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Dáil Éireann debate -
Thursday, 13 May 1943

Vol. 90 No. 2

Ceisteanna—Questions. Oral Answers. - L.S.F. Group Leader's Injuries.

asked the Minister for Justice whether he is aware that on the 27th of January, 1941, Group Leader Frank J. Hearne, of Duncormick, County Wexford, at Cullenstown in that county met with personal injuries necessitating hospital and medical treatment, and that such injuries were received by Frank J. Hearne whilst on duty as a member of the L.S.F., and whether he will state the reason why compensation for such injuries has been refused, and whether it is a fact that the only compensation claimed by Mr. Hearne was his out-of-pocket expenses for hospital and medical treatment.

I am aware that Mr. Hearne received injuries on the 27th January, 1941, and that he claimed payment of expenses incurred for medical and hospital treatment, but, as his injuries were not sustained in the course of his duty as a member of the L.S.F., no compensation or hospital or medical expenses are payable to him under the regulations governing payment of compensation to members of the force.

Is the Minister aware that Group Leader Hearne was brought from the local Civic Guard barracks by the military in a lorry to act as a guide in finding out the location of the mine and that subsequently he was brought by boat across the sea to a place called the Burrow where the mine was situated? Under these circumstances, should not the Minister be of opinion that Group Leader Hearne was, in fact, on duty on that occasion?

Mr. Boland

My information is that Hearne was not there officially, but went there entirely on his own initiative, that a member of the Gárda Síochána was actually detailed for the work. I can assure the Deputy that this is not the first time that I have heard this case. I have looked closely into it and if I could have paid Mr. Hearne, under the regulations, I would; but, according to my information and close inquiry, he went there on his own initiative and there was an official guide provided—a whole-time member of the Gárda Síochána.

Is the Minister aware that the group leader concerned was actually brought by military lorry to the seashore and from there by members of the Defence Forces in uniform in a boat to where the mine was situated? Is the Minister aware of that fact?

Mr. Boland

I am not saying that he did not go that way, but I am satisfied, from the reports I have got, that he went entirely on his own initiative, that he was not detailed to go and was not appointed as a guide. In order to qualify, these injuries should have been sustained while acting in the course of his duty. If he had been detailed for the work, undoubtedly it would have happened in the course of his duty, but he was not; and I am precluded by the regulations from making payment.

Is the Minister aware that, as his Department decided that this member of the L.S.F. was not on duty, an application was then made to the Department of Finance, on behalf of the group leader as an ordinary civilian who was injured as a result of a mine explosion, and that his application under that head was turned down, on the ground that he was guilty of grievous negligence and, therefore, excluded from compensation?

Mr. Boland

I do not know anything about that part of it at all.

Will the Minister receive some further information, then, from me on this subject?

Mr. Boland

If this is proved to be wrong, I certainly will listen to any representations the Deputy has to make. I can assure him again that I have gone carefully into this case. If I can get any evidence that the man was on duty, I will go into it again. I will deal with any further information the Deputy may send on.

Would the Minister be of the opinion that this man was on duty if he acted as a guide along with a member of the Civic Guard?

Mr. Boland

No, he would need to have been detailed. He said himself that he went as a guide, but he would need to have been detailed for the duty. He did say that he was acting as a guide, but there was an official guide.

Is the Minister aware that this particular person is applying only for actual medical and hospital expenses incurred and not for compensation?

Mr. Boland

I am aware of that.

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