Dáil Éireann debate -
Wednesday, 9 Nov 1938

Vol. 73 No. 3

Public Servants (Continuity of Service) Bill, 1938—Committee and Final Stages.

Sections 1 to 4 agreed to.

SECTION 5.

Nothing in this Act shall apply to or affect any transferred officer who made, within six months after the coming into operation of the Constitution, a claim for compensation in consequence of the coming into operation of the Constitution or any transferred officer who made at any time a claim for such compensation which was heard and determined by the board before the 26th day of October, 1938.

Mr. MacEntee

I move amendment No. 1:—

In lines 32 and 33, to delete the words "within six months after the coming into operation of the Constitution" and substitute the words and figures "in writing on or before the 31st day of October, 1938," and to delete all words from the word "or" in line 34 to the end of the section.

This is an amendment designed to give general effect to the wish of the House with regard to transferred officers and to make it possible for the Board to consider claims received "in writing on or before the 31st day of October, 1938".

Mr. Norton

Can the Minister say how many applications are likely to be referred to the board if the amendment is passed?

Mr. MacEntee

50.

General Mulcahy

Would the Minister say what exactly "received" means there? Is it sufficient if the persons in question hand applications to their immediate superior officers?

Mr. MacEntee

Look at sub-section (3). That is a matter to be determined by the Board, whether the claim was or was not made on or before the 31st of October.

General Mulcahy

Can we have what idea was in the Minister's mind?

Mr. MacEntee

I should say that it would be sufficient if an application was handed, in writing, to a superior officer, but I prefer to stay out of it, in view of the reference to the Board.

General Mulcahy

Naturally in framing the amendment the Minister had to make up his mind as to what he meant before doing so.

Question put and agreed to.

Mr. MacEntee

I move amendment No. 2:—

To add at the end of the section two new sub-sections as follows:—

(2) Every claim duly made in writing under the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), on or before the 31st day of October, 1938, by a transferred officer for compensation in consequence of the coming into operation of the Constitution shall be referred to and heard and determined by the board in accordance with the said Act.

(3) Every question or dispute as to whether any such claim as is referred to in the foregoing sub-sections of this section was or was not made on or before the 31st day of October, 1938, shall be decided by the board and the decision of the board thereon shall be final.

Question put and agreed to.

Question—"That Section 5, as amended, stand part of the Bill"— put and agreed to.

Section 6 and the Title agreed to.

Bill reported with amendments.

An Ceann Comhairle

When is it proposed to take the Report Stage?

Mr. MacEntee

I think, Sir, that it was agreed that we might have all stages to-day.

Question—"That the Bill, as now amended, be received for final consideration"—put and agreed to.

Question—"That the Bill do now pass"—put and agreed to.