Carol Nolan: Backs Garda compensation reform, warns on mental health gap

Minister, I welcome the progress that this bill has made, especially as it is primarily concerned with providing a new compensation scheme to repeal and replace the current expensive and slow approach that has not been fit for purpose for some time now. Indeed, it was clear from experience that the legitimate claims of members of Angaarda Siakana were not being addressed in a fair and timely manner. We know, for example, that the current acts make a distinction between the injuries of a minor and a non-minor nature. This bill before us removes this distinction and ensures that all injuries inflicted as a result of a malicious incident are covered by the new scheme. Of course, the vast majority of Gardaí go about their business without being subjected to assault or attacks of a very serious nature. With that being said, we do know, for example, that in 2019 there were over 723 recorded incidents of various types of assault upon Gardaí and that this rose very slightly to 725 in 2020. The job is not an easy one and it often involves the need for a great level of restraint and training. Gardaí are not only enforcers of the peace, but increasingly they also act in a limited way as first responders to very serious mental health incidents. Information supplied to me earlier this year following a number of PQs I submitted revealed that from 2018 to 2022 Gardaí had to intervene and detain people almost 15,000 times under the Mental Health Act 2001. That is an astonishing number of interventions. I had specifically asked the Minister for the number of Garda interventions involving persons self-harming or harming others due to mental illness over the course of that period of time. Gardaí authorities then informed me and confirmed to me that in 2018 alone there were 4,002 incident types recorded on the Pulse system under the Mental Act Detained Under category. And that this rose to 4,816 incidents in 2019. In 2020 this figure had risen substantially to 5,757 incidents. The Minister further indicated in the parliamentary question reply to me that Garda authorities had informed her that training with regard to dealing with persons facing mental health emergencies is also given to armed support units during their basic training. This includes a detailed course on dealing with hostage, barricade, suicide incidents, the vast majority of which, according to Gardaí, involve people experiencing mental health emergencies. This should make it clear to us all that Gardaí are often placed in situations that may give rise to attack, but not all of which are malicious. Some may be due to having to respond, as I say, to a serious mental health incident. But what these numbers indicate is that there is an overwhelming gap in preventative mental health supports that have developed over the lifetime of successive governments. Gardaí members, while empathetic and dedicated, are not mental health professionals. Their primary duty is to enforce the law and protect the communities that they serve. Increasingly, however, they are finding themselves on the sharp end of having to intervene in incidences where they have only developed because of the lack of services. And that is, of course, the lack of mental health services in this case. They may find themselves in a situation where they are being heavily criticised for what are essentially problems not of their making. This entire situation is grossly unfair, not only to Gardaí members, but more importantly to the many thousands of vulnerable mentally ill people who risk being criminalised because they do not receive the kind of support they need. In this context, it is only right and proper that any Gardaí who faces assault or injuries with malicious intent should have recourse to open to them and, indeed, their families if the worst-case scenario arises. I see from the Bill that Section 8, Subsection 2 deals with this and other related matters. That is very welcome, but particularly the provision within that subsection, which outlines in detail the person or persons who may take an application for compensation under the Bill. In the case of death, for example, the dependents of the member or former member, including a spouse or civil partner, a child or stepchild, a parent or grandparent, or a brother or sister, half-brother or half-sister, may make a claim for compensation. That is significant as it accepts and protects the reality that the family members of Gardaí are disproportionately exposed to the loss of their loved one because of the nature of their work. Thank you very much.