The Minister for Justice, Helen McEntee TD, and the Minister of State with responsibility for Trade Promotion, Digital and Company Regulation, Robert Troy TD, have today published the Garda Síochána (Compensation) Bill 2021.
The Bill will bring Garda compensation claims within the Personal Injuries Assessment Board (PIAB) process. This will benefit both claimants, in terms of quicker resolution of claims with an objective assessment of quantum, and the State as the respondent, in terms of lower legal and administrative costs.
The publication of the Bill meets a commitment in Minister McEntee’s Justice Plan 2021. Justice Plan 2021 also commits to beginning work on the new Garda Compensation Scheme by the end of the year.
Minister McEntee said: “The new scheme will also lead to savings and efficiencies in the courts as Garda compensation claims made to the courts should reduce over time, depending on the level of acceptance by claimants of PIAB assessments and the ability of the State Claims Agency to negotiate settlements before cases actually proceed in court.”
Currently, Gardaí who sustain injuries maliciously inflicted upon them in the performance of their duties are entitled to apply for an authorisation from the Department of Justice to seek compensation in the High Court in accordance with the Garda Síochána (Compensation) Acts 1941 and 1945.
Minister Troy said: “Bringing Garda compensations claims within the PIAB process is consistent with ongoing work by my Department to facilitate more personal injury cases being resolved by PIAB in a faster timeframe and with lower costs.”
The intention is that the new Scheme, once enacted, will significantly reduce the legal and administrative costs associated with Garda compensation claims and below benefits.
- There will be significant time savings for applicants. It can take up to 7 years for cases to be concluded under the current arrangements whereas, for example, PIAB is required to make an assessment of quantum within 9 months;
- The significant backlogs on the High Court compensation lists (between 3 to 4 years) will no longer arise in all cases;
- Legal representation will not be required for the PIAB assessment process;
- Not all cases proceeding to court will, in fact, proceed to the High Court leading to lower levels of legal costs; and
- Provisions relating to the award of legal costs that apply to ordinary personal injuries actions will now apply to Garda compensation claims.