I move:—
That the Dáil hereby approves of the Gárda Síochána Pensions (No. 2) Order, 1938, made on the 25th day of July, 1938, by the Minister for Justice, with the sanction of the Minister for Finance, under Section 13 of the Police Forces Amalgamation Act, 1925, and laid before the Dáil on the 9th day of February, 1939.
The purpose of this Order is to ensure that the widows and orphans of members of the Gárda Síochána shall not, on the whole, be in a less favourable position than they would be if the Gárda Síochána were not exempted from the scope of the Widows' and Orphans' Pensions Act, 1935. As Deputies are aware, the Department of Local Government and Public Health are satisfied that the benefits conferred by the Order bring, as far as widows' pensions and children's allowances are concerned, the Gárda Síochána scheme of pensions into line with the provisions of the Widows' and Orphans' Pensions Act. As a result this Order has to be made. There are two or three main provisions in the Order which alter the position that obtained in previous years relating to pensions of widows and orphans of the Gárdaí. (1) At present a member of the force who has completed five years' but less than ten years' service is not entitled to a pension on retiring for ill-health. If he subsequently dies his widow receives a pension only if his death is in consequence of the disease or injury on account of which he retired. The new Order removes this restriction and the widow will receive a pension irrespective of the cause of death; (2) where a member of the force is disabled as a result of an injury received in the execution of his duty; for example, a man on protection duty is shot at and seriously wounded, a "special" pension is payable. If the member in question subsequently dies, having had less than five years' service, a pension is paid to the widow only if the member died as a result of the injury for which he received the pension. If, for example, he was killed in a motor accident the widow would get nothing. This Order provides for a pension for a widow in all cases. (3) At present, apart from cases of injury received in the execution of duty, children's allowances are payable only if the member dies while serving or within 12 months from the granting of a pension. The Order removes the 12 months' limitation and children's allowances will be payable in any case in which a widow's pension is payable or would have been payable but for the fact that she predeceased her husband. This matter has been discussed with the Department of Local Government, and that Department is satisfied about this Order.
