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Dáil Éireann debate -
Tuesday, 5 Jul 1938

Vol. 72 No. 3

Ceisteanna—Questions. Oral Answers. - Compensation for Malicious Damage.

asked the Minister for Finance whether his attention has been called to the fact that under existing law persons alleging that their property has been damaged maliciously are entitled to recover from the local authority compensation for such damage, as ascertained by the Judge in the Circuit Court; whether he is aware that this practice originated in circumstances which no longer prevail; and whether, in view of the hardship inflicted on the ratepayers of the country by the operation of this law, he is prepared to take steps to secure its repeal at the earliest opportunity.

I am aware of the existence of the law under which a person whose property has been maliciously damaged may obtain compensation from the local authority and of the circumstances in which the law originated. As its repeal would only result in great hardship to the individual whose property has been subjected to malicious damage, the answer to the last part of the question is in the negative.

Is the Minister not aware of the fact that this legislation was originally introduced by the British Government as its method of dealing with the revolutionary situation in Ireland, and does he not consider it unfair to the ratepayers that they should be mulcted for damages inflicted maliciously under the conditions which led up to the introduction of this legislation and which are no longer with us? We are assured that the country is in a peaceful condition.

I consider that, by the repeal of the law, greater hardship would be inflicted upon the individual whose property was damaged than by its continuance.

So the innocent pay for the guilty?

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