Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 7 Apr 1943

Vol. 89 No. 13

Ceisteanna—Questions. Oral Answers. - Compensation for Loss of Son.

asked the Minister for Defence whether he received from Mr. Michael McCrann, 13 Garavogue Villas, Sligo, an application for a pension or other form of compensation in respect of the loss of his son, Volunteer Michael McCrann, who was shot dead in the Gilhooly Hall, Sligo, on December 31st, 1921, while on active service; and, if so, whether the application has been examined and a decision taken with regard to it; whether he is aware that, previous to his death, Volunteer McCrann contributed to the upkeep of the household, and that, had he lived, the contributions in later years would probably be very substantial; whether he is also aware that the present applicant and his wife are now old and depend for their maintenance on the spasmodic employment which Mr. McCrann is able to obtain; and whether, in these circumstances, he will take steps to provide a dependent's allowance or other form of compensation for the parents of Volunteer McCrann in their old age.

Mr. Michael McCrann claimed under the Army Pensions Act, 1932, in respect of the death of his son, Michael, who was accidentally shot dead on the 31st December, 1921. No award could be made to him under that Act as, although the deceased contributed to some extent to the upkeep of the household, it could not be established that applicant was either wholly or partially dependent on him, having regard to his circumstances at the time of his son's death. While I am not prepared to dispute the point that, had the deceased lived, his contributions to the upkeep of the applicant's household might have been substantial, I am unable to grant any award of dependent's allowance under the Army Pensions Act, 1937, to the applicant or his wife, as the yearly means of either, as ascertained and calculated in accordance with Part VII of that Act, exceed the maximum laid down, viz., £40, and furthermore, the review of the claim is now debarred under the Army Pensions Act, 1941.

Why has the Minister omitted to make any reference to his powers to grant compensation other than by way of pension in this case? Is the Minister aware that he is enabled, under Section 12 of the Army Pensions Act, 1932, to grant a gratuity in this case amounting to a maximum of £112 10/- and, having regard to the tragic circumstances of the case, will the Minister reconsider it in the light of the information which I have indicated?

The case has been considered on numerous occasions and investigated very carefully. I do not think it is correct to say that it would come under the section to which the Deputy has referred.

Does the Minister say that he is not empowered to grant a gratuity under the section I have mentioned?

I am debarred from reviewing the case under the 1937 Act.

Will the Minister say whether he has any power under Section 12 of the Army Pensions Act, 1932, to give a gratuity? Has he any reply to that?

No. I have considered the case on a number of occasions. All aspects of it have been examined.

That is not the question I put to the Minister. Has he power under Section 12 of that Act to give a gratuity and, if he finds that he has, will he do so?

That is not the question the Deputy put down.

Top
Share