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Dáil Éireann debate -
Wednesday, 23 Mar 1938

Vol. 70 No. 7

Ceisteanna—Questions. Oral Answers. - Review of Award.

asked the Minister for Local Government and Public Health whether he will review the award made by him under sub-section (13) of Section 39 of the Electricity Supply Act, 1927, in the matter of Thomas Drury on October 28th, 1935 (P.H. 165832/1935), as Thomas Drury wants to make certain submissions which he was prevented by illness from making prior to the award.

The decision is final and cannot be reviewed by the Minister. Before the appeal of Mr. Thomas Drury against the superannuation allowance granted to him by the Electricity Supply Board was determined, he was invited to submit any further representations he might desire to make. The representations received were carefully considered before the decision was arrived at.

Is the Minister aware that the appellant believes he was prevented from making certain relevant representations as a result of illness from which he was suffering at the time? When he recovered from that illness, he found that the decision had been arrived at without an opportunity having been given him to make the communications he wished to make to the Minister.

I am not aware that the position is as stated by the Deputy. Mr. Drury was afforded an opportunity of making representations, and representations were, in fact, made on his behalf. All relevant factors were taken into consideration before the Minister gave his decision. In any event, the Minister has no statutory power to reopen a case.

The position is that, no matter how relevant the representations may be now, the Minister has no power to reopen the case, even if he wanted to do so?

That is so.

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