asked the Minister for Defence whether James Sharkey, of Burtonport, County Donegal, was discharged from the coastal patrol service on March 11th, 1924, as medically unfit while a patient in St. Bricin's Hospital, where he was a patient consequent on heart strain and pneumonia contracted while on active service; and, if so, if he will state why his claim for a disability pension is not granted.
Ceisteanna—Questions. Oral Answers. - Coastal Patrol Service.
Mr. James Sharkey was discharged from the coastal patrol service on 10th April, 1924, in the ordinary course of "demobilisation." He submitted an application under the Army Pensions Acts in respect of heart trouble stated to be due to over exertion while on military service. The application was refused because Sharkey's disablement was found to be not attributable to military service.
Arising out of the Minister's reply, is he aware if ever Mr. Sharkey had any period of temporary service between the date of his discharge and the present time? My reason for asking that is that my information is that he had some period of temporary service subsequent to his discharge, and that it was during that period of temporary service that he developed the pneumonia, which has since shown symptoms of tubercular trouble and which has completely incapacitated the unfortunate man.
No. His service ended on the 10th April, 1924. However, he was a patient for pneumonia in St. Bricin's before that date, but the pneumonia was cured.
Oh, I see; but the Minister has not been informed that, as a result of certain lesions that remained after the primary pneumonia was cured, Mr. Sharkey is now permanently disabled, because these lesions have become aggravated with the passage of time. The Minister, of course, could not have known of that when the first application for superannuation or compensation was being considered. If evidence can be produced that the man's present tubercular condition can be reasonably related to the pneumonia contracted by him while on active service, will the Minister undertake to give consideration to such evidence?
I am afraid this case cannot be re-opened under the law. The case was gone into by the Pensions Medical Board in 1928, and they found that his condition then was not attributable to military service. If it is not attributable to military service, they have no power to make the award.
But the Minister will see the point that, while they might finally dispose of any question of heart strain, it is conceivable that the pneumonia would leave after it certain causes of deterioration, and if there was deterioration after 1928, it does seem a hardship that this man should be sick and destitute without any prospect of having his case re-opened. Of course, if the Minister is satisfied that he has no statutory power in the matter, it is useless to bother about it further, but if he has discretion, I should be grateful if he would look into the matter with a view to having some adjustment made.
I have no discretion in the matter at all.