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Dáil Éireann debate -
Wednesday, 4 Dec 1929

Vol. 32 No. 13

Private Deputies' Business. - Adjournment Debate—Old Age Pension Claims.

The question which I addressed to the Minister to-day and the subject of which I want to raise to-night was as follows—(Question 24, and reply, Col. 1887, read). I raise this matter because I think the question involved is one of very great importance and because I think the principle behind the Order made by the Minister is quite unfair and unsound. I am not so much concerned with the rights of members of this House in this connection, although I think it is an important consideration also, as with the rights and the giving of the fullest possible fair play to claimants for old age pensions. I submit that there is enough hardship and injustice associated with the administration of the Act without increasing that hardship and the disabilities under which poor people labour in order to sustain their claims. At the outset, I would like to say what I have said more than once in this House and that is that I believe the decisions of the deciding officers in the Local Government Department are invariably quite fair. I have had personal experience of that over and over again, and I think it is the experience of every member of this House, but I believe, and I have some experience of what I say, that very often the facts connected with the old age pensions appeals are not properly presented to the officers I have referred to. I assert that many pensions officers in the country, whatever their instructions, are apparently setting themselves out to secure the rejection of as many old age pensions claims as they can. I say that from my experience of a local pensions committee and from the fruitless work that that committee has had to embark on time and again in order to do their part in securing justice for claimants to old age pensions. The consequence of that position is that the facts are not fully put before the Department from the end that the Department must, for the future, in consequence of this Order, rely on solely. I felt that it was very important that personal representation could be made in cases of this kind, because from questions and answers arising out of the statements in the hands of the deciding officers a good deal of information in connection with the claims could be elicited and invariably a fair decision could be arrived at. It is particularly true of cases where the question of age is involved.

I can anticipate the argument of the Minister that the case I am making will give an unfair advantage to the old age pensions claimants who will be able to secure the interest of members of this House in their cases. My answer to that is that the present operation of the Old Age Pensions Act in many parts of the country is so obviously unfair that every possible facility ought to be afforded to reduce hardship and unfairness to the minimum number of cases. Again, I think if the administration of the Act was changed considerably the need for making personal representation in the cases I have mentioned would disappear entirely. Some years ago, in this House, I asked the Minister for Finance if he was prepared to lay on the Table of the House the instructions issued to pensions officers. That request was declined. It seems to me that this regulation made now looks at any rate like an attempt to enshroud the whole administration of the Act in secrecy. I am quite willing to say that there is a great deal in connection with the Act that will not bear very much investigation. I speak altogether of what is happening in the rural areas at the moment.

The Minister made some concession in response to these supplementary questions that we addressed to him to-day. He said that he had made arrangements to enable verbal representations to be made to an officer of his Department. An arrangement of that kind will be satisfactory, if that officer, when taking verbal representations of that kind, is enabled to discuss the cases and by an examination of the facts as he finds them on the records before him, to help in coming to a decision that would be fair to all concerned. I am quite willing to admit, and I know it has been the case, that the presence of a large number of members of this House in that particular branch of the Local Government Department would be embarrassing to the deciding officers, but there is, I submit, an unanswerable case to be made for the giving of facilities to members of this House by the selection of an officer or officers who would be prepared to continue the practice of hearing verbal representations and of being able by question and answer, if necessary, to elicit the facts in cases before them. The Minister suggested that it would be unfair to allow personal contact with the deciding officer in cases of this kind, that the deciding officer would assume the functions of judges. In the courts people are entitled to be heard and they are entitled to be heard through their advocates. I want to ask the Minister if, in making this regulation, he has recognised the position that illiterate people down the country, in an endeavour to sustain their claims, have to rely on the advocacy of their claims in this form or in some such form, and no amount of correspondence will give the deciding officers the facilities that they can get by personal contact with people knowing the facts in arriving at the decision. I want to say that in cases that I have personal experience of very often I was asked— sometimes at least—what my opinion was about particular cases. My opinion sometimes was adverse to the claimant because I wanted to be fair and honest in connection with the whole case. Again, I submit that it would be in the best interests of all parties concerned that personal contact in cases of this kind should be maintained.

I only want to say, in conclusion, that if the Minister is not in a position to make a more satisfactory arrangement than he has indicated in his reply to-day I can see no other way of calling attention to cases of which I have and will have personal knowledge than by putting down questions in this House, and by raising, night after night, here on the adjournment, individual cases which I can stand over and which I believe would not be dealt with in the proper manner otherwise.

I hope that we are going to have from the Minister some assurance that the fullest possible facilities will be given in any cases of this kind, and that the rigour indicated both in these regulations and in his answer to-day will be relaxed in the interests of all concerned, with the end in view of giving a full, complete and satisfactory hearing to the people who are concerned in cases of this kind, and who have no other way to make the representations necessary in order to sustain their applications.

I would like to bring to the Minister's notice a case which occurred in my constituency. This is the case of an old lady who, when she made a claim, filled up the usual forms. That claim was rejected apparently on the grounds that there was not proper evidence of age. In this particular district the Baptismal Register was not kept at the time. I understand that compulsory registration was not enacted until 1864, and the census returns——

Is the Deputy raising a matter altogether outside this question?

I am coming on to this question of certificates of age.

Come to the question of access to the official.

The census returns before 1901 were destroyed, and I am told that the only way to prove age is by reference to the census returns of 1901 to 1911. When the Registrar was approached to have this claim investigated the people were informed that these registers were not open to the public, and I am informed that that is the only way in this particular case in which the age can actually be proved. I would like to bring that to the Minister's notice. In other words, the form was filled in and the claim rejected through lack of information and the registers which are the only means of proving the age are not open to the inspection of the claimants.

That is a different question altogether from the one that Deputy Murphy has raised. Deputy Murphy's question referred to the necessity of Deputies having access to a particular official or officials in the Department. If the Deputy is raising a particular case that is a different matter altogether.

Yes, but this is a case of access to the register.

That is altogether different.

I did not intend to intervene in this motion until I heard the rather excellent case put forward by Deputy Murphy. Having no party affiliations I think I might truthfully say I am one of the Deputies in this House who gives the least trouble to Government Departments, either by personal call or otherwise. I do say that a more outrageous idea than the one introduced by the Minister for Local Government and Public Health to shut out the representatives of the people from advocating the cases of the poorest type of their constituents, I have never heard in my life. This is not a question that should be discussed on a motion for the adjournment. It is a question that must be dealt with in the light of the administration of Local Government in this House. In my experience of all the Ministries there is none that requires the attention of the elected representatives of the people so much as the Ministry of Local Government. The people's representatives need to keep their eye on that Ministry. That Ministry is at present drifting into a state when the term "Local Government" is a misnomer. There is no such thing as Local Government in this country and every day in this House we are learning the lesson that Local Government has ceased.

Commissioners' Government.

Local government has ceased and a system of sabre rattling in this House has come in instead. The Ministry of Local Government has set itself up as a barrier between the representatives of the people and their constituents. I do not want to go into particular cases, but if anybody else belonging to one of the larger Parties in this House does, I hope that a motion will be put on paper when we sit here next February to consider the whole question of local government and the manner in which it is carried on. I do not see for the life of me why the Minister for Local Government and Public Health should bring in a barrier of this sort—a barrier shutting out the representatives of the poor people in the country from access to the officials administering the old age pensions. The time has come, and this motion has brought it to a head, when I hope this House will have to take into consideration the whole system of local government as administered under the present Minister for Local Government and Public Health.

I do not wish to take up any of the time left to the Minister to reply, but I would like to point out that this is the one particular Department where the intervention of Deputies is most needed. As Deputy Murphy has pointed out, the old age pension claimants are not practically, in the majority of cases, able to put their cases properly forward. I must say that in the case of inspectors down the country I do not know what instructions they have received. I am sorry that Deputy Murphy did not succeed in getting a reply from the Minister as to the instructions the inspectors do receive. I am sure if the people knew the instructions the inspectors had received, or the instructions that they are getting, the Minister for Local Government and Public Health would get such a doing from public opinion that he would be hunted out of the Front Bench. I ask the Minister if that order has also applied to defeated candidates for Parliamentary honours. If it does, I would wish that he would pass on that advice to other Ministers on the Front Bench so that they could act likewise.

Before the Minister replies I would like to point out to him, if it is his intention to proceed with these cast-iron, Mussolini-like rules and regulations that are precluding Deputies from making representations on behalf of the poorest of the poor—namely old age pensioners—that from these benches it is our intention in future when we get cases with regard to old age pensions to raise them on the adjournment of the House every night. If the Minister is prepared to face that, we have no grumble with regard to it. I suggest that the Minister has taken up a wrong line in this matter, and that it is his duty to allow the representatives to have access to the official dealing with old age pensions in his Department in order to get justice done.

I have about a dozen cases from Cork to raise, but it is rather late now.

The Deputy must not raise cases from Cork.

No, because I want to hear his reply, and I am not going to raise them.

In Deputy Cassidy's words it is alleged that steps have been taken by me——

I did not allege anything yet.

—to prevent the elected representatives of the people making representations to my Department in connection with old age pensions cases. What has been done is that arrangements have been made that third parties, whether Deputies or otherwise, will not be allowed direct access to the deciding officers, that is to the officers who are to decide on the facts put up to them on the one side by the old age pensions officers and on the other side by the old age pension committees in the country, and if necessary, on the third side by the inspectors in old age pension cases, who go into the matter locally. The deciding officers on these facts have to decide the case judicially in favour of the applicant or otherwise.

Does that apply to the Deputy who would like to have an interview with the deciding officer after the case has been decided in the first instance?

It applies to direct access to the deciding officer in connection with old age pension cases.

After they have been decided in the first case?

At any time, because a case decided in the first instance is a case likely to come up again on appeal. What have been provided in the Department for Deputies or other third parties who come to the Department are facilities to enable them to make any representations they can, whether in writing or by word of mouth.

To whom—to a junior civil servant?

To a person who can take down a statement of the facts that they want to have considered in connection with the appeal.

But to one who is not a responsible officer?

Does the Minister suggest that there are Deputies in this House unable to write a letter?

There are some Deputies who are really too lazy to write down the facts that they want to convey to a Government Department.

They must be on the Government Benches then.

Wherever they are, that is a fact. I can sympathise with them.

Why should they go to an office boy?

Is a Deputy entitled under these regulations to see the deciding officer and find out the reasons why he decided against the application?

No; I want to discourage direct approach by third parties to the officers who are to decide the appeal.

You will get them in this House, then.

If I may be allowed to offer a suggestion, I think the Minister should withdraw that statement.

What statement?

The statement that Deputies are too lazy to write letters.

There are some Deputies who would spend all their time withdrawing what they had said if a rule of that sort were to be made—to withdraw a statement of that kind.

The trouble that Deputies usually experience, as Deputy G. Boland pointed out to-day, is that they do not know what is the case against the applicant and that is the reason that they seek personal intercourse.

There is involved here a good point with regard to economy as far as the public service is concerned. Frequently I have refrained from putting questions on the Order Paper in order to save the State money. Now, if the Minister is going to pursue his present attitude, I will have 25 questions down every week and we will see what that will cost the country.

The Minister cannot stop that, anyway.

On a point of order—

The Minister should be given some opportunity of replying. I want to hear the Minister. He has only seven minutes.

My function in this matter is to see that the work of dealing with old age pension appeals is dealt with systematically and fairly and in every way that will command public confidence. If expense is caused in another direction because of our doing this work in the best possible way, well, I have to repudiate responsibility for it; it has to be and it must be. Let us consider what the position is. A person makes an application for a pension in the usual form. Normally the application form goes to the pensions officer first. He investigates it and makes a report on each case to the pensions committee. The local pensions committee considers the application and considers the report of the pensions officer. The committee decides the case in the presence of the applicant, allowing the applicant to supplement the facts. At any rate, the committee is there—a certain number of people specially constituted in the locality for the purpose of considering the facts carefully and for the purpose of helping the applicant in every way to bring out the facts so that they may consider them. There are, therefore, brought out the facts by the applicant on the one hand in as complete a fashion as possible, with all the help the local committee can give, and the facts as put forward by the pensions officer on the other hand, if he controverts the applicant's facts.

No case against the applicant comes to the Department complete details of which are not before the pensions committee and there is not before the deciding officer any statement of facts against the applicant from the pensions officer which is not available to the local pensions committee below. How Deputies can suggest that they do not know what the facts of a case are when they come to argue for, say, the granting of a pension, I do not know. How they can make that statement in the light of the facts as I have now put them forward, it is difficult to understand. As I have said, all the facts that come before the deciding officer are known to the local pensions committee. The adjudication is on a statement of facts. When each case comes before the deciding officer he has to decide that case on the facts placed before him. If there are difficulties he can communicate directly with the claimant, and very often does, with a view to helping the claimant out in the presentation of his case.

He may or may not.

As I say, he very often helps the claimant in the further presentation of the case or he can hand the file, as he often does, to an inspector with instructions to visit the area and see the applicant in a further endeavour to get at the facts.

Does he always do that in cases of doubt?

He does it in all cases where it would appear reasonable to the deciding officer that it should be done.

That is not an answer.

What Deputies want to convey to a deciding officer can very easily be conveyed either by making a written statement or, if they come to the Department, by dictating a statement to an officer of the Department, who will take it down with the least possible inconvenience to Deputies or other third parties. What they want more than that, except they want more or less to argue the case as against the judgment of the deciding officer in the matter, I do not know.

Mr. Hogan (Clare):

Does the Minister not know that in the case of some pension committees to whom an illiterate person makes application it is a member of the committee who makes the case for the applicant? How can that case be put before the deciding officer unless it is put forward by the same person who presented the case to the committee?

That is just what I say—the committee helps the applicant to make out his case fully. If the committees fail in that particular duty, do not blame the Department.

Mr. Hogan (Clare):

in the case of an illiterate person the application is made by a member of the committee to the pensions committee. In what form will that case go before the deciding officer?

It comes before the deciding officer in this way: when the pensions officer decides to appeal against the decision of the committee.

On secret instructions.

The whole case from the pensions officer's side and from the committee's side comes to the Department for Local Government on appeal.

Mr. Hogan (Clare):

Does the Minister know anything about the actual administration of pension committees? I am a member of a pensions committee, although I do not attend the meetings as often as I would like to. I know of cases where illiterate applicants came to me, and I have to put their cases before the committee. I know there is no method of adequately representing this case to the deciding officer unless the same person who presented the case originally is permitted to do it. The pensions officer. will not do it.

It is his job not to do it.

It is the committee's business.

Is this a Departmental regulation, or does the Minister intend to carry it out with the approval of the Executive Council?

I am arranging this entirely on my own responsibility as the Minister charged with the administration of this particular work. What Deputies are asking to do is that the work of the committees should be left undone.

Mr. Hogan (Clare):

That is not right.

That is what they are asking, and then they want to go to the deciding officer for the purpose of arguing the case out before the deciding officer.

Mr. Hogan (Clare):

That is not right.

The scheme for old age pensions provides for the submission of a case by the applicant, for the consideration of that case by the local pensions committee, and for its consideration by the local pensions officer for the purpose of seeing whether he is going to object to the granting of a pension, and, finally, there is provision made for an appeal. The appeal comes before the deciding officer.

Mr. Hogan (Clare):

We know all that, but why don't you answer the question?

I certainly have no reason for considering that Deputies of this House or other third parties should be brought into the scheme and should be allowed to appear before the deciding officer to argue cases.

The Dáil adjourned at 11 p.m. until 3 p.m. on Thursday, 5th December, 1929.

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