensation. If the application is declined, it can be appealed to an independent review officer.

Accepted applications will then be sent to the PIAB which will process it and make an assessment of quantum.

The SCA will be notified of the assessment and will have an opportunity to accept or reject it on behalf of the Commissioner. Contested awards can proceed to court.