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Dáil Éireann debate -
Thursday, 6 May 1926

Vol. 15 No. 11

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - TIPPERARY COMPENSATION CLAIMS.

asked the Minister for Finance if he is aware that an award for £10 was made by the Indemnity Committee to Mr. Edward Spearman, of Graigue, Poulnamucka, Clonmel, for a bullock seized in the interim period after the Truce and before the Irregular outbreak; that Mr. Spearman incurred legal costs to the extent of £5 15s. in connection with the presentation of his claim for hearing by the County Court Judge in Clonmel, and if the Minister will take steps to see that Mr. Spearman receives compensation for his losses in this respect also.

The award referred to by the Deputy represents the full amount of the Committee's recommendation and this has been paid. I informed the Deputy on the 25th June last that I was advised that the loss in this case could not properly be made the subject of a report under Section 15 of the Damage to Property (Compensation) Act, 1923. No payment could, therefore, be made on the judge's recommendation, either in respect of the original loss or in respect of the costs awarded by him. As the full amount recommended by the Indemnity Act Committee has been paid, no question of any further payment arises.

Would the Minister say if it is not a fact that this gentleman was allowed to bring forward his claim in court, that the claim was heard in court by the judge without demur and a decree granted, and that he incurred costs to the amount of £5 15s. In view of the fact that he was allowed to pursue this course in the law court, is it not reasonable to expect that he should be recouped the costs he incurred?

I have nothing to add to what I have already said. I am advised and am satisfied that the reported sum could not be paid, but the amount recommended by the Indemnity Act Committee has been paid in full.

asked the Minister for Finance if he will state whether the claims of Mr. Patrick Walsh, junior, of Ballymacadam, Cahir, Mr. J. J. Mason, Gormanstown, Ardfinnan, and others in the same district, for compensation in respect of cattle seized in the interim period between the Truce and the outbreak of Irregular hostilities in 1922, have yet been heard by the Indemnity Committee, and if he will take steps to expedite the issue of awards in these cases, and whether he will state why my letter of the 9th April last, addressed to the Secretary of the Minister for Finance in connection with these claims, has not been answered.

The first claim mentioned by the Deputy has been considered by the Committee and a paying order in discharge of the award will be sent to the claimant's solicitor at a very early date. The letter to which the Deputy refers was received in the first instance by the pre-Truce section of my Department, where considerable difficulty was experienced in tracing the claims from the particulars supplied. I understand, however, that a reply was sent to the Deputy's home address from the offices of the Indemnity Act Committee on 3rd instant. The second claim was disposed of by a payment of £23 made to the claimant through his solicitor on 24th February last.

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