This Bill is to improve the law as regards compensation to Gárdaí who may be killed or wounded in the discharge of their duty. The present law is that of the Grand Jury (Ireland) Act, 1836, where Section 106 lays down that previous malice must be shown before compensation can be given in a case of a Gárda either killed or wounded. There is also another change in this. Under that Act the compensation was levied on the local authority. This Bill proposes that the central Exchequer will pay the compensation. It will take effect as from 1st January, 1940. Since then I think about six cases occurred. Three Gárdaí were murdered and three were very seriously injured; and in five cases when brought to court it was held no one was entitled to compensation as there was no personal malice shown on the part of the people who murdered these men or inflicted the injuries. In the other case, the Circuit Court did grant an award but there was an appeal. It is proposed that, when this Bill is enacted, these six cases can come before the courts again.
On the Committee Stage in the other House, Section 6 was taken out of the Bill and a new section inserted. In the original section the consent of the Minister for Justice, with that of the Minister for Finance, was necessary before any case, not being a case in which death had occurred, would go to the courts. Objection was taken to that in the other House and it was said that the Minister was assuming judicial functions by making awards. That was not so, in my opinion, but it was felt very strongly, and so I brought in an amendment. Though there was no division there was opposition to it. In the section as it stands now, in the case of minor injuries— that is the case of a Guard getting a small injury like a cut, a bruise or a black eye—no award can be granted at all unless there was special risk. As the Bill stood, there was a possibility that he might get compensation, and it appeared to me that some Deputies still wanted that to remain, so that those Guards could apply to the High Court and get a trivial award, if any, and have very high costs. I was not prepared to agree to that. There is provision whereby the Minister can award up to £100 in the case of a minor injury, where there was exceptional risk taken by the Guard. The compensation is really more for the risk taken than as a measure of the injury which was inflicted. There were some consequen tial changes in the Bill as a result of that new section going in.
I do not think there is any more I need say at this stage. There was an explanatory memorandum circulated, and I think it explained the position pretty clearly. I am sorry that this Bill was delayed so long. There were great difficulties in getting it drafted. Some people have been waiting for compensation for a long time, so we would like to get the Bill passed during this session if possible.