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Dáil Éireann debate -
Tuesday, 23 Mar 1926

Vol. 14 No. 16

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - RATHDRUM (CO. WICKLOW) SOLDIER'S DEATH.

asked the Minister for Defence whether he is aware that Volunteer John Kennedy, No. 43121, of Lower Street, Rathdrum, was shot dead while on sentry duty at Cahirciveen on 26th May, 1925, and, if so, whether he will favourably consider the awarding of a pension to his parents, who were dependent upon him.

It appears that the late Private John Kennedy was killed by the accidental discharge of his own rifle on the 26th May in 1924, and not in 1925, as stated in the question. The occurrence happened after the end of the period of military service to which the Army Pensions Act, 1923, applies. The case is accordingly outside the scope of the Act. I regret that I have therefore no power to make any award to the parents of the deceased.

Will the Minister say whether he proposes to include this and similar cases in the proposed Pensions Act Amending Bill?

I am not to be drawn on this to-day, any more than on any other day. When the Bill is introduced that will be seen.

Mr. BYRNE

Might I remind the Minister that some short time ago he stated in the Dáil that accident cases would be inquired into and, if necessary, would be included in the Amending Bill? Surely this is one of the cases that ought to be included? It is not a question of drawing the Minister: it is a matter of asking an ordinary plain question.

I did not say this case had not been inquired into.

Mr. BYRNE

The Minister did not say whether he would include it or not.

Will the Minister inquire into this particular case?

I read all the papers in connection with the case; I have read two files of them, and I am satisfied that the answer I have given is correct according to the information contained in them.

Mr. BYRNE

Nobody doubts the Minister's answer, but what we want to know is whether soldiers, who in the performance of their duties meet with accidents and lose an arm or a leg, are entitled to compensation under the Military Service Pensions Act, or whether they will get the benefit of the Workmen's Compensation Act—either one or the other. They ought to get justice from Ministers.

I have yet to find out from Deputy Byrne or any other Deputy that any soldier who has lost a leg or an arm has not got the benefit of any Act passed by the Dáil. I deny that absolutely, and if Deputy Byrne wishes to make a case out of that he is quite welcome to it. This is not a case of a soldier losing a leg or an arm. It is a question of a pension to the parents of a soldier who died through the accidental discharge of his own rifle. It does not come within the purview of any Act passed by the Dáil up to the present, and therefore I am unable to accede to the Deputy's request.

There are ex-soldiers who met with accidents in the performance of their duties and who do not come within the provisions of the present Pensions Act. I have in my mind the case of a man discharged a year ago who met with a very serious injury while serving in the army. That man has not been able to get anything yet from the military authorities Will the Minister introduce an amending Bill in the near future at any rate for dealing with such cases?

The amending Bill will be introduced as soon as possible after the Easter Recess.

Mr. BYRNE

Will it include accident cases?

I have nothing to add to what I have already stated.

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