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Dáil Éireann debate -
Wednesday, 16 Nov 1938

Vol. 73 No. 5

Committee on Finance. - Defence Forces Bill—Money Resolution.

I move the Money Resolution:—

That it is expedient to authorise the payment out of moneys provided by the Oireachtas of such sums as are required to give effect to any Act of the present Session to amend and extend the Defence Forces (Pensions) Act, 1932.

On the Money Resolution, I would like to avail of this opportunity to ask the Minister whether a case which I have in mind is likely to be covered by this Bill, or whether there is any intention of amending the Bill to cover such a case. I have in mind the case of a young chap, 20 years of age, who joined the Army in 1923. He became an officer in the Air Force. While flying in 1926, owing to an accident with his machine, he lost his life, and so did the observer who was travelling with him. He had parents who were not in very good circumstances. He helped to sustain them out of the income which he had as an officer in the Air Force. On his death that method of sustenance ceased, and, in reply to applications made to the Department of Defence, the relatives were informed that there was no legislation under which they could be paid compensation in respect of the death of their son, who was a substantial contributor to the family income. That seems to be a case of severe hardship.

That type of case does not arise on this Bill. That would be concerned with wounds and disability legislation.

I should like to know whether there is any intention of amending this Bill, or introducing an amendment to the 1932 Act to cover retrospectively a case of that kind.

This measure or the 1932 Act does not deal with that type of case at all. It falls under wounds and disability pensions legislation covered from 1927 onwards.

Will the Minister say whether, seeing that we are discussing pensions of members of the defence forces, there is any intention of covering a case of that kind in the future, with retrospective effect?

It has not got anything to do with this particular type of legislation at all; it is concerned with wounds and disabilities.

It is not because the Bill is drawn in a particular way, but I suggest that if there were a desire to amend the existing pensions legislation it would be possible to embody in a Bill of this kind a provision which would enable a case of the kind I have mentioned to be covered.

It is another matter, of course, if we do not choose to do that I submit there is nothing to prevent us legislatively from doing it.

Question agreed to. Resolution reported. Report agreed to.

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