asked the Minister for Finance whether, in the administration of the Damage to Property (Compensation) Act, 1923, agreements have been arrived at between applicants on the one hand and the State Solicitor and the representatives of the Executive Council upon the other, whereby both the form and amount of compensation were fixed, subject to the judge's decision as to whether the Act applied; whether in many such cases where the judge decided that the Act did apply, his reports for the sum so agreed upon were not acted upon.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - DAMAGE TO PROPERTY (COMPENSATION) ACT.
I am not aware of any case in which an authorised agreement regarding compensation has been departed from. If the Deputy has any individual case in mind I shall be happy to look into it, if he will send the particulars.
I can assure the Minister that I have many individual cases in mind. I do not know whether the Minister is aware that in one case, where the amount agreed upon was £86—it was agreed upon by the State Solicitor, the accredited Government representative, and by the applicant, and it was submitted to the Judge, and the Judge decided it came within the Act—the amount sent by the Ministry of Finance to the applicant was £1, with £12 costs to the solicitor. I need scarcely say that the £1 and the £12 were returned. I have many instances which I hope to be able to bring to the notice of the Minister when the Estimates come on.
I think it would be better if the Deputy would ask the questions and bring them to my notice now. It is utterly useless to bring them to my notice at the time of the Estimates. I must have notice, so as to enable me to have cases investigated. In certain cases fraudulent claims have been put forward, and perhaps there has been a provisional agreement, but if the fraud is discovered afterwards, as I suppose is the case in such instances as that mentioned by the Deputy, of course the agreement would not be confirmed.
Is the Minister aware that both the High Court Judges and the Circuit Court Judges have refused to consider any appeals from agreed sums fixed by accredited Government representatives and by State solicitors?
I am not aware of that.
Well, it is a fact.