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Dáil Éireann debate -
Wednesday, 5 Nov 1924

Vol. 9 No. 9

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - RESIGNED AND DISMISSED R.I.C.

asked the Minister for Finance if he can state (a) the number of applications received from resigned and dismissed members of the R.I.C. for pensions under the Superannuation Act, 1923; (b) the number of claims in which favourable recommendations were forwarded to the Minister by the Committee of Inquiry; (c) the number of cases in which payment of pension has been sanctioned; (d) the latest date of joining the R.I.C. after which payment of pension is being declined; whether pension was suspended or reduced in the case of any resigned or dismissed R.I.C. men during their period of service in the National Army, Gárda Síochána, Customs and Excise, etc.; whether pension is restored in the case of any men who have been or may be dismissed from such services or who resigned previous to or subsequent to the passing of the Act, and whether the same conditions will apply to disbanded R.I.C. men or ex-British Army pensioners serving in the same Government Departments; also, whether, in view of the many assurances given by the Minister since the passing of the Act in August, 1923; he will expedite payment in all outstanding cases, and state when he will be in a position to publish a final list of the names of men whose claims have been sanctioned for payment of a pension under the Act.

The number of applications received from former members of the Royal Irish Constabulary for pension under the Superannuation and Pensions Act, 1923, is 1,215. The number of applications recommended by the Committee of Inquiry is 628, and the number of cases in which payment of pension has so far been sanctioned is 408.

Pensions are not withheld by reference to any particular date of enlistment, but are granted on the merits of each case as known to the Government. I have not, however, awarded pension to any men who, on resignation or dismissal within the main period 1919-1921, had less than four years' service, whilst a small number with less service have been granted pensions because their resignations or dismissals were clearly attributable to national sympathies in the conscription crisis of the period March-May, 1918. No man with less than three and a half years' service has been granted a pension.

For the principles governing the suspension of pension on re-employment under the State or in a Public Office and the forfeiture of pension in consequence of resignation or dismissal from such office, I must refer the Deputy to the terms of Articles 4 and 5 of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924, and Article 2 of the Schedule thereto. The conditions governing the suspension of pensions of disbanded Royal Irish Constabulary and British Army pensioners are matters outside the control of the Free State Government.

In accordance with the principle enunciated in Article 5 (a) of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924, pension has been suspended in whole or in part in the case of all pensioners who have been employed for any period since the date of the passing of the Act (8th August, 1923) in any office remunerated out of moneys voted by the Oireachtas (e.g., Army, Civic Guard, Dublin Metropolitan Police, Revenue Commissioners) or which is a public office within the meaning of the Superannuation Act, 1892 (e.g., Registry of District Court Clerks).

In applying the above principle the approved practice has been as follows:

In cases of re-employment in the circumstances mentioned only so much of the pension shall be issued as with the effective pay of the pensioner's new office shall not exceed the pay a member of the Gárda Síochána would have with corresponding service calculated to the 31st March, 1922, at the rates prescribed in the Gárda Síochána Pay Order, dated 22nd February, 1924, or any subsequent Order modifying those rates.

In accordance with the principles enunciated in Article 4 of the Order and Article 2 (e) of the Schedule thereto, it is intended to declare forfeited the pension of any pensioner who has been re-employed for any period whether before or since the passing of the Act in any office which the Minister for Justice agrees is reasonably suitable for him and is dismissed from or resigns from that office without adequate reason either before or since the passing of the Act.

As regards the concluding portion of the question, there remain for decision three classes of cases concerning men who are now either in whole-time employment by the State, or have emigrated to remote parts of the world, or have already received on discharge as being medically unfit for further service pensions or substantial gratuities. The last two classes of cases obviously require the most careful consideration, and investigation is proceeding as rapidly as possible.

Will the Minister refer to page 3601 of the Official Report of the 3rd July, 1924, in which he will find the following statement:

There will be no discrimination against them.

(That is the R.I.C. men.)

simply because they are in the Gárda Síochána. The only point is that the pension as in the case of the other men

(That is the suspended men.)

will be suspended while they are serving in the Gárda.

Will the Minister, in view of that statement made by a member of the Executive Council, revise or reconsider his decision regarding the treatment of men who may be dismissed or who may hereafter resign from the Gárda Síochána?

No. If a man has been provided for by employment the State will take no further liability in regard to him. If he resigns or gets dismissed through his own fault, no pension can be given.

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