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Dáil Éireann debate -
Thursday, 18 Nov 1926

Vol. 17 No. 3

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - DONEGAL COMPENSATION AWARDS.

asked the Minister for Finance if he can state the total amount awarded or reported for reward by Judge Roche for malicious and criminal injuries at the recent sittings of the Circuit Court held in Tirconaill; if it is the intention of the Department to have these awards or reported awards reviewed with a view to a substantial reduction, and if he will state in what manner the Department proposes to deal with those claims, considering the present taxation in the country, and the prevailing distress and depression.

The total amount of the decrees and reports made at the recent Compensation Sittings in Co. Tirconaill was £23,950, approximately. Any appeals which have been or may be lodged on my behalf against decrees will be pursued unless satisfactory settlements are reached beforehand; the payment of reports is at my discretion, and the Assistant Circuit Judge's recommendations, when received, will be subjected to the customary investigation and close scrutiny in my Department before any payment is authorised. If the Deputy or any one else has any definite information likely to assist me in deciding to lodge appeals against decrees or in investigating and scrutinising reports, it will be welcomed and fully considered.

In view of the recent decision of the High Court, which places on local authorities the onus of proving the impossibility of such injuries being due to malice, instead of as heretofore when the applicant had to prove malice, will the Minister see that legislation is introduced to retain and preserve the original protection of the taxpayers in such circumstances?

I think the Deputy should give separate notice of that question.

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