asked the Minister for Local Government and Public Health whether his attention has been directed to the rules of the Unified Society relating to offences and penalties; whether he is aware that the provisions relating to the suspension of members are not drawn in conformity with the provisions of the model rules prepared for the guidance of approved societies; whether he can state the reason for increasing from four weeks (as prescribed in the model rules) to eight weeks (as prescribed in the society's rules) the period of suspension from benefit in certain cases involving breaches of rules; whether the penal ties formerly applied by approved societies were inadequate; and, if so, whether he will state the nature of the information on which that decision is based.
Ceisteanna—Questions. Oral Answers. - Rules of Unified Society.
I am aware that the maximum penalty of four weeks' suspension from benefit which appeared in the model rules was increased to eight weeks' suspension in the rules of Cumann an Arachais Náisiúnta ar Shláinte. When the model rules were prepared for the guidance of societies, they had power to expel members for various reasons. That power was withdrawn by the National Health Insurance Act, 1929, which abolished the deposit contributor class and provided that all insured persons had to be members of societies in order to obtain benefit. In view of the removal of this right to expulsion it was considered reasonable that the maximum penalty which could be imposed under the rules should be increased. The question was considered by a sub-committee of the Advisory Committee in 1931, and they advised that the maximum penalties imposed under the rules then in force were inadequate to prevent imposition on the societies' funds.
asked the Minister for Local Government and Public Health whether he is aware that the rules of the Unified Society provide that a quorum for the transaction of business shall consist of two members of the committee of management, and whether in view of the intention of the statute that the committee shall consist of 15 members he is prepared to take such steps as may be necessary to secure that the number to form a quorum shall not be less than one-third of the total members.
The rule providing that a quorum shall consist of any two members of the committee of management only applies to the present provisional committee which consists of three members. Steps will be taken at the proper time to provide under the rules for a quorum for the new committee which will take office after the appointed day.
asked the Minister for Local Government and Public Health if he is aware that the rules of the Unified Society contain provisions (a) requiring a member before entering into an agreement with a third party as to the amount of compensation or damages payable to him in respect of personal injuries to give to the society seven clear days' notice in writing setting out particulars of the proposed agreement; and (b) requiring a member claiming compensation from some other person in respect of personal injuries to furnish to the society at stated intervals medical certificates of incapacity even though no claim has been made on the society; whether he is aware that these provisions are unnecessary and inflict great hardship on insured persons, more particularly as failure to comply with them exposes the member to severe penalties for breach of rules; and whether, having regard to the provisions of the Workmen's Compensation Act and the regulations made thereunder, he is prepared to intimate to the society that his approval of the rules referred to must be withdrawn.
I am aware that the rules contain provisions at set out at (a) and (b) in the question. Both these provisions are for the benefit not only of the society but of the insured person. The rule referred to in paragraph (a) which requires the insured person to give seven days' notice before entering into an agreement for compensation or damages with a third party is designed to give the society an opportunity of objecting to improvident agreements which might be made by insured persons. The rule referred to in paragraph (b) requiring an insured person claiming compensation to furnish proof of incapacity is necessary to enable the society to treat the weeks in respect of which the insured person receives compensation as weeks of incapacity in respect of which arrears will not accrue against him.
It is not correct to say that the provisions are unnecessary, and I am not aware that they inflict great hardship on insured persons.