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Dáil Éireann debate -
Thursday, 3 May 1934

Vol. 52 No. 3

National Health Insurance Bill, 1934—Second Stage.

It will be remembered that when the National Health Insurance Act, 1933, was originally introduced it provided compensation under Section 22 for three classes of persons in the service of approved societies who might lose their employment by reason of the amalgamation of societies contemplated under the Act. These three classes were: Secretaries of approved societies, whole-time employees of approved societies, and part-time employees whose earnings from their societies were their principal means of livelihood.

This question of compensation for persons losing their employment gave rise to much discussion during the passage of the Bill, and a number of amendments were eventually agreed to, one of which made provision for compensation on a special scale for part-time officers and for the remaining part-time employees. This was effected by the insertion of Section 23, which provided compensation for part-time officers of approved societies and for part-time employees whose earnings from their societies were not their principal means of livelihood.

Under the rules of societies, however, the secretary is designated as one of the officers, and the phrase "part-time officer" in Section 23 would therefore include a part-time secretary. But Section 22 had already made provision for all secretaries, whether whole-time or part-time. There is, therefore, a possibility that under the 1933 Act as it stands a part-time secretary might claim his compensation as a secretary under Section 22, and then make an additional claim as an officer under Section 23; in other words, he might claim two separate compensations for the one position. The object of the present Bill is to remove any doubt that may exist on the point by making it clear that a second claim of this nature is not sustainable.

Question proposed: "That the Bill be now read a Second Time."

If the purpose indicated by the Parliamentary Secretary, and none other, is to be served by the Bill which he proposes to the House little objection can be taken to it. I gather from what he has said that the purpose of this Bill is simply to clarify Sections 22 and 23 of the principal Act, but I think the Parliamentary Secretary would be less than frank with the House if he introduced this Bill with any particular case in mind and withheld that information from the House. I would like to know if this Bill has been drafted for the purpose of dealing with any particular case because the circumstances under which it is introduced would seem to suggest that. At first glance it may seem that it would be quite unreasonable to allow any individual to claim compensation under two heads, but circumstances might obtain where to compel an individual to claim under one head or the other would deprive him of at least part of the compensation which it was the intention of the Oireachtas to give him.

The Parliamentary Secretary has referred to a part-time secretary. We may assume that the part-time secretary was engaged in some other activity as well as being secretary of an approved society. He might have discharged the functions of secretary of the society and be a servant of the society in some other capacity. Would the effect of this Bill be to allow him to claim only for his services as part-time secretary and prohibit him from claiming for such other part-time services as he might have given? Because if that is the effect of the Bill I do not think that was the intention of the Oireachtas when they passed the principal Act. If the Parliamentary Secretary reassures the House that this is no more than a clarifying Bill, then it is unnecessary to formulate other conceivable cases that might be imagined. If, on the other hand, he has a special case in mind he ought to let us know of it in order that the House may judge as to whether the general will of the Oireachtas is being effectively implemented by the Bill that we have before us.

I have not any special case in mind. The Bill is merely a clarifying measure to prevent an officer or part-time secretary obtaining double compensation, compensation under Section 22 for the office that he was deprived of as a result of the amalgamation of societies, and compensation for the same office under Section 23. There is not any particular case in mind at all. It is merely to deal with the possibility of such cases arising: of somebody claiming double compensation for the same position, that the Bill has been introduced.

Question put and agreed to.

When is it proposed to take the Committee Stage of the Bill?

If there is no objection I would like to have the further stages taken now.

I submit that there can be no great urgency about this Bill and that the Committee Stage should be postponed until next week. I imagine that the later stages after Committee will be merely mechanical.

Committee Stage ordered for Tuesday, 8th May, 1934.
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