When the Garda Siochana (Compensation) Act 2022 comes into force, it will bring significant changes to the Garda Compensation Scheme. Although a Commencement Order has not yet been issued as of 3rd April 2023, it is expected to happen within the next few months.
Existing Claims and Their Implications
The Act states that if the Minister for Justice has already granted Consent (permission to issue Proceedings) before the Act’s commencement, the previous Garda Compensation Scheme will continue as if the new Act were not in place.
If the Minister for Justice has neither issued Consent nor made a refusal by the time the new Garda Scheme commences, they will return the Application to the person who submitted it. They will also include a Notice informing the Applicant that they can apply under the new system.
An Application for an Initial Assessment must be made no later than six months after receiving the Notice informing the Applicant about the new system. In summary, the old system applies if Consent has been issued; otherwise, the new system applies.
Introducing the New System
The Act allows for an Initial Assessment Application (regarding injuries or death resulting from a malicious incident) to be made to the Garda Commissioner by:
- A Member;
- A former Member;
- The deceased Member’s next of kin, in case of death.
Time Limits for Submitting an Application
Applications must be made no later than six months after the date of the injury or death, or the date of knowledge of the injuries. The Act also allows the Commissioner to extend this period upon request if an Application is not made within the six-month timeframe.
The Application Process
The Commissioner will specify the required Application form for an Initial Assessment. A Reporting Officer will be appointed to handle the Initial Assessment, investigate the Application, and produce an Initial Assessment Report. This report will determine whether the incident occurred and if it was malicious.
Applicants can provide additional information to the Reporting Officer within 60 days of being notified about the preparation of the Initial Assessment Report. The Reporting Officer must submit the report to the Commissioner within four months of their appointment.
If the Initial Assessment Report confirms a malicious incident, the Garda Commissioner will send a Notice of Determination and a copy of the report to the Applicant within 30 days. The Commissioner will then submit an Application on the Applicant’s behalf to the Personal Injuries Board (formerly known as PIAB) within 30 days.
If the Initial Assessment Report finds no malice, the Applicant will receive the report along with information about their right to request a review of the determination within 30 days.
Personal Injuries Assessment Board Involvement
The Act specifies that the Commissioner will be responsible for any charges imposed by the Personal Injuries Board. The Application will be assessed by the Board, resulting in an Assessment of damages and special damages. Both parties will have a limited time to accept or reject the Assessment: 28 days for the Applicant and 21 days for the Respondent.
Following the Personal Injuries Assessment Board’s Decision
If both the Applicant and Commissioner accept the Assessment, the Personal Injuries Board will issue an Order for Payment, concluding the matter. If the Applicant rejects the Assessment, the Board will issue an Authorisation to initiate Court Proceedings.
The Act allows the Applicant to bring Court Proceedings against the Garda Commissioner following the Authorisation. These Proceedings must commence no later than six months after the Authorisation is issued.
This fundamental change to the Garda Compensation Scheme will take effect once the Act becomes law. We will provide further commentary on the new Act at that time. Until then, the above serves as a brief summary of the Act’s proposals.
