Garda Síochána (Compensation) Act 2022

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Proceedings on foot of authorisation under Act of 2003

23. (1) A claimant may bring proceedings against the Garda Commissioner on foot of an authorisation issued by the Personal Injuries Assessment Board under the Act of 2003, and such proceedings shall be subject to this Part and to the Act of 2003 as applied by Part 5 .

(2) The proceedings referred to in subsection (1) shall be brought not later than 6 months after the date of issue of the authorisation.

(3) In the case of proceedings brought by a claimant who had been an applicant to whom section 8 (2)(a) refers, the court shall—

(a) determine the injuries that were inflicted as a result of the malicious incident,

(b) determine the amount of compensation to be awarded to the claimant for such injuries,

(c) order that the compensation be paid to the claimant by the Garda Commissioner or by any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner, and

(d) make an award of costs, or any other order providing for the payment of costs.

(4) In making a determination under subsection (3)(b), the court shall—

(a) have regard to the personal injuries guidelines and any amendments thereto adopted and published by the Judicial Council under section 7 (2)(g) of the Judicial Council Act 2019 ,

(b) have regard to any medical or surgical expenses incurred or likely to be incurred by the claimant in respect or in consequence of the injuries,

(c) take into account the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the claimant and, in particular (if the injuries do not preclude the claimant from continuing to be a member of the Garda Síochána), on his or her future career in that force,

(d) have regard to the pain and suffering occasioned by the injuries to the claimant and also, where applicable, to any disease or tendency to disease caused by the injuries,

(e) subject to paragraph (f) and subsections (4) and (5) of section 96 of the Social Welfare Consolidation Act 2005 , have regard to section 2 of the Civil Liability (Amendment) Act 1964 , and

(f) take into account the fact, if it is a fact, that the claimant is entitled (under the statutes and statutory orders and regulations relating to the pensions of members of the Garda Síochána and their dependants) to a pension, allowance, or gratuity out of public funds in respect of the injuries the subject of the application, but shall not regard the amount of such pension, allowance, or gratuity (if any) as a measure or standard by reference to which the amount of the compensation is to be fixed.

(5) Section 8 (3) shall, with any necessary modifications, apply to the bringing of proceedings by a claimant who had been an applicant to whom section 8 (2)(b) refers as it applies to the making of an application for initial assessment by such an applicant.

(6) In the case of proceedings brought in the case of a death referred to in section 7 (b) by a claimant who had been an applicant to whom section 8 (2)(b) refers, the court shall, in respect of the claimant and where appropriate in respect of each person for whose benefit the claimant is bringing the proceedings—

(a) consider whether the death was as a result of the malicious incident,

(b) consider whether the claimant or person is a person to whom compensation may be granted in respect of the said death,

(c) consider whether the claimant or person was wholly or partly dependent on the deceased person,

(d) consider whether the claimant or person has suffered loss by the death, and in such consideration no account shall be taken of any property (including assets of the deceased) to which the claimant or person has become entitled by reason of the death,

(e) if the court is satisfied that the claimant or person is a person to whom compensation may be granted, was wholly or partly dependent on the deceased and suffered loss by the death, determine the amount of compensation to be awarded to the claimant or person,

(f) where an amount of compensation has been determined under paragraph (e), order that the compensation be paid to the claimant or person by the Garda Commissioner or by any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner, and

(g) make an award of costs, or any other order providing for the payment of costs.

(7) In making a determination under subsection (6)(e), the court shall—

(a) have regard to the financial loss sustained by the claimant or person, but in so doing shall not take into account any property (including assets of the deceased) to which the claimant or person has become entitled by reason of the death of the deceased,

(b) have regard to any funeral expenses incurred by the claimant or person in respect of the burial of the deceased and any medical or surgical expenses similarly incurred in respect of the injuries to the deceased which caused his or her death,

(c) take into account the financial benefits which the claimant or person might reasonably have expected to receive in the future from the deceased if the deceased had not died at the time at which he or she did die,

(d) have regard to any loss (other than financial loss) sustained by the claimant or person,

(e) take into account the fact, if it is a fact, that, prior to his or her death, the deceased was awarded compensation under the Act of 2003 as applied by Part 5, under this Part, or under the Act of 1941 in respect of the injuries which subsequently caused his or her death, and shall also take into account the amount (if any) of such compensation,

(f) subject to paragraph (g) and section 96 (5)(a) of the Social Welfare Consolidation Act 2005 , have regard to section 50 of the Act of 1961, and

(g) shall take into account the fact, if it is a fact, that the claimant or person is entitled (under the statutes and statutory orders and regulations relating to the pensions of members of the Garda Síochána and their dependants) to a pension, allowance, or gratuity out of public funds in respect of the death which is the subject of the application, but shall not regard the amount of such pension, allowance, or gratuity (if any) as a measure or standard by reference to which the amount of the compensation is to be fixed.

(8) Where proceedings are brought in the case of a death referred to in section 7 (b), the following provisions shall apply:

(a) the court shall indicate separately in the award the amount of compensation awarded to each claimant or person under subsection (6)(e);

(b) it shall be sufficient for the Garda Commissioner, or any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner, in paying money into court in the action, to pay it in one sum as compensation for all the persons referred to in subsection (6) without apportioning it between them;

(c) the amount recovered in the action shall, after deducting any costs not recovered from the Garda Commissioner, or from any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner, be divided among the persons entitled in such shares as have been determined by the court.

(9) Section 8 (4) shall, with any necessary modifications, apply to the bringing of proceedings on behalf of a person to whom section 8 (2) refers as it applies to the making of an application for initial assessment.