Reform of Garda compensation regime expected to save €3m

A new garda compensation scheme will save about €3m a year by cutting legal costs and will enable injured gardaí, or family members of deceased officers, speedier access to payments.

Under the proposals, cases will no longer go the High Court and will, instead, be referred to the State Claims Agency which will decide on the level of payment.

If a garda or family member is unhappy with the payment, they will have to take a risk if they want to appeal it to the courts.

If the courts award compensation lower than or equal to what the agency offered, the garda or family will have to cover the likely considerable legal costs.

Figures released yesterday on the current system show:

n170-200 compensation claims are submitted every year;

nAround 200 awards are made annually by the High Court;

nWaiting times for court rulings range from three to seven years;

nAwards totalled €6m in 2011, with additional legal costs coming to €3.255m (excluding two test cases concerning blood-borne viruses which cost €545,000);

n450 decisions were awaiting determination as of June and a further 700 applications are with the Department of Justice.

The Garda Representative Association yesterday welcomed the proposals.

“This is another efficiency saving that we have called for,” said president John Parker. “While we have only just been presented with these proposals, the Garda Representative Association has previously endorsed the principles of the reduction in legal fees and a shortened legal process.

“Gardaí have often waited for a decade or more before their case has been heard. This was grossly unjust for people injured performing their duty on behalf of the State. This process will allow them to be fully compensated for their injuries sustained — without unnecessary delay.”

Publishing the proposals, Justice Minister Alan Shatter said: “The majority of gardaí who need to access the scheme will receive more prompt payments and the State will have reduced costs in administering the revised scheme.”

The proposals are contained in the Draft General Scheme of the Garda Síochána Compensation (Malicious Injuries) Bill 2012.

The administration of the system will move from the minister to the garda commissioner. The State Claims Agency will administer the scheme for the commissioner.