Garda Compensation Scheme
A compensation scheme for members of An Garda Siochana was established under the Garda Siochana (Compensation) Act 1941 and the Garda Siochana (Compensation) (Amendment) Act 1945.
The compensation scheme was established to provide compensation to:
- Members of An Garda Siochana who suffered personal injuries (that did not result in death) that were maliciously inflicted upon them as a result of their membership of An Garda Siochana
- Dependants or partial dependants of a member who was died from injuries that were maliciously inflicted on them as a result of their membership to An Garda Siochana.
Who can apply for compensation?
Under the Garda Siochana (Compensation) Act, 1941 and the subsequent Amendment Act, the following people can apply for compensation:
1.Members of An Garda Siochana who sustained personal injuries (not causing death) maliciously inflicted upon them:
- In the course of their duties
- When acting in their general capacity as a member when off duty
- Merely because they are a member of An Garda Siochana
2.Dependants of deceased members who were fatally injured:
- In the course of their duties
- When acting in their general capacity as a member when off duty
- Merely because they are a member of An Garda Siochana
Section 3 (1) of the Garda Siochana Act, 1941, states that the following dependants can apply for compensation:
- The widow
- Children
- Stepchildren
- Parents
- Siblings
- Half brothers or sisters
- Grandparents of the deceased member
- Adopted children under the age of 21 years
Those who apply for compensation must have been supported, maintained and educated wholly or partially by the deceased person.
Time Limit for applying to the Scheme
Under the terms of the Acts, applications must be submitted within 3 months of the date of the incident.
If you apply outside the time limit, the Minister for Justice, Equality and Law Reform will decide if the application will be accepted. The longer the delay, the less likely the application will be accepted, especially if the injury is considered to be minor in nature.
The Department of Justice, Equality and Law Reform will not accept that a member was unaware of the time limits of the scheme as a valid reason for late application, as each member is provided with details of the scheme when they become members of An Garda Siochana.
Length of Decision Process
Each application varies depending on the nature of the injury, the recovery process, and the time taken to provide all of the relevant medical reports. The member must also see the Garda Chief Medical Officer who provides a report of his examination to the Department of Justice, Equality and Law Reform.
Garda Chief Medical Officer
The Garda Chief Medical Officer reviews the member's medical reports and provides a report to the Department of Justice regarding the injuries sustained, the treatment received, present condition, past history (if relevant) and prognosis.
The Garda Chief Medical Officer does not provide a recommendation as to whether the member's application for compensation should be granted or refused.
Garda Commissioner
The Garda Commissioner confirms the following to the Department:
- The incident occurred in the line of duty
- The incident was not caused as the result of the wilful default or negligence on the members part
- Whether the member was assigned to duties which include special risk - special risk is when a member is assigned to duties that are outside the normal routine duties.
Certificate of Authorisation
This is the document that is signed by an official on behalf of the Minister authorising the applicant to lodge proceedings in the High Court in respect of the incident which gave rise to a member's injuries.
High Court
The certificate of authorisation, along with the original application for compensation, should be filed with the High Court within 2 months from the date the authorisation of the application was communicated to the applicant.
Appeal of Refused Application
There is no provision for an appeal when an application is refused. However, the Department informs the applicant when their application is being considered for refusal and gives an opportunity for the member to submit additional information to support their application. Upon receipt of further submissions, the application is reviewed and the Minister's decision is communicated to the applicant or their legal advisor.
Making a claim
If you believe that you may be entitled to pursue a claim for compensation under the terms of the Garda Compensation Scheme, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.