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Dáil Éireann debate -
Wednesday, 3 Mar 1943

Vol. 89 No. 7

Ceisteanna—Questions. Oral Answers. - North Strand Compensation Claims.

Mr. Byrne

asked the Minister for Finance if he is aware of the dissatisfaction caused by the awards to victims of the North Strand bombing; if he is aware that no compensation has been paid to the parents of Miss Lily Behan, aged 21 years, who died on 22nd August from injuries received; and if he will cause her parents' claim to be reinvestigated and compensation awarded.

The answer to the first part of the Deputy's question is in the negative. The answer to the second part is in the affirmative. Compensation under the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942, has not been paid to Miss Behan's parents, because no evidence has so far been brought to my notice which would justify my deciding that her parents were partially dependent on her within the meaning of the scheme at the time of her death. If such evidence is forthcoming, however, compensation will, of course, be payable. I might add, for the Deputy's information, that payment of £22 15s. 0d., the amount claimed in respect of the late Miss Behan's funeral expenses, was made on the 15th November last.

Is the Minister aware that the late Miss Behan was buried alive for eight hours after the North Strand bombing; that, even after the removal of clay and debris, and after stimulants had been administered through the mouth for a period of four hours, and also by injection, when taken away in the ambulance she was in a state of collapse and suffering from very severe shock? Having regard to these facts, irrespective of what was the assigned primary or even secondary cause of death, does the Minister not consider that the terrible ordeal to which this girl was subjected as a result of the unfortunate bombing incident undoubtedly accelerated her death?

That is not included in the question.

Mr. Byrne

Was there not evidence that this girl contributed a substantial sum to the household, paying at least 7/- towards the rent, and as she was 22 years, was she not of some value to her parents? I think the Minister should reconsider the case in view of all the circumstances.

The Minister is quite prepared to be sympathetic if evidence is forthcoming that she was contributing substantially or otherwise to the family.

Mr. Byrne

Does that mean that the parents of this girl, after rearing and educating her at considerable expense, are to get nothing from the State for her loss?

The question that arises here is: was the family dependent on her?

Mr. Byrne

Partially dependent.

There is no evidence of that. If there is evidence, I am quite prepared to be sympathetic in the matter.

Mr. Byrne

asked the Minister for Finance if he is aware that Mrs. Christina Byrne, of Richmond Cottages, one of the persons injured during the bombing at North Strand Road, has been awarded £21 6s. 0d., which has been refused to her because she was in receipt of 7/6 per week national health disablement benefit; if he is aware that the 7/6 national health benefit is being paid to her for a disability which occurred to her seven years ago and which is not associated in any way with the injuries caused by the bombing, and if he will cause her case to be reinvestigated and reasonable compensation awarded.

Article 12 (1) of the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942, as originally framed, provided for the deduction from compensation awarded to injured persons of any sums received by them under the National Health Insurance Acts during their period of disablement and it was due to the operation of this article that compensation was withheld from Mrs. Byrne. It had not, however, been the intention that, where national health insurance was being drawn for a cause other than a qualifying injury within the meaning of the scheme, recipients of compensation under the scheme should have their compensation affected by payments of national health insurance and, when this defect became apparent, I took steps to have the matter remedied in the amending scheme which I recently made. Such deductions will, therefore, be made only if the amounts payable under the National Health Insurance Acts are specifically referable to the injury in respect of which compensation is being paid. Mrs. Byrne's case has been revised in accordance with the amending scheme, and has retrospective effect, and the compensation awarded to her is now being paid without deduction. The arrears withheld have been paid in full.

Mr. Byrne

Can the Minister say if that has been done since the question was put down?

No, the amended scheme was made in January.

Mr. Byrne

Up to a week ago the 7/6 a week which this woman was getting was deducted. According to a letter which she has had from the Department, she was told that she would get nothing, and that the national health money was to be deducted from the total amount of the claim. The national health money exceeded the amount of the claim, which meant that she got nothing. Can I have a promise now from the Minister that she will get something? She was blown out of the window and received serious injuries, and all that she was offered was £21 or £22. According to what she tells me, by the taking back of the national health money, she owes the Department £9.

The scheme was amended in January, with this and two or three other cases in mind. I think that the payment has now gone through.

Mr. Byrne

asked the Minister for Finance if he will cause the claim of Miss Jennie O'Rourke to be reinvestigated; if he is aware that Miss O'Rourke received serious injuries when the house 160 North Strand Road was bombed; if he will state if anything is being done to improve her condition; and whether the 30/- per week compensation awarded to her, which was to cease in December, 1942, has been increased and renewed.

The answer to the first part of the Deputy's question is that this case has already been fully investigated and that the question of reinvestigation does not, therefore, arise. As I already informed the Deputy, on the 5th November last, in reply to his previous question concerning this case, I am aware that Miss O'Rourke was injured as a result of the North Strand bombing. Since the 8th December last she has been undergoing treatment in a private Dublin nursing home under the direction of the Army Pensions Board in consultation with a Dublin specialist, and I understand that she is making good progress; her condition is under continuous observation. The cost of treatment is being borne by the State. The award of compensation made to her has been continued to the 9th December, 1943, and will be continued thereafter should her condition so warrant. Her compensation is at the highest rate payable under the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942.

Mr. Byrne

Will the Minister say whether this lady, whose future has been ruined, will get any substantial cash allowance from his Department or from any public authority that collected moneys for the bombed victims? The Minister for Finance is aware that when I last raised a question here about her she had been discharged from hospital although not cured. Her compensation was to be stopped in December, 1942, and only I raised the question here she would not have been taken back.

That is not true.

Mr. Byrne

It is true, and the Minister knows it.

It is not true.

Mr. Byrne

There is considerable dissatisfaction amongst those people.

The Deputy must limit himself to supplementary questions.

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