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Dáil Éireann debate -
Wednesday, 26 Apr 1944

Vol. 93 No. 11

Committee on Finance. - Vote 64—Army Pensions.

I move:—

That a sum not exceeding £377,600, be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending the 31st day of March, 1945, for Wound and Disability Pensions, Further Pensions and Married Pensions, Allowances and Gratuities (No. 26 of 1923, No. 12 of 1927, No. 24 of 1932, No. 15 of 1937, No. 2 of 1941 and No. 14 of 1943), Military Service Pensions, Allowances and Gratuities (No. 48 of 1924, No. 26 of 1932, No. 43 of 1934 and No. 33 of 1938), Pensions, Allowances and Gratuities (No. 37 of 1936); Payments in respect of Compensation for Members of the Local Defence Force (No. 28 of 1939); and for sundry Contributions and Expenses in respect thereof, etc."

The decrease of £65,407 in the Army Pensions Vote for the financial year 1944-45 is mainly due to a decrease in the number of awards under the Military Service Pensions Act, 1934, partly offset by an increase due to the operation of the Army Pensions Act, 1943. The chief service of the Vote for Army pensions is the payment of pensions and gratuities under the authority of various Acts passed since 1923 by the Oireachtas, and, of the total Vote of £566,300, no less a sum than £558,228 nett is required to defray the cost of pensions and gratuities which are expected to fall for payment during the financial year 1944-45.

The sum of £558,228 nett is made up in the following way: (a) Gross cost of 15,565 pensions already authorised, £537,661; (b) gross cost of 625 new pensions, £28,128; (c) gross cost of arrears on new pensions, £56,771, making the cost of pensions, £622,560; (d) cost of gratuities, £8,077, the total gross cost amounting to £630,637; (e) less deductions for deaths and abatements, £72,409. The total nett cost of pensions and gratuities amounts to £558,228.

From these figures it is clear that, excluding arrears and gratuities, the annual recurring gross charge to the Exchequer in respect of Army pensions will, at the end of the present financial year, be about £565,789 or, allowing for abatements (£72,409), a nett annual charge of about £493,380.

The pensions code for the Army now consists of some 14 Acts and a scheme, together with another scheme for the Local Defence Force. All these Acts and schemes may be said to deal with the three main problems of awards for service, awards for disablement, and awards for the dependents of deceased personnel. As regards service, the present Estimate provides for:—3,101 pensions under the 1924 Act at a gross cost of £148,800; 10,970 pensions under the 1934 Act at a gross cost of £320,175; 34 pensions under the Connaught Rangers Act at a gross cost of £1,027; 95 pensions under the Defence Forces pensions schemes at a gross cost of £12,377. That makes a total of 14,200 service pensions at a gross cost of £482,379.

It will thus be seen that, of the total cost (£622,560) of pensions generally, no less than £482,379, or 77 per cent., is absorbed by awards in respect of service. This figure clearly shows that the State has made and is making generous provision for all those who have rendered military service.

As regards awards in respect of disablement, the present Estimate makes provision for:—429 pensions under the 1923 Act at a cost of £24,834; 141 pensions under the 1927 Act at a cost of £12,753; 394 pensions under the 1932 Act at a cost of £36,424; 205 pensions under the 1937 Act at a cost of £12,625; 11 pensions under the 1941 Act at a cost of £430; 150 pensions under the 1943 Act at a cost of £25,299; 72 pensions under the L.D.F. scheme at a cost of £2,672; 59 Easter Week special allowances at a cost of £4,200, and one disability pension under the Connaught Rangers Act, £47. That makes a total of 1,462 disablement pensions at a cost of £119,284.

As regards awards to the dependents of deceased military personnel we are providing in the Estimate for:—52 widows, one child and 31 other dependents under the 1923 Act at a cost of £4,759; 46 widows and 56 children under the 1927 Act at a cost of £3,054; 60 widows, 76 children and six other dependents under the 1932 Act at a cost of £5,990; three widows and 65 other dependents under the 1937 Act at a cost of £3,417; 18 widows, 54 children and 14 other dependents under the 1943 Act at a cost of £1,885; 16 widows and 38 children under the Defence Forces Pensions Schemes at a cost of £1,665; one dependent's allowance under the Connaught Rangers Act at a cost of £27; one other dependent under the L.D.F. scheme at a cost of £100; making a total of 197 at a cost of £20,897.

It will thus be seen that the gross total of £622,560 borne by this Estimate in respect of pensions is made up by:—(a) Awards in respect of service totalling £482,379 or 77.5 per cent.; (b) awards in respect of disablement totalling £119,284 or 19 per cent; (c) awards in respect of dependents totalling £20,897 or 3.5 per cent.; the total cost being £622,560.

In addition to pensions, the Estimate carries £8,077 in respect of gratuities made up as follows:—Wound gratuities (sub-head E), £500; remarriage gratuities (sub-head F), £210; short service gratuities (sub-head J), £7,367; making a total of £8,077.

As regards the three statutory bodies which administer the different Pensions Acts, the Military Service Registration Board has a mere nominal existence, whose only function is to meet at rare intervals for the purpose of dealing with technical matters. For some time past the Referee and Advisory Committee have been working on a full-time basis in order to adjudicate on appeals which have been referred back to them on the grounds that evidence not available on the original adjudication has since been forthcoming. It is hoped that these appeals will soon be determined. In this connection it is necessary to point out that under the 1934 Act all appeals in which additional evidence not previously available is forthcoming must be referred back to the Referee so that it is not possible to state with any degree of accuracy when the work of the committee will be finished.

Finally, the Army Pensions Board is, and during the coming year will be, fully occupied in dealing with claims under the Army Pensions Act, 1943, and under the various schemes of compensation made for the Local Defence Force, the Local Security Force, injured seamen and civilians. As regards the claims of soldiers discharged medically unfit, we are holding the men as long as possible and arrangements have been made to have them collected together at certain centres so that they may make their claims and be medically examined by the Army Pensions Board before they are finally discharged. The cost of the two statutory bodies for the year is estimated at £3,475.

The remaining items of the Estimate may be said to be made up of expenditure incidental to the award of pensions, and they are estimated at £4,597 for the year. They are made up of the following: Surgical and medical appliances for disabled pensioners (sub-head G), £400; hospital treatment for pensioners (sub-heads H and N), £1,630; expenses of applicants for disablement pensions and of witnesses for service pensions (sub-heads K and N), £2,350; miscellaneous incidental expenses (sub-heads L and N), £217; giving a total of £4,597.

Hence the present Estimate for £566,300 which the Dáil is asked to approve and to vote may be summed up under the following four heads: Net cost of pension awards under the different Acts, £550,151; net cost of gratuities under the various Acts, £8,077; cost of statutory bodies, £3,475; incidentals, £4,597, making the total asked for, £566,300.

How many appeals are still to be dealt with?

Still outstanding?

Yes, outstanding?

It is almost impossible to say because we are still accepting appeals. Appeals come in, are dealt with and go out.

Approximately what number?

How many have been referred back, to date?

I think about 20,000 have been dealt with.

Am I to gather that 20,000 cases have been referred back to the Referee, or that, in all, 20,000 cases have been dealt with?

20,000 cases, in all, dealt with.

How many have been referred back to the Referee on the ground that there is further evidence? I think the Minister gave that figure.

I do not think I gave the figure because I have not got it, but I could make an effort to get it at some later date.

I move:—

That the Estimate be referred back for reconsideration.

I do so for the purpose of placing before the Minister the reasons why, in my opinion, we should not pass a Vote of this kind, to give pensions to men who served the country, when there are others who did equally as much, and in many cases more, who have not got any reward. The cases I want to bring to the Minister's notice are solely the cases of Old I.R.A. men from 1916 to 1921. I do not want the House for a moment to think that I have any sympathy with the thousands of applicants through the country who applied for pensions when, as a matter of fact, they should be charged with forgery for claiming any association with the I.R.A.

The cases I have in mind—there are not a great many to-day—are all cases which stand out and which involve service which cannot be denied. In every case, the forms are with the Referee and many of the applicants, having been heard, have been refused pensions. Hundreds have been refused without even being called to put up any case, while, at the same time, there are men in the particular districts in which these people reside who are in receipt of pensions who did not do as much for the freedom of the country as these people did. I know that the Minister is sympathetic with the Old I.R.A. There is no man in the nation who appreciates more what the Old I.R.A. tried to do for the country than the Minister. Therefore, I could never understand how complete authority was given to the Referee to decide cases on his own, without even allowing applicants to give evidence on their own behalf.

Among the cases which I wish to bring before the Minister are cases from every county in the 32 counties, but most of them are cases of men in Cork, Galway and Mayo and in Dublin. There are, of course, individual cases in practically every portion of the State, but the majority arise in these four counties. To give an illustration of the type of case I refer to, I shall take case No. 1, the case of a man who joined the National Volunteers in 1913, transferred to the Irish Volunteers in 1914, and went out on the hillsides in 1916 in obedience to the call. On the instructions of the commanding officer, however, they did not rise in that particular town, though the men were mobilised. He was arrested after 1916 and interned. His internment form was Form C, indicating that he was known to be a prominent member of the Volunteers or Citizen Army. He was released at Christmas, organised his district again and took part in raids for arms and every activity there. He was, as a matter of fact, the local officer and he directed every activity carried out in that area. He was arrested in 1919 and kept in prison until the Treaty. I can say without hesitation that no major engagement would ever have taken place in the district were it not for his activity previous to his arrest. On arrest, he was taken to Eglinton Barracks in Galway, where he was kicked and injured by the Black and Tans, being compelled to spend several months in Renmore Military Hospital.

When he made an application for a disability pension, even though, when the trouble was over, he was unable to follow the occupation which he followed previously and had to take up an alternative way of living, he was told that the amount of his disability was not sufficient to qualify him under the Act. When he applied, later on, for a military service pension, he was told that his case did not come within the Act because he had taken part in no major engagements. I wonder was the attack which the Tans made on him, which broke so many of his ribs, in Galway prison, when he was there with a former Minister, Deputy Ruttledge, a major engagement? I should like to know who defined "major engagement".

Another man in the same area, to whom the same conditions applied, received the same answer, although he did not apply for a disability pension because he was not broken up as the other man was. I spoke of this case to somebody recently and he said: "Many a fellow was glad to be arrested at that time." To show that there was nothing bogus about the claims of these men, I may say that they were arrested and brought to Galway Jail in company with Deputy Ruttledge, and, whether one agrees or disagrees with Deputy Ruttledge, there is no one who will say that he tried to get himself arrested, and what applies to him applies to these gentlemen. In the same week, another man from that district was sent to jail but his ribs were not broken in Eglinton Barracks. They were all released on the occasion of the general release from the Curragh and the peculiar thing is that though this man could not have taken part in or done anything more than the other two men, he has a pension of £80.

That should not surprise you.

By the way I might mention, without meaning any slur, of course, on the other people who have been turned down, that they think it rather funny that the man who got the £80 pension happened to be the brother of a Deputy of this House at the time. I am not saying that that had anything to do with it, but it was peculiar.

And the Deputy is probably right.

As a matter of fact, the two men to whom I referred previously had done more in the way of organisation work than that man from the same district had done, and yet they got nothing. We have also the case of a man who took part in an engagement in Pearse Street, Dublin. At this engagement Leo Fitzgerald was killed, and Volunteer Traynor was afterwards executed for his part in the engagement. Now, I have here in my possession a certificate on behalf of this applicant, signed by a man who was actually sentenced to death for taking part in the engagement. The certificate is signed by John Donnelly, who was under sentence of death at the same time that Deputy MacEoin was under sentence of death, and the certificate from John Donnelly is that this man—I shall refer to this as Case No. 3—took part in the engagement in Pearse Street. Yet this man's claim was also turned down and he has not got a pension. When he pressed his claim for a pension he was told that this was only one isolated incident and, therefore, would not entitle him to a pension. When it suited the Pensions Board, they turned down the claim of this gentleman on the ground that that was only an isolated incident, although, from the very fact that one man was killed and that another man who took part in the same engagement was afterwards executed, shows that he must have risked his life on that occasion; and yet, mind you, the man to whom I referred previously, who is in receipt of a pension of £80, never took part, previous to the Truce, in even an isolated engagement such as that at Pearse Street where one man was killed and as a result of which another man was executed.

That is proof that I am not endeavouring to put ridiculous cases before the Minister. There you have a certificate signed by a man who was actually under sentence of death, and we know that were it not for the activities and for the work that these gentlemen did at that time, when this nation was very much Anglicised and when the outlook in this country, even after 1916, was more imperial than otherwise—every member of this House knows, just as well as every individual within the nation knows, that were it not for the activities of these great men, and great men, I say, they were —both those who are in receipt of pensions for what they did and those other genuine cases which have been turned down by the Pensions Board— we would not be sitting here in this House to-day, nor would this nation be in the peaceful condition in which it now is. I am rather surprised when I hear it said that this person or that person helped to save the nation. I believe that there would be no nation at all were it not for the work that these men did for this country at the outset.

There are hundreds of the type of cases to which I have referred— thousands, as a matter of fact, originally—but the number is not so large now because it must be remembered that the activities to which I am referring took place a quarter of a century ago, many of these people have died in the meantime, and accordingly the amount of genuine cases would be very small. I want to repeat that I am only concerned with real, genuine cases. I do not want any "chancer" coming along and getting money from the State to which he is not entitled and which he never earned. The amount of money that would be involved, so far as the genuine cases are concerned, is so small that I appeal to the House, to the Minister and to the Government to do something for these people. In various parts of the country I have discussed this matter with people who have this grievance, and they will take that grievance to the grave if it is not remedied, because they feel that they are being robbed. In that connection, it must be remembered that the Proclamation of Easter Week, 1916, promised equal treatment for all our citizens, but there has not been equal treatment so far as the Old I.R.A. are concerned. In my opinion, the majority of these people—I do not say all, but the majority of them—would be satisfied if they got some gratuity or pension.

Why should they? Not likely! They should get what they are entitled to, and that is all there is about it.

I am glad that Deputy MacEoin feels that way, but my reason for saying it is that these people feel that their case is so hopeless so far as a pension is concerned that they would be satisfied with a gratuity.

They are not beggars. They should get what they are entitled to.

In 1924 a Pensions Act was introduced and passed here, and there was an amending Act in 1934, and my idea, accordingly, in this motion, is that there should be some amending legislation in 1944 that would satisfy the claims of all those deserving cases. Now, I do not know whether Deputy Anthony or any of the Cork Deputies are interested in this, but I do know that there is a great number of the type of people to whom I refer in Cork City and County.

Are they all genuine cases?

Of course, many of the claims may not be genuine, but the Cork Deputies should know more about that than I do. However, I am sure that at least some of the claims are genuine. I do not know how the definition of a major engagement has been come to, but let us take the case of a couple of men who go to raid a house for arms. They go to a house where they know there is a gun. That gun belongs to an enemy of the country and they want to get it so that it can be used for the defence of this country and bring about the position which we now have. As a matter of fact, their ambition was to achieve a better position than we now have; they wanted to achieve an Irish Republic for the whole 32 counties. Did these men not risk their lives in going to a house where they knew there were one or two fully armed people hostile to them?

If there was only one man in the house and if six or eight men came to raid it, there would be nothing very brave about that.

If he was armed, he would not need to be a very clever man to be able to shoot the six of them. Deputy Anthony will have to admit that, if these people did not go and get the arms, they could not be used afterwards for the defence of this country. Deputy Anthony seems to be enjoying this.

I am not enjoying it.

Our present position was brought about by the efforts of such men just as much as by the efforts of others, and I am surprised and disappointed that there should be even one person remaining in this nation, not to speak of a Deputy of this House, who does not appreciate what was done by the men of our time from 1916 to 1921. I should be surprised that anybody would make any effort to deride what these men did, what they stood for, and what their aims were. I am not going into the cases of people who received pensions to which they were not entitled or of which they were not deserving. Mind you, if the Minister wanted information in that regard, I think I would be in a position to give him at least a few cases, and I think he would find it very difficult to justify the granting of a pension in such cases as I have in mind.

As a matter of fact, I know in one case a man is in receipt of a pension and the nationalists in the area at the time were afraid of him; they were not satisfied that he was genuine. In the area in which I reside, Finglas, there is only one person in receipt of a pension. Definitely, I say that that gentleman was entitled to a pension, that he was 100 per cent. qualified. Surely even the Minister will agree with me that in that district there were more than one man actively engaged. The Minister is aware of the activities of some of the men in that particular district. If no major engagement took place in the Finglas area, it was not the fault of the men in the district; it was the fault of whatever officer was responsible. I do know that they were standing by, ready for the call, and that they did everything they were asked to do. It is peculiar that only one person in that area is in receipt of a pension. Let there be no misunderstanding. I say he certainly was entitled to it and, as a matter of fact, I would give him more if I could. I am sure the Minister is fully aware that in that district there was more than one I.R.A. man.

Of course, I know particular districts where, I understand, there were 60 applicants for pensions and I know that the number of I.R.A. men in the district could be accommodated in a Ford car. I do not want such districts to be compared with Finglas or such people to be compared with the men of Fingal. These men are very disappointed. They feel they have a great grievance. These men risked their lives for the freedom of this country, obeyed every order that was given to them, and did everything possible and, after all, when we have established a native Government and have been fairly generous and fláitheamhail enough with some people, is it not hard luck that some of these men are forced, or have been forced within the last few years, to leave their own country and to seek a living in the country that they fought against? It is very poor satisfaction. I know the Minister is sympathetic but I feel that he should use his influence with the Government to bring forward some amending legislation.

We cannot amend legislation on Estimates.

The Minister should take steps to remedy those cases. Perhaps the law is sufficient already to have it done. I am satisfied that many of these people did not get justice before the Court of Referees. They could not have got justice seeing that some of them were not even called. There were some who were called who did not get justice. I have lists of cases but I do not wish to detain the House quoting them. I have cases that would surprise Deputies. I have the case of one man who took part in what I think was the finest major engagement that took place in this period, the Carrowkennedy Ambush. It is a peculiar thing that John Hoban—I will mention his name because he is in America—did not qualify for a pension even though he took part in that ambush. I feel that every member of the House is in sympathy with the position. In every district they know of cases similar to those I have in mind. I would appeal to the Minister and to the House to support the proposition that the cases of those men should get the consideration they deserve from an Irish Government.

I claim the indulgence of the House for a few moments while I deal with this motion and with the Vote in as broad a fashion as I can. It is true that there was never legislation passed by either this Government or the last Government that received such criticism as the Military Service Pensions Acts of 1924 and 1934. It is true that there was never a piece of legislation passed by the assembly of any country with the administration of which there was as much dissatisfaction as there was with the administration of both these Acts. That dissatisfaction in regard to the 1924 Act was brought about by several causes. The first cause was that it was confined to those who had service, not only pre-Truce, but also in the National Army or the Defence Forces. That did exclude those who remained neutral, as it was called, and those who joined the Executive Forces and who fought against the State. The difficulties under which the 1924 Act was administered were very great because several people when requiring certificates and evidence from officers of the Volunteers could not get them. Why? Because some of these officers were members of the Executive Forces and refused to recognise. Parliament, refused to give the certificates and would not touch the 1924 Act with a 40-foot pole. The result was that several people failed to qualify because they had not the necessary evidence. The 1934 Act was passed. While I did not accept the view of several of my colleagues, I insisted that that Act was a just Act and that it should get all the sympathy, all the help that this House or this country could give it. I want to say, without blowing any horn, that as far as I am concerned, I have tried to see justice done to every Volunteer, whether he was with me or against me in the years 1922 and 1923, and I shall continue to do that.

There is a considerable amount of woolly thinking in regard to the whole Act and the Deputy who has sat down and who has made a case for certain people was guilty of woolly thinking. What does he do? In making a case for certain people who, in his opinion, are entitled to a pension, he starts to make a case against people who have pensions on the grounds that they were not entitled to them. What does he know? One of the points he makes is that Volunteers in the district were afraid of a particular person. I can tell the House that two-thirds of the Volunteers were afraid of the best officer who was ever in the Longford Brigade. Why? Because that officer was acting as intelligence officer for me in Longford and was going in and out to the military barracks in the discharge of his duty for me and for headquarters. Several people would ask: "Are you going to allow that fellow to go in and out?" Therefore, before you start condemning anybody who is in receipt of a pension, you may take it that, whether he is a first cousin or a brother of a Deputy or anything else, he could not get a pension if he were not entitled to it and did not make a case for it.

I am very pleased to hear that statement.

If I could say differently against this Administration I would say it just as quickly. I am going to say a few things against them in a few minutes. That woolly thinking was brought about by the Party opposite. In the years 1923 to 1931, what was the campaign in this country? The campaign was to lower in the estimation of their fellow countrymen the people who were then in receipt of pensions for serving this country. They were described as traitors, as being treacherous to the Republic and so forth. The Fianna Fáil Party—and I charge them publicly with it and I want to have it on the records of the House—put out their posters saying: "Here is the roll of honour." They gave a list of every one of us in receipt of military service pensions, including some people who are now sitting on the Fianna Fáil Benches.

I accepted that designation that Fianna Fáil applied to us; it was a roll of honour because it contained the names of men who served this country faithfully and well in its hour of need but, in publishing that, Fianna Fáil appealed to the cupidity of every poor unfortunate devil in the country who had not got a living. They so influenced the people of the country that the question of military service pensions stank in the nostrils of everyone of them. Military service pensions were attacked, not only by Fianna Fáil, but by people from whom one would expect better. It was said that no Government ever gave a youngster a pension for short-time service. They were attacked by Fianna Fáil on the one side and, on the other, by what might be called the pro-British element or the ex-Unionist Party in this country and also by one-time members of the Irish Parliamentary Party. The charge made was that nobody ever got a pension for short-time service but these people forgot that young fellows from Britain were recruited to the R.I.C. in this country, that the first recruit came to this country in December, 1919, and that the last was taken in in May, 1921. These recruits were then known as Black and Tans as distinct from the Auxiliaries.

Now what do we find? Let us examine the treatment the British Government gave these men. They were excluded from the R.I.C. Articles of the Treaty but what did the British Government do for them? I refer Deputies to the Command Papers of the British House of Commons, Volume 17, 1922, Command Paper, 1719. What is the pension to-day of the British recruit to the R.I.C. who had a service of one year or under? He has a pension of 18/6 a week or £47 16s. a year for the rest of his life—for less than one month's service in some cases, because the Truce came in July. They were demobilised on the 11th January, 1922. The ordinary R.I.C. British recruit or constable, if he had over one year's service, has a pension of £50 14s. 6d. a year and if he had over 18 months' service, his a pension is £68. So that the most junior of these young fellows who came into the R.I.C. after December, 1919, has a pension of £68 a year. Yet according to certain people nobody ever got a pension for short-time service. Comparisons are odious——

Hear, hear.

But just imagine the pensions that are paid here, pensions of £5 a year. In reply to a Parliamentary question here, it was stated that the minimum pension paid is £2 15s. 11d. a year or something like that-a pension of £2 15s. 11d. for serving this country and there is nobody in receipt of that £2 15s. 11d. who has not more than three months' service. To go up a bit in the ranks on the British side, the head constable in the R.I.C. with the minimum service, that is, under 12 months, has £82 16s., the third-class D.I. has £115, and if he became a second-class D.I. he has £137. If he is a first-class inspector he has £303.

I want to deal with this point first. I want to show the parsimony of the present Government and of the previous Government, as far as we are concerned. I do not exonerate one more than the other. I can, however, defend the 1924 Act and the administration of it, but I cannot defend the 1934 Act and its administration, because conditions have been much more settled and much easier since the passing of the 1934 Act. The total of military service pensions paid under both Acts amounts to about £400,000. Perhaps I could put it this way. Under the 1924 Act the total amount payable per annum is £148,800 and under the 1934 Act, up to date, the total is £274,146. I have heard certain criticism and, of course, it was just criticism in a way. People said: "Look at the criticism which the Fianna Fáil Party expressed in regard to the 1924 Act, but look at what they are doing themselves."

After swearing they would not pay any pensions at all.

Yes. But mind you that sum of £274,000, as I pointed out in the first instance, covers Cumann na mBan, who were not included in the 1924 Act, and also people who were neutral and took no side during the civil war. I hold that the expenditure under both Acts is totally inadequate for this reason if for nothing else. The Appropriations-in-Aid of the Army Vote this year amount to over £200,000 and the bulk of these Appropriations-in-Aid is made up of proceeds from sales of old uniforms, scrap, old iron, etc. Therefore, the proceeds of sales from scrap in the Army is sufficient to pay pensions under one Act and yet we have people saying that these pensions amount to a very high figure. Deputy Anthony thinks the expenditure is too much. The Pensions Bill for the few thousand people who joined the R.I.C. is exactly £1,300,000 a year. Yet we knocked hell out of them. We knocked hell out of the Auxiliaries and out of the British military, too, and out of the "go-boys" in this country who are now shouting against pensions. Deputy Anthony says that it did not require very great courage to go to a house in which there was only one man, but it was not the one man in the house that had to be considered; it was the British forces backing the man that created the danger. It was not what one had to suffer from that particular man but what one might expect from the forces that man could rally behind him and the punishment and the hardships that could be imposed by these forces.

The Act as it stands is ample to deal with every case, but it is the administration of the Act about which I complain bitterly. The fact of the matter is that there was no great difficulty in people, who applied in the first year of the administration and whose cases were heard then, getting a pension. I want to be quite fair by saying that in the granting of pensions there was neither fear, favour nor affection shown. I do not charge the Administration with any malpractices. Pensions were granted as the claims were established, but then, of course, old Mother Hubbard in the Department of Finance got busy. It did not matter whether you were entitled to a pension or not; once they made up their minds on what they were going to pay, that was the end of it. Now, is it not time that justice should be done to the men and women who served this country? I admit candidly that were it not for the Civil War we probably would never have had military service pensions, but that is beside the point. Military service pensions are there; they have been granted and there is an obligation, I insist, on the Government of the day, whoever they are, to see that justice is done to everybody who is entitled to receive a pension or a certificate of service. There is nothing to stop a person who receives a certificate of service from refusing to accept the amount to which he would be entitled. He can send it back if he does not want it but, like everybody else, we are anxious about our honour and we like to have a certificate testifying to the service that we rendered in that particular period. If this was going to be a recurring expenditure for any length of time there might be something in saying: "Well, we cannot continue this expenditure indefinitely."

Look around at the comrades of those days, and the comrades of the past-we are getting few and far between. We are getting grey haired and old, and in another quarter of a century, how many pensioners will be left? There may be a few dodderers like myself who intend to live to be 100, but I feel that I will be going about then with a long, white beard and if any members of the Fianna Fáil Party are left, they will say that I am a great fellow and they will boost me for all they are worth, but that will be no good to the comrades who have suffered during this period.

I insist that whatever sum is necessary to give recognition of their service, this House should provide it. The British Government is paying out £1,300,000 in respect of the Black-and-Tans. The difference between the Volunteers and the Black-and-Tans is that the Volunteers were volunteers, and that the Black-and-Tans had a paid holiday in this country. Soldiers of this country are getting only one-fifth of what has been paid to the Black-and-Tans and I insist that although £1,300,000 would not be enough to give recognition to the Volunteers who served, at least they should be entitled to something around that figure, and if it were administered properly, every man who rendered service would secure recognition.

Let me come to the point of what constitutes service. I want to be quite clear on it and it is the farthest thing from my mind to cast any reflection on any of the three Referees under the recent Act. As far as they could, they administered the Act, and in passing, I want to point out that there were three people who constituted the board. Two of the members of the board could overrule the judge. One of them was a former Adjutant-General and the other was a prominent member of the I.R.A. who had 1916 service. Under the 1934 Act, the Referee is the sole authority. One of these three learned judges is a very decent man—I know it is said in this country that we never say anything good of a man until he is dead—and he did his best, but he did not know the circumstances, and our people in making their cases did not know how to present them. One half of the applicants under the 1934 Act firmly believed that it was sufficient to have been in the Volunteers and to have voted for Fianna Fáil to qualify for a pension. No doubt, the people took the same line under the 1924 Act. Mr. Beatty asked an applicant what he did in 1917. The reply was: "Does not everybody know what I did? I did everything." Mr. Beatty wrote down: answer he got: "Everything" and arrived at a total which equalled "Nothing." When I intervened, I was told I had no function in the matter but I was given permission to ask a question. I asked the applicant: "Did you slash down the roof of such a barracks during such an attack?" The applicant replied: "Of course I did; does not everyone know that?""Yes," said the judge, "but I did not know it." If I was not present, that applicant would have been turned down, and all the water in the world would not wash the Government, myself or the Referee of a charge of prejudice.

A number of these applicants—I will leave out that they were Fianna Fáil supporters—did not fill their forms correctly. The form itself is a statutory declaration and it was the basis of their claim. Anyone examining the form would see that it was a most formidable document, but, in general, the forms were filled up in a rough-and-ready fashion and many claims were rejected on the form alone. When I say rejected, I mean that the applicants got the usual 21-day notice. Again, when an applicant got this notice, he did not understand it. The only thing he could understand was that it had been decided that he was not entitled to a pension. This 21-day period was given so that the applicant might put up further evidence, but generally speaking, the interpretation of the document was that the claim was turned down. Scores, hundreds and thousands, were turned down on that point. I insist that no matter how learned the judges were, they had no idea of service or what constituted service. Time after time I have made this point, and I now make it on this Vote.

An O.C. was attacking Point A, which was surrounded by British forces. It was absolutely essential that he held particular roads during the engagement, and, in certain cases, the best men were left out on the roads, because they were going to meet the brunt of the attack by the enemy forces. The people who were under the commanding officer were before his eyes and knew what was going on. In a number of cases, they never fired a shot—in nearly every case in my area where there was an outpost, they never had to fire a shot, but the answer of the Referee is: "It was hard luck, but as you never fired a shot it was not active service." For a time, that state of affairs continued, and suddenly the decision was arrived at that persons who gave service of a dangerous and essential character were entitled to receive certificates. As it left here, the Act provided that people who served in Easter Week or between the 21st April and the 11th July, 1921, were entitled to certificates. Once it applied to these men, it was all right and that went on until about 100 or 150 people qualified. Then the bottom fell out of it, and a situation was created in which one man with a particular type of service got a pension while another man with a similar service was refused it.

God knows we have had trouble enough without creating more of it. I am not going to grumble against any member of the Volunteers getting a pension. The only complaint I have is that the largest sum any of them got was not enough, and I say "God give them the strength for years and years to draw what they are getting, and the devil thank the begrudgers". I insist that these grievances should be rectified, and that a board should be established which has full knowledge of the circumstances under which these engagements took place and the service rendered. Justice can be done in that way. No amendment of the Act is necessary; it is purely a matter of administration. In addition to the Act, there are regulations made by the Minister and rules made by the Referee—three codes. Before the poor devil of an applicant has a chance he has to know the whole three of them, but, mind you, very few of the applicants know anything about them until they go in and, after hearing one of these rules quoted, they realise that they are finished.

Three minutes to go.

I will try to shorten my remarks. This is one of the occasions on which I would feel justified in taking up the time of Deputy Lynch as well as my own. The political favouritism I charge is this: a regulation was made that 1935 was the last date for receiving applications. That was altered to 1936 and again in 1937 and later to 1938 and 1939, but 1939 was the end, and it was stated that under no circumstances were any applications to be made after that, although several brigade committees were at the time making their investigations. There were some people who remained true to the Republic and who refused to apply for a pension, but who, after a time, decided that, as the money was not Fianna Fáil money, nor Fine Gael money, but the people's money, they might as well apply. I told these: "As good Republicans you are quite sound in your philosophy" and they applied. A petition was sent in by our brigade committee that application forms be sent to these people.

We were told that, as the last day for applying had passed, nothing could be done. Then came the General Election of 1943 and a number of forms were sent out to certain people. I do not intend to take Deputy Tunney's line that that was not correct.

My argument is that, when the forms were sent out to those people, they should be sent out to everyone. The Minister, in reply to me, says that individual applications had been received prior to 15th July, 1943, which was the latest date for the acceptance of applications. Who was informed that July 15th, 1943, was the latest date? They say that there is no record of a list of names submitted to the Department in 1943 at that date, but that there was a list of names in May, 1943, which accompanied a registered letter. For a time, it was claimed that these letters were not received, so we started registering them to make sure that delivery was proved. My only hope is that the people who got these forms will get pensions, and that they will continue to support this Administration and, as I remarked earlier in this discussion, I hope they will live for years to draw the pensions. I have not the slightest grudge against their getting pensions —my grudge is that those who are equally entitled are not getting them, whether they are Republicans or anything else. I submit that the fixing of the date is an arbitrary procedure. Why not fix the 15th August, 1944? I assert that these people should be entitled to get forms of application in 1955, if they apply for them. When these men were giving service there was no fixed time or hour for them.

On the question of disability, there are widows of officers of the Volunteers left derelict with their families because they did not comply with some technical point. I do not know whether the Minister for Defence is responsible; I think he is not, but I can see the long finger of Lady Finance behind him. The widow and orphan may starve because some regulation or other is not observed. The time has come for that to stop so that the hardships of the widows and orphans of the men who observed their country in her hour of need may be relieved. The Government must see that justice is done, and I am sure that every member of the House will support them.

There is no reason why the democratically-elected Government we have should refuse to follow the wishes of every member of the Oireachtas. I appeal to the Minister and tell him that, if necessary, he can get all the strength and the power that the House can give him to do justice to these men and the dependents of those who fought between 1916 and 1923, because, for good or ill, it is part of the history of this country and every single person who fought, whether in the Four Courts or outside it, in 1922 should get justice. This Government should not let to-day pass without starting to give justice to those people who still have life. Finance will not be robbed nor any wrong done.

I understand that there is a limitation, so far as time is concerned, on this Estimate as on the others. For that reason, I shall be very brief, indeed. In the course of his speech, Deputy MacEoin asked on, at least, four occasions that justice be done. I want to assure Deputy MacEoin and Deputy Tunney that any steps directed to the granting of justice to those who fought for this country from 1916 onwards and who suffered because of their action will have my very strongest support. I have said that on more than one occasion on this Estimate. At the same time, I have a good deal of sympathy with the Minister. I understand that there are about 60,000 applicants for pensions under the various Acts. We have had an estimate—rather a liberal estimate— that towards the end of the period there were less than 3,000 effective and active members of the I.R.A. One is, naturally, inclined, in these circumstances, to be curious and to examine carefully any applications that may come before the board. Under every system or code of rules, certain persons will suffer hardships. I interrupted a moment ago when Deputy Tunney very properly asked that some clear definition should be given of "major operation" and "minor operation". Some doubt has, apparently, crept into the minds of the board which inquires into these matters as to what constitutes a major and a minor operation. Some clarification should be provided, whether by means of an Order in Council or an amending Bill.

I want to make my position in the matter quite clear. Frequently, I have urged in this House—I did it ten or 12 years ago—that wherever it is proved to the satisfaction of this court or committee that a woman has lost a husband or a son in action, that woman should be adequately compensated either by a liberal pension or a liberal gratuity. It is most regrettable to any decent, self-respecting Irishman to be met in the streets of Dublin, as I have been me on many occasions for the past nine or ten years, by men with collection boxes for dependents of 1916 men in the county home. That is what I have been confronted with from time to time and I have been here every Easter over a period of about 20 years. That is sufficient evidence that certain hardships have been created. On the other hand, let us see how far this country is prepared to commit itself to a policy which may have very enduring effects. We had two revolutionary periods. How one would designate these revolutionary periods would depend on the point of view which one had regarding them. In my view—a view which I held then and which I hold now to a very considerable extent—one set of men got pensions, which they richly deserved, for saving the country and dragging it out of chaos—what almost amounted to Balkanised conditions. That revolutionary period passed and we had a second revolution. It appeared to the ordinary taxpayer and citizen who wanted to live in peace and amity with his neighbours that another board was set up to provide pensions for those who endeavoured to destroy the structure set up by the first revolutionary movement and its army. After all, there is something to be said for the man in the street in this regard—the taxpayer who has to foot the bill for all these things. Deputy MacEoin very liberally interpreted, as I am sure we all interpret them at this stage, the intentions behind those Pension Acts—that, for the sake of the future peace of the country, it was a good thing to make these awards to those who took part in both these revolutionary movements.

Both having some pre-Truce service.

Yes. No objection was raised then and no objection is raised now to the setting up of machinery and the provision of money to administer these Acts. Deputy MacEoin said that it was in the administration of the money allotted for pensions and gratuities the trouble originated. If so, that ought to be a relatively easy matter to settle. Let us have regard to those persons who could not make a case for themselves. I am aware of a number of genuine cases in Cork, but I am also aware of some which are not genuine and it may be a very useful thing, from the point of view of political gain, to play up to everybody on such an occasion as this. I am aware of cases which were 100 per cent. honest and, because of some mistake in the filling of the forms, due to want of the necessary education, or some omission, the case was not so stated as to entitle the applicant to a pension. On the other hand, some claims have been made which no board with commonsense would allow. There are persons in Cork who gave very fine service in an administrative capacity, who were part and parcel of the whole machine, and who have not even applied for a pension. Persons who gave less service have applied—I do not know with what success.

Any Minister for Defence will have a very difficult and unpopular job in dealing with these pension claims. Hardships are bound to occur and, no matter what machinery is established, until it is proved to the satisfaction of the body set up for the purpose that the person is entitled to benefit under one of the Acts, I am afraid that nothing further can be done. I know cases where mothers deprived of their sons are now in straitened circumstances. I do not know what can be done in cases like that. If there is any revision of these Acts in future, I hope attention will be paid to the claims of widows and orphans. Something should be done for them. I have the feeling that under the previous Administration some mistakes were made as a result of which widows and others were deprived of pensions. Deputy MacEoin must know all about these matters and judging by his remarks steps should be taken to remedy any mistakes that were made. I have the greatest sympathy with the Minister's position, because no matter what he does he will be blamed for not awarding pensions to all who claim them. I read recently of a case where a pension was claimed by a woman who attempted to poison British soldiers in Cork Barracks. I am certain that no Deputy would have any sympathy with the claims of persons whose activities consisted in conduct of that kind.

The Minister informed us that he had 14 Pensions Acts to administer, and within the terms of these Acts he should be able to dispense justice to those with whose claims he has to deal. I want to refer to the position of fathers and mothers who lost the support of their sons and whose applications for pensions have been before the Minister for a considerable period. It is about time that some decision was arrived at in these cases. I am not suggesting that all claims should be granted, or that compensation should be awarded in every case, but decisions should be arrived at within a reasonable time. I am aware of a dozen cases of various kinds hanging fire for a couple of years. I think the Minister, with 14 Acts of Parliament at his disposal, should be able to get the machinery going and I urge him to expedite decisions. I want now to deal with the hardy annual of the Military Service Pensions Acts and to say that we are fortunate in having in this debate Deputies on both sides of the House with plenty of experience of active service. It can be taken that these Deputies spoke in the interests of I.R.A.

Deputy MacEoin was right when he stated that he knew of no piece of legislation which had evoked so much criticism as the Military Service Pensions Act. I waited patiently to hear some Fianna Fáil Deputies discussing the administration of that Act. I was told that they were prepared to do so. I invite them to do so now. I understood they were prepared to give support to the proposals put forward by the Old I.R.A. I invite their help now in view of Deputy MacEoin's plea. A dozen years ago these Deputies would have made the welkin ring as to the necessity of providing, compensation for men who won our national freedom. Have these men got all the compensation they were entitled to? I am afraid they have not. I am afraid that, within the machinery set up to administer the Military Service Pensions Act, there is very little chance of their getting the justice to which many of them are entitled. On every occasion the Minister gave as a reason for that position, that there was no definition of "active service" and that they did not want to exclude claimants. Deputy MacEoin pointed out some people are opposed to the granting of pensions for military service of that kind. If it was made clear that the Government was not prepared to give military service pensions, claimants would know their position. I believe a statement of the kind was made as part of the policy of the Fianna Fáil Party some years ago, but that it was abandoned later.

When the Cosgrave régime brought in a Military Service Pensions Act it was made a condition that there should be service in the National Army as well as in the I.R.A. There was a good deal of opposition to such a qualification. Those who were then in the wilderness said that they would not support any qualification of that kind. I think what was really meant was that it was not intended to introduce a Military Service Pensions Act at all. But for some activity on the part of those who had military service probably we would not have had the Act of 1934. Those who took the anti-Treaty side said that if pensions were to be given to those who took the pro-Treaty side, they saw no reason why they should not be entitled to pensions for service pre-Truce and post-Truce as well as those who got military service pensions. That embraced a number of people. A great many carried their service from pre-Truce to post-Truce.

Let us consider what kind of an Army we had from 1918 to 1922. Surely we do not consider that it was an army similar to the British, German or French Armies. Was it not an army that had to take advantage of every weapon that came to hand, to try to obstruct the operations of the British authorities? I doubt if a man who knocked down a bridge or blocked a road was not giving just as good military service as a man with a rifle who fired a shot. It must be remembered that there were not then sufficient rifles to go around, and that our people had to endeavour in every possible way to obstruct the operations of the British Government. While there is no use in pretending that we defeated the British Government during that period, we did make the operations of that Government impossible, and every person who lent a hand then rendered service to this State. I agree that there has been too much talk about these people not being entitled to pensions.

Deputy MacEoin was quite right when he said that some people were suspected by their own men, they were such good intelligence officers. I think the greatest recommendation such men could get was to be suspect by their own men, seeing how successful they were in hiding their identity. The Minister brought in people to advise him instead of those with experience of what "active service" consisted of at that period. Surely every man attested into an army on a war footing is on active service. Every man who has attested at the present time in the belligerent countries is on active service. Active service, therefore, would be different for the period I am speaking about from what it would be to-day and the Minister knows perfectly well that men engaged in hazardous work who did not stand behind a rifle and did not come under fire. The Minister set up a board, set up a Referee. I am not making any attempt to discredit the three men who acted as the Referees but I do not think any of these men had active service of any kind, that they had either active service as soldiers taking part in military operations or took part in defence preparatory work such as the blocking of roads or digging of trenches. I do not think they had any experience of that kind and these are the men who define what active service is.

There is a demand from men of the Old I.R.A. organisations that there should be a sworn inquiry as to how the administration of this Act is conducted. Surely there is a case for that. Surely there is a case for the Minister taking some senior officer out of the Army, some man with pre-Treaty service at the present time a trained soldier, and putting him in as one member of the tribunal and then taking an Old I.R.A. man who has experience also. Then appoint whoever you like as a chairman, appoint a judge if you like who is learned in law and in the Acts of Parliament and military codes, and let him direct the tribunal as to how evidence is taken and what is evidence in these particular cases. Let the whole position be examined by that tribunal. There is one thing that I have always missed in getting some of these cases examined. Those of us who helped from time to time ex-British Army men in endeavouring to secure their pensions always found there is such a thing as the soldiers' friend. He gave very valuable help to the averaage British soldier in trying to secure what the soldier was entitled to from the British authorities. We have no such thing here. We know how these fellows come up from the country. Some of them have never been ten miles from their home town. A man comes up here and goes into the office and he is cross-questioned. We know that men will break down very easily before the fire of a cross-examination by people trained in cross-examination and people whose profession is to cross-examine and confuse. That is what they are there for. It is before these people that these men come and that is the reason a great many of them fail to make their case as fully and adequately as they should make it.

I have had an opportunity of discussing matters privately with the Minister and I firmly believe that the Minister does not want to avoid facing up to this situation. I want to help him to force his Cabinet to try to face up to the situation and the dissatisfaction that exists. Deputy Anthony says that there are 60,000 applicants. I do not know how many applicants there are, but I know there are many applicants who can justly claim that they have grounds for their claims. I want to help the Minister to secure a tribunal that will give examination to the claims that have been turned down by his referees. The Minister said before that these claims were sub judice. Well, there may be a few of them but, of course, he knows perfectly well that the whole body of them are not sub judice. The whole body of them can be discussed in detail here and it is just as well that he should get through with them and not have it coming up as a hardy annual.

I want to finish on the note that I have at least half a dozen letters from Old I.R.A. men who assure me that many of the Fianna Fáil Deputies are in favour of an inquiry such as I have indicated. I invite them now as the proper time to show that they are in favour of this court of inquiry and I invite them to tell the House and the Minister that it is time that this court of inquiry was set up and to tell the Minister that to their knowledge there are many cases up and down the country that should be re-examined and that a tribunal with men on it with experience of active service should be set up to examine the cases I refer to and give a decision on the merits of the cases themselves. It is not on the point of whether we can pay. If we cannot pay we should never have brought in the legislation. If we could not pay the men with service in the Old I.R.A. and in the Army then the previous Government should never have brought in the Act of 1924 and if we cannot pay the men with service in the Old I.R.A. and the period after the Treaty the Fianna Fáil Government should never have brought in the 1934 Act. But having brought them in you should not continue to give the impression that the Minister for Finance or favouritism of some kind is preventing the just administration of the Act and preventing people who are entitled to it from getting their fair share of the amount of money voted by the Dáil for pensions. That is the impression created and the sooner the Minister dispels it the better for the Minister and the better for the country.

I would like to say a few words on this. We discussed this on the Supplementary Vote, and in my appeal to the Minister on that occasion I asked him to allow applicants who have been turned down to produce additional evidence which many of them tell me they can do. I think that the Minister should see that that is done. Great hardships exist in the country as a whole. For instance, two brothers were in the same ambush and one of these men is getting a pension and the other is not. There must be something wrong there, and I hold and maintain that one of the brothers did not make a good case for himself when he came up to Dublin and came before the representative of the Finance Department. The representative of the Finance Department examined him and he went down on his examination. I think that that is really the great difficulty that these men down the country have to face.

I have another case of a man who was asked who would guarantee that he had been wounded. As I told the House before, this man was in a very big ambush. He was badly wounded. The doctor near the place was not friendly, with the result that his comrades had to hide this man in a clamp of turf. He was treated locally by what we call in the country "a quack doctor". That man is not able to produce a medical certificate, due to the circumstances I have mentioned. Since he was wounded he has never been able to lift his arm. Men in his position should be allowed to put their cases forward again. There is the case of another man who was on the top of a police barrack removing the slates. He sat on an old mattress when bullets were going up through the roof of the barrack. His case has also been turned down. I think it is going too far to turn down such cases. I ask the Minister to allow those men to put in additional evidence. In my opinion the present Act would cover all such cases and that no amending Bill is necessary.

Deputy Hogan spoke on the legal aspect of the matter, but for my part I do not think it would be necessary to set up a new committee to consider these cases. The one that has been investigating cases for the past few years would, I think, do all right. If those men were given an opportunity of producing additional evidence they would be satisfied. If they do not get that they will be dissatisfied. If a vote is challenged on this Estimate and I have to obey the Party, I will be sorry to have to vote against those fellows. I know the Minister's intentions are good. With Deputy Hogan, I would ask him to approach the Minister for Finance and ask him to leave this matter open for another year or nine months so that the men concerned will have an opportunity of producing additional evidence.

I make the same appeal on behalf of members of Cumann na mBan. Many of those women gave great service and made great sacrifices during the period that we are considering. They are now married women. At the period I speak of, they went into the hills and nursed wounded men and on many occasions, as I know myself, they were fired on by the British Forces. In certain districts applications for pensions on their behalf have been turned down. I hope the Minister will give consideration to their case and to that of the Old I.R.A. Deputy MacEoin made a very good case for the men concerned, in one of the best speeches that I have heard for a long time. I would ask the Minister not to have this matter put to a vote, but to accept the suggestions that have been put forward.

Mr. A. Byrne

I desire to support the requests made to the Minister by previous speakers. If it is not possible to grant pensions, then let gratuities be granted to those who gave service in the period under review. I, with others, have raised this matter on previous occasions. A number of those men waited on practically every member of the House about a month ago. They told us that men who had served the country were now suffering hardship, and asked if we could do anything that would tend to improve their position. I think that, instead of appealing to the Minister to do something in these cases, a united demand should go forth from every part of the House on behalf of those men. In cases where service is proved, then let an adequate gratuity be paid.

There is also a difficulty in regard to soldiers who are killed and those who meet with accidents and are discharged. In the case of death, parents sometimes find a great difficulty in proving dependency. The position should be made easier for such people. We have also the cases of soldiers who suffer a breakdown in health. Unless a soldier can show that his breakdown in health was due entirely to something that happened in the Army, he is not entitled to consideration. To say that his ailment was aggravated by Army service will not be accepted. We all know that young men joining the Army have to pass a severe medical examination. After some years of training they may have a breakdown in health. They may be suffering from tuberculosis or some other disease. They are told that their Army service was not responsible for that, and they are fired out on the scrap heap. In such cases the parents have to do the best they can for them. If the soldier dies, the parents have to depend on friends or on some form of assistance.

I also desire to draw the attention of the Minister to the inadequacy of the allowances that are being paid to the widows and orphans of officers and men who have died in the service. These allowances have not been increased during the past five years, and, as we all know, the cost of living in that period has doubled, if not trebled.

The present allowances are totally inadequate to provide the necessaries of life. Appeals have been made from many parts of the House for a bonus for pensioners who have served in various Departments. I myself asked that a bonus should be paid on the pensions awarded to discharged or retired postal officials who are trying to live on 15/- or 16/- a week. Appeals of the same kind have been made in the case of employees of local authorities who have been on pension for some years. The widows of the officers and men that I now speak for find themselves in a sad pecuniary position. Their husbands gave good service in the Army, and I suggest to the Minister that their widows and children should not be forgotten. If a bonus is being given by the State to other retired servants, then I suggest it should not forget the dependents of those who gave good service in the Army. We should not forget the widows and orphans of those men who died before the emergency. The allowance which was fixed as a reasonable allowance for them then will only buy half the quantity of necessaries of life to-day and I earnestly appeal to the Minister to consider that point.

Deputy Anthony has referred to the pensions granted under the 1924 Act as granted to people who had defended the State in its initial stages and to pensions granted under the 1934 Act as granted to people who wanted to destroy the State. That is a misleading description in each case. Under both Acts, the primary reason was pre-Truce service. The 1934 Act also included men who did not take action after the Truce. The compensation paid to those men was not excessive. Apart altogether from the risks to life and limb, there was a loss of time which they could have devoted to advancing themselves in their particular career or profession. That loss was very considerable in the case of men who gave active service. Even where the maximum pensions were paid, they are not, on the average, as well off to-day as they would have been, perhaps, if they had given no service to the State. I do not think anybody should seek to misrepresent their position. Neither should it be suggested that a bad precedent would be established by giving pensions to able-bodied people. The circumstances under which these pensions were earned are not likely to recur in the history of this country. We had only one successful War of Independence in 700 years and it is to be hoped that another war will not be necessary.

The Minister should make perfectly clear the position of applicants who have been turned down and who still have an opportunity to appeal for reconsideration. He should make clear to them what steps they should take and should remember the position of those who are outside this State—in the Six Counties, in Great Britain or the United States—and who may not have an opportunity of seeking that reconsideration. By reason of the difficulties of communication at present, those people may be at a disadvantage and the Minister should make special arrangements in regard to their claims, where necessary.

I had not intended to intervene in this debate, as I said most of what I intended to say when the Supplementary Estimate was before the House. I had not waited until then to express my views on the constitution of the board. I have turned up a report of the debate on the Estimate for Army Pensions in March, 1936. That was when the 1934 Act was just beginning to come into operation, as an inordinately long time elapsed before any pensions were granted under that Act. It is easy to understand that the preparatory work occupied quite a long time, as 20 years had then elapsed from the time of the Rising and 15 years from the time of the Truce, making it difficult to collect the evidence.

I was not in the House to hear Deputy Anthony's remarks, but I have listened with interest to what Deputy Cogan has reported of them. In the 1936 debate I have referred to, I stated that, no matter what view one might have taken of the civil war, the House had passed the 1934 Act and, as a consequence, certain persons were given certain rights and were entitled to have those rights dealt with as expeditiously as possible and with a bias towards the applicant, in accordance with the intentions of the House. I went on to say that the board under the 1924 Act was more favourable towards the claimant than the type of body established under the 1934 Act. I advocated then that the law should be changed—which was not strictly allowable on an Estimates debate—and I advocated the amendment of the Act, in order to bring in the type of board we had under the 1924 Act. That board consisted of two Old I.R.A. men and an independent chairman, who had nothing to do with the Old I.R.A. In that respect, I disagree with Deputy Hogan's point that it is a fault in the referee that he should not have had pre-Truce service or service in the Old I.R.A. In fact, the chairman of the board had no such service: he was a district justice.

He was the chairman of the board.

The chairman had no I.R.A. service, but as the board was then constituted, any two members of the board decided whether or not a person was entitled to a pension. I have said already that I cannot remember one instance where there was a difference of opinion amongst the members of the board. They thrashed the matter out and, as far as I can remember, the decision was always unanimous. The administration of that Act is now almost complete, except in so far as appeals are concerned. It is idle to talk now about the type of board, since something was not done away back in 1936.

I think that blame is attached to the board in many cases unfairly. Perhaps I should not refer to this as a board at all. It is not really a board; it is the referee who is the deciding person, and he is assisted by an advisory body. But I think a great deal of the blame that is thrown on the referee should more rightly be thrown on the persons whose duty it was to see that verification was properly done.

The people who administer the 1934 Act have difficulties that we did not have to face under the 1924 Act. In the first place, ten years more had passed from the time of the 1924 Act, thus making it more difficult to collect evidence of events that occurred many years before, especially evidence relating to pre-1921 incidents. There are also other aspects of the 1934 Act which made things more difficult from the point of view of administration. We who formed the board under the 1924 Act had not the question of rank to consider, and that is a very burning and very difficult question which arises in a great many cases under the 1934 Act. Ranks were fixed for us under the 1924 Act by the rank which the man held on his discharge from the National Army. In the second place, they had to deal under the 1934 Act with large numbers of persons of a type we had not to deal with. I am calculating that the persons who took part in the civil war on the Minister's side would equal-out with the persons who took part in the civil war on my side—those in the National Army. The 1924 Act deals with those who had pre-Truce and National Army service; the 1934 Act deals with those who had pre-Truce service and service with what we called the "Irregulars", those who opposed the State in a civil war. I calculate that those would balance out.

But there was another group introduced which naturally came in when the 1934 Act was being passed. It was the intention of Mr. Staines, who was a Deputy or a Senator at the time, that the "neutrals" should come in, those persons who had service pre-Truce, but who took no part in the Civil War; and there were also the Cumann na mBan. I forget whether that organisation was provided for in the original Bill; I do not think the Cumann na mBan were provided for in the 1934 Bill as drafted and introduced. At any rate, examination of the cases of persons who took no part in the Civil War, but who had pre-Truce service, together with examination of the cases of persons connected with Cumann na mBan, added enormously to the work this body has to do. It is fair to them to say that, because comparisons might be drawn. It might be mentioned, for instance, that we discharged the duties under the 1924 Act in four years to the day. The 1924 Act became law on October 1st, 1924, and all papers and documents were handed over to the Government archives on October 1st, 1928. But we had a much easier job.

I think a large part of the blame is due to the slackness of the verifying officers attached to the brigade committees in the various brigade areas. In some cases there is something more than slackness alleged, and I am afraid I have come to believe that there is some foundation for that allegation— that some of the members of brigade committees, once they had looked after their own pensions and the pensions of their pals, did not worry themselves too much about their other old comrades. It is a shocking thing to imagine that that could be done, that there are persons of that type; but one has to come to the conclusion that that is so —that once they had looked after themselves and their friends, they took precious little care to worry about their other old comrades.

When I was speaking on the Supplementary Estimate, I mentioned that I had become almost convinced that something of the kind occurred in the Kerry No. 2 Brigade area. I have had no such complaints, or anything like the volume of complaints at any rate, from the other brigade areas in Kerry, the No. 1 Brigade area in the north and the No. 3 Brigade area in the extreme south—my own native area. I have had no serious complaints about the work of the brigade committees in either the north or the extreme south, but I have had scores, even hundreds, of complaints about the work of the brigade committee in the Kerry No. 2 area, the east-Kerry area. I had allegations from persons on whom I have very great reliance that certain members of that brigade committee were not themselves entitled to pensions, and that by one circumstance or another at the start they worked themselves in to be members of this committee, looked after themselves and their friends, and then acted in a way that was extremely contemptible, to say the least of it. They took no interest whatever in seeing that the cases of other unfortunate fellows were attended to.

Some of those unfortunate men, through Volunteer work, through neglect of their education, largely because of their Volunteer activities, are now almost illiterate and are incapable of dealing with those rather instricate forms. Some of these men did not get anything like the assistance they should have got from the brigade committee, and for that reason I lay the greatest portion of the blame for any flaw there has been in this Act on the neglect of those bodies throughout the country rather than on the Referee and the advisory body here.

I do know that the staff up there are extremely helpful. Most of the members of the staff, to my own knowledge—the persons I have come across—were themselves active men in the Old I.R.A. Many of them were civil servants then and many of them lost their positions in the Civil Service and they were reinstated after the Truce or subsequent to that period. They have the interests of the pensioners at heart and I know it melts their hearts to see how very badly certain cases have been presented, largely because of the negligence of the brigade committees. The secretary of the board is outstanding in that respect. I think any Deputy who has approached him in connection with military service pensions cannot but pay tribute to the work he has done. I say that the more gladly because he and I were on different sides in the civil war.

I do not know that any good purpose can be served by what is asked for in a file I have here from the North Kerry Executive. I am rather amused at getting it, because I had occasion a couple of months ago to give a very stern public rebuke to this body in the Kerry Press for making statements for which there was no foundation, and which they ran away from when I did give them the rebuke. At any rate, I have this file which advocates a public sworn inquiry. I say that I do not see what good purpose could be served by it. But, since some good purpose can be served by it, I think the Minister might give way. I do not see what harm it could do and it might do good. Personally, I should like to see an inquiry by some body into the operations of the brigade committee in the Kerry No. 2 area. It would relieve the minds of a great many people if such an inquiry were held and it might clear the air. If there is anything in the allegations that are being made, then that will be shown. On the other hand, it will be to the advantage of these brigade committees if these allegations are disproved. Therefore, I would support the holding of a public sworn inquiry to that extent.

The operation of the abatement of pensions works out very peculiarly in some ways and I wonder whether, at this hour of the day, we might not reconsider that whole business. The abatement of pensions was provided for under the 1924 Act. Everybody who has any experience of legislation knows that once you create a precedent of that kind you will never get away from it. There was a case for it in my view under the 1924 Act and I will tell you why. There were a lot of young fellows being demobilised out of the Army in 1924. The State was young. There were a certain number of vacancies in various public services at the time waiting to be filled by suitable persons; but there were only a limited number in comparison with the number of persons who claimed to have a good deal of national service and who would be looking for them. Therefore, it was really a way of limiting the number of applications for posts in the public service and in the service of local authorities, by making it more attractive for those persons who got pension to look for employment outside; in other words, if they got employment outside there would be no abatement in their pensions, whereas, if they went into the public service, there would be an abatement by which, in many cases, they would lose all their pensions and, in all cases, lose a proportion. That was the case for the provision in the 1924 Act.

There is really no case for continuing it now, especially in regard to what you might call the more lowly-paid workers. I say that there is justification even still where a person has a high salary—£500, £600, £800 or £1,000; there would be no point in such a person expecting to get paid his pension as well. The extraordinary thing about it is that, if the service had been given in Germany, Japan, or Great Britain, the person would be entitled to draw his full pension. But because his service happened to be in Ireland and the money will be coming out of the same pool, there is a provision that a person drawing a salary of a certain amount cannot draw any pension at all. But that should not apply to the junior clerk in the Civil Service or under a local authority or a person of that kind whose usual salary is only £2, £3, £4 or £5 a week. That kind of person might be allowed to escape the abatement of pension. It is now 23 years since the Truce, and I think it is time that we should wipe out that abatement, especially in the case of persons having up to, say, £300 a year.

The extraordinary way in which this abatement works has come to my notice lately. There are certain members of the detective division here who had pre-Truce service and were entitled to military service pensions. Because they had completed 17 years' service in the detective force, they were recently granted a munificent increase of 2/6 a week or £6 10s. a year. That brought them from one class into another, with the result that they lost £8 of their military service pension. By getting an increase of £6 10s. a year they suffered a nett loss of 30/- a year. Some provision ought to be made—I think it could be made administratively—by which that could be got over.

There is another very peculiar arrangement in connection with the same people. Some of them, who are married, in lieu of housing, uniform and boots, get a cash allowance. First of all, they get an allowance for uniform and boots and then they get an allowance for married quarters. Because that is paid in cash, there is an abatement of their military service pensions. If they were single men living in and getting these benefits in kind, they would not suffer this abatement in pension. That is an anomaly. I am almost afraid to mention that, because I fear that those living inside will suffer an abatement which they were escaping before. I hope that will not be the result. I think that type of allowance should not be subject to abatement at all—the cash allowance in lieu of housing and uniform. I shall wind up on the same note on which I wound up on the Supplementary Estimate. I ask the Minister to refer back all cases which come to him and let these people have another run for their money if they think they can put their case more lucidly than it was put before. Do not stand too rigidly on this question of new evidence, because some of that evidence when presented more lucidly might be tantamount to bringing a man over the border line and qualify him for a pension. I suggest that the Minister should send these cases to Mr. Cremin and let him decide whether or not, on the evidence that has newly come in, they would be worth referring back to the board. I think that the applicants could wisely accept his verdict as to whether or not they would be eligible. Of course, it would be throwing additional work on him, and I am sure he will not thank me for that. But, from my experience of Mr. Cremin's work there, I think that, if he were given a discretion, after looking at the new evidence and at the files in his possession, looking at what came up before and the new evidence, he would be able to say whether the case was worth referring back and I should leave it to his judgment. If the Minister would agree to that, I believe the applicants would be well served.

Mr. Larkin

Upon another occasion I approached this matter in a spirit of accommodation and I am going to make the same appeal again to all sides of the House. The motion is one that a Minister or a Government must reject. Are members of the Government Party honest in the statements they make outside this Assembly and in the letters they have written to men who complain about injustice? What are we to think of ambiguous statements such as that made here a moment ago by a Fianna Fáil Deputy, who, I think, when it comes to a question of voting in this House, will live up to the principles he has always lived up to, despite any Minister or any Government or any Party? Either there is an issue here or there is not an issue. Are there any men who gave service to this country who have been treated unjustly or unfairly or who have not had their case stated as it might be stated? Is that true or not? We had two members on this side speaking on behalf of the I.R.A. Incidentally, there is never any mention of the I.C.A.

They are always included.

Mr. Larkin

In my day, they were not included and maybe that was the unfortunate reason. We have also heard reference to-day to Cumann na mBan but if I were an I.R.A. man, an I.C.A. man or a member of Cumann na mBan, and had to seek assistance and sympathy from certain Deputies, I would be ashamed to be associated with the application for that reason alone. The Minister knows the background of this matter, and I submit that he should not allow himself to be misled by certain appeals on this issue. Nobody will challenge the deep sense of sympathy of the Minister with all the groups associated with this movement—the I.R.A., the I.C.A., Cumann na mBan and American Alliance.

What is the issue? Certain men and women went out and risked everything —position, preferment and even the ordinary chance of life. Some have been treated partially and some impartially, and there is a deep feeling of dissatisfaction amongst the men who had any connection with that period. I do not know why it is limited to 1916. The 1916 period could not have taken place, were it not for 1915, 1914 and 1913. I was in Ottawa when word came across that the men had gone out in Dublin. I went to New York as fast as I could and got in touch with those associated with headquarters. I saw there an exhibition of incompetence and lack of knowledge of the people here. I saw in an official paper three photographs of men who were said to be out in the Rising in Dublin. I would forgive the ignorance of those in the movement in New York because many of them were using the movement for political reasons for themselves, but there were men in the movement in America who knew intimately the men at home, and when one saw Sheehy-Skeffington with two foul beasts that cursed the world for too long and put forward as two of the revolutionaries who were out in 1916, it made one pause to think. I do not want to mention the names. They were put with men of great purpose, high-souled men, because of this lack of knowledge of the movement.

The same thing occurs to-day. There are people trying to use this movement to-day, trying to use the needs of these men and women, and we know what they were doing in 1916, 1915, 1914 and 1913, and what they were doing up to 1922, if the truth is found in the places where it can be found. Now we get a certain sympathy for these men and women which is being utilised by mischievous elements who pretend that they have the right to speak. There are many sections of the I.R.A. movement, and I suggest that they might get together on this issue, and go with other men and women who do not forget the historical truth and who know the things that happened and the services rendered, to the Government and say: "Let us set up a court of qualification, a court of inquiry, and finish this matter." I do not care whether you put Mr. Cremin, Deputy Moylan and my friend, Deputy Lynch, on that body. Everybody knows that these men have records. They have had their differences of opinion, and I hope they have settled them.

Let these men sit down and let these other men come before them and say: "This is my position and this is where I was." If that body says: "We cannot recognise your claim", that finishes it. Let us get this thing finished in this generation. I remember seeing a woman in America who was getting a pension from the American Government in respect of a man who fought in 1776. We now have people claiming that they were associated with the movement here, and I see some of them getting pensions whose attitude in the years before I left for America we knew. We also knew what their attitude was when I came home and when the two sections here were at death grips with each other. But they have pensions.

I mentioned to the Minister on the last occasion the name of a man whom he knew when he was a boy running around the North Circular Road. He knows his son who was in his own brigade. That man had a British Army pension which he gave up when he went out in 1916. He was out before that, and I suppose he took more arms over Portobello wall than possibly any man in Dublin. His pension was taken from him as soon as he was tried by the British, and he afterwards was an applicant for a pension here. He would not apply for a pension under the 1924 Act, but when the later Act came into force, he applied and got a pension. For all his years of service—in jail, on hunger strike and getting ammunition—he got a pension of 5/- per week. He lived for two months afterwards. The treatment he got after all his appeals broke his heart. That man was Patrick Kavanagh, one of the first members of the Citizen Army in Dublin.

There was also the man I spoke of previously, John Cooper, who lay for 11 years in hospital in Dublin, as a result of injuries sustained in 1916. Not a soul ever went near him to give him a drink of water and it was only by accident that he was discovered. He got a pension of 5/- and, when he died, he had not a soul in the world to bury him. No Tricolour was put over his coffin and there was not a penny came from those who were his comrades. I was glad when I saw him in the earth. I could mention thousands of others like him. I meet them in the streets of Dublin— men who were wounded and men who developed organic diseases. I remember my own sister treating a man for four years for wounds he had received. He could get no doctor to treat him at that time, and when he went to get his pension, he was not even considered. I knew that man when he was only a boy of 16 in Fianna Eireann.

I suggest that you set up a body of men like Mr. Cremin and one or two others associated with him to which these doubtful cases could be referred. Let the men be told when going into that board that they will get every help in filling up their papers. In that connection, what Deputy Lynch and Deputy MacEoin has said is true. It must have been some lawyer who drafted these forms for the purpose of disqualifying people. Surely the issue is: were you in the service of the nation; with whom were you associated; and is there anybody who can verify your statement? Take my own case. I have been asked in a number of cases to act as verifying officer and to state in writing that I know the men involved in the particular application. My statement was accepted. I had occasion, not because I wanted a pension—whether I deserve it or not is another matter—to put in an application under the 1934 Act. I need not tell the House that I would not have put in an application under the 1924 Act. If that Government had remained in office to the day of judgment, I would not have moved, but I thought I would put in the application when a Government was in power with which I had a sort of sympathy. To this day, I have not received even an acknowledgment of my application.

Whether I was giving service in 1916, 1917 and 1918 is a matter which will have to be justified in some way, but the peculiar thing is that the Government of 1921 and 1922 paid people to defend me against charges arising out of my actions on behalf of this country. I must have been doing something, although I do not, like many people, tell everybody about what I am doing. I suggest that there may be a lot more men and women here who have as good a right to having their cases heard and giving them an opportunity to justify their position. I remember that when I came back here from America—there had been a deputation of I.R.A.-men and officers, waiting for me in New York, who told me what was the position here at home, and I was still on active service—and I saw men here who were claiming that they were carrying on the fight in 1922 and who afterwards claimed that they carried it on up to the cease fire order, but it did not seem to me at that time that they were interested in anything. I knew everything about them, and it appeared to me that all they were interested in at that time was going to race-meetings and getting all the drink they could. Yet I saw applications for pensions made by some of these men, and they are getting pensions, although, of course, some of their pensions are an insult to anybody.

With regard, to the abatement of pensions, I think it is only right that there should be some abatement in the pension of a man who is already receiving a salary of £400 or £500 a year from the State, but I cannot understand why there should be no abatement in the case of a man engaged in an industry, let us say, and earning a salary of £5,000 or £6,000 a year. As I have said, I can understand an abatement of pension in the case of officials of the State who are drawing large salaries from the State, but I do not think there should be any abatement in the case of the lower ranks, where a man is earning only £2 a week. Yet that man has to suffer an abatement in his pension also. Worse than that, if he applies for work on the rotational system under the Dublin Corporation or any other such body, the fact that he has a small pension comes up against him, and indeed, for a few years, until I broke it down, preference for ordinary labouring work, in one case, would not be given to Old I.R.A. men. I think it would be agreed that preference should be given to a man who had served in the field, and eventually it was agreed that an Old I.R.A. man should get 25 per cent. preference in regard to ordinary street work, ordinary labouring work. As soon as he gets that job, however, he loses the few shillings that he gets by way of a pension, and if he goes to the Labour Exchange to get his turn in rotational work, when he states that he has a pension he is cut off and cannot even get a term of rotational work. If that is not unfairness and absolute victimisation, I should like to know what it is. What is the good of giving a man 5/-, 10/- or 12/- a week, and then depriving him of his ordinary chances of life? I could quote dozens, even hundreds, of cases of that kind. Here you have men on the point of starvation, and just because they have these few shillings they are to be deprived of getting their ordinary chance in life. I do not think that there is any man on those benches over there who could venture to justify that, and if there is any such man then I do not know what type of man he is.

I would not mind so much if this were going to cost some enormous amount of money, but actually it would only cost the country a few pounds. You all have heard the indictment that was made to-day by Deputy General MacEoin. It is time that somebody called attention to the matter. Here you had an organised gang of bloody murderers, in half uniforms, brought over here to attack our people. These people gave 12 or 15 months' service against the men on our side here, the men who are now lying dead. You crucify the dead, belie the living and deny them the right to live, while these foul beasts who came over here to murder our people— people who have had no equal in the annals of any country in the world— are getting in pensions over £1,000,000 a year. Some of them are getting pensions of £1,000 a year after giving about one month's service in fighting our people, and yet you refuse to your own men, some of whom have developed all kinds of organic diseases as a result of their service to this country, a decent pension or even the right to live, just because it might offend the Minister for Finance; it might worry him; there may not be enough in this country to pay it, and so on and so forth. Why did you put your hand to the plough at all if you were not prepared to go ahead with it?

The Government that was in power at the time of the 1924 Act, of course, had men in uniform serving under it, and they could clearly point out that they were serving in the Army and could easily get the records, as has been stated. They had had four years in which to get these records. Then you had a hiatus of ten years, and after the lapse of that period, men had lost touch; they had lost documents, some of those who could have verified for them had died in the meantime, and so on, and it was difficult to get the records in the cases of these men after ten years. You had a statement here to-day, however, about two brothers who took part in an ambush, and when I was listening to that I was reminded of how it coincided with the case of men that I know of. Two men had gone with a certain man, who had rendered a great measure of service to this country—he carried the stamp of it on his face and on his body—and these two brothers were to keep open the avenues of approach to the place of ambush. They were to hold up anybody who might come along. One brother got a pension while the other, who, in my opinion, had given more service, never even got a chance to put up his case. Yet both of them had been in the fighting. One had been in the British Army, came over here, threw off his uniform and stepped in to take part in the fight for this country. These are the kind of cases we meet with every day. You listen to these men or to deputations on their behalf. You get letters from them, but what is the use of all that if you cannot open the eyes of the Government to the facts as they exist, and get them to agree to grant even a measure of justice to these people?

That is all we are asking for. We are not asking to give pensions to people who do not deserve them. If I thought that a fellow was a humbug— and I can damn quickly reckon a fellow up—if I knew in my heart and soul that he was a humbug and was only playing a game, I can assure you that he would not get away with it so far as I am concerned. I know Mr. Cremin. He is an intelligent man, who has given great service to this country, and nobody would dare to attack his position or reputation personally. If I had a grievance, I would go straight up to Mr. Cremin and put it to him. I would say: "What do you think of this position, or do you think that this is just?" I remember Deputy General MacEoin in former days. We all know what he has done, and do you mean to say that I would not go straight up to him and ask him: "What is your opinion with regard to this case?" and I would accept his decision, just as I would accept the decision of Mr. Cremin. If he decided against me, then I would accept it.

Now I do not think it is the desire of anybody here to press this matter to a division, and I think that the Government ought to agree to set up a committee of inquiry such as has been suggested. Let it be a committee of this House, if you like. Let there be two members from one side and two members from the other, even though they may have differed from one another in the past, appointed to sit on that committee and inquire as to the credentials of the individual applicants so as to determine whether an applicant would be justified in going any further with his case. Is not that a reasonable proposition? In that case, it seems to me that a man would have no grievance, but so long as he has a grievance, he feels hurt, and I think we are all hurt —hurt as regards citizenship and as regards comradeship—and we do not want to feel when we go home at night that some comrade has been earmarked for unfair treatment or has been victimised in any shape or form. I think that that ought not be permitted to remain in the minds of anybody and I am quite sure that my comrades in the Labour Movement would stand for no kind of jobbery or corruption or for any man trying to get away with something to which he was not entitled.

Instances have been cited from every side of the House of hard cases of men who have been waiting for years to have this matter considered. Is that fair and proper? We know how we in this country have differences of political views. A man may be approached to verify on behalf of a certain applicant that he had given service and, because of his political views, he may refuse to do so. That has been done openly. I have heard that stated by such men to applicants. I saw a man present a document for signature to another man, and, because of his political views, he refused to sign. Deputy Lynch pointed out that he knew of cases where certain people, because of political animus, refused to verify. Does not the House know that that is true? We have that attitude. It is not a proper attitude. I would not care who the man was. One particular man came to me to verify that he had given service in a particular organisation. I did not like that man. I would not like to live in the same country with him if I could help it, but I appended my signature because I knew the facts. Why should not I do so? Why should not any other man do it?

There were other matters with which I wanted to deal at some length. The Leas-Cheann Comhairle has been very good to me, and I think he was also very good to the Deputy who preceded me. I should like to make this appeal to the Government: Because of old associations, and because of the appeal made by men who were associated with them in very perilous periods, who afterwards differed from them, now that they have come to realise one another's imperfections and, perhaps, lack of vision, and have come to work and associate together in order to carry this nation to what we all believe is its destiny, they should get this cancer out of the body politic, get rid of this disease, bring in some social doctors of the type I suggest to investigate the claims of the men and women who gave service to this country.

It is essential, I think, in the interests of government in this country that there should be no body of opinion, no matter how important or no matter how unimportant, that believes that the laws are not being fairly and properly enforced. I intervene in this debate because of the grievance that exists in the minds of many of my constituents in the County Wexford, with regard to the administration of the 1934 Act. It is not the first time that the case of these men has been mentioned in the Dáil. It has been brought up, I think, on every occasion on which it could be brought up. My only interest in the matter is to see that if laws exist entitling persons to certain benefits the persons so entitled shall receive the benefits. I have had for the past two or three years numerous letters placed before me in connection with cases in which, in my own personal judgment and from a perusal of the particular Act of Parliament concerned, there was undoubtedly evidence of a very substantial prima facie case for consideration and for the granting of a pension. It is with that in view that I add my voice, as a complete outsider to any controversy that there might be between any particular interests in the particular organisation concerned, purely in the interests of justice, and in the interests of good government. I would ask the Minister to create machinery under which the case of these particular persons—who by reason of an historical incident are particularly numerous in my constituency—will be reconsidered, and I would suggest that there should not be left any suspicion that there was unfair treatment or discrimination against anyone.

At Question Time yesterday I put down a question and I notice that the matter has been mentioned by Deputy Lynch and Deputy Hogan. I asked the Minister to have a public sworn inquiry held. I come from Enniscorthy where, at the moment, I think the greatest grievances exist. The men of Enniscorthy came out in 1916 on instructions from Dublin. Many of those who took part in the Rising have been granted pensions but the majority have been turned down. In some cases the referee and the committee grant pensions while in other cases, on the same references, and on similar evidence, they withhold pensions. I am not speaking on behalf of anyone who has not a genuine case. I have here statements signed by T.D. Sinnott, now County Manager; by Paul Galligan, Vice-Commandant of Enniscorthy, 1 Post Office Buildings, Henry Street, Dublin; by Seamus Doyle, ex-Adjutant, Wexford Brigade; by R.F. King, former Captain, Wexford Brigade, 1916; by Philip Murphy and by Patrick Keegan, Commandant and Quarter-Master, Wexford Brigade; by William Quirke, late Captain, F Company; by W.J. Brennan-Whitmore.

Evidence has been submitted on behalf of Enniscorthy men. On the same references, some have been granted pensions and others have been refused. In spite of that evidence, these people have been turned down as not being persons to whom the Act applied, while others have been granted pensions on the same evidence. I think that shows there is something wrong. The question I put down yesterday is a question coming from the Executive of the Old Comrades' Association, Irish Republican Army. Owen McCarthy of Cork is the General Secretary. I know men in Enniscorthy who were the first I saw in the Volunteer uniform before the Rising, who did anything that could be done in the fight for Irish freedom, who have been turned down as not being persons to whom the Act applied, although the evidence submitted could not have been better than what is contained in the papers the signatures to which I have read. The majority of the Enniscorthy people can prove that beyond doubt.

In 1916 I was myself a bank porter in the Munster and Leinster Bank. I joined the Volunteer Forces there at an early stage. I belonged to the Shannon Company in 1914 and I stood in the shadow of Vinegar Hill when the late Pádraig Pearse, God rest his soul, addressed that company. I took my part in the Rising although I did not seek a pension. I was one of those who was not arrested and I went back to my job when the surrender came. The leaders of the Volunteers in Enniscorthy came to Arbour Hill to interview Pádraig Pearse before they surrendered in Enniscorthy. The men in Enniscorthy did not surrender until their leaders came back from Arbour Hill and the conditions of surrender to which they agreed were that the six leaders who signed the Proclamation were to be detained but that the rank and file should go free. What happened? The leaders were taken into custody and all over the town there were wholesale arrests. The men were taken away to Frongoch and the other detention camps and were kept there until Christmas. I was lucky in that I was not arrested but I left the town soon afterwards and went to Scotland with many more of my comrades. I passed through Dublin on the 6th June, 1916, and I remember seeing Liberty Hall smouldering. I went across the Channel and remained there until Christmas. It should be remembered that certain employers at that time would not take into their employment any person who had hand, act or part in the Insurrection. The soldiers at the time were making many arrests and the manager of the bank said to me: "O'Leary, I should not like to have you taken out of here; this is a Government job." I then went my way.

When the forms came out in 1934, with a number of my comrades I filled in a form. I was called to Collins Barracks soon afterwards but at that time I was in Galway at a union conference and I never appeared before the Referee. After some time I got word that I was not a person to whom the Act applied, although I never went before the Referee at all. That was the way the majority of the people down there were treated. Some of them, ordinary workers, went to the trouble of getting motor cars to come up here to Dublin. At the time many of them were unemployed. After a short time they were informed that they were to be cut off without any pension. Very few of these men got any pension. The I.R.A. from that district feel that they have a big grievance and it will never be redressed unless the Minister does what we ask him to do to-day. Some of them are in receipt of pensions of 3/6 a week and that is deducted from the unemployment insurance to which they are entitled. One of these men had 6/- a week unemployment benefit, but when he got his pension he was not allowed to sign at the labour exchange and as a result he could not get any work on relief schemes. That is happening all the time in my constituency. I submitted a list of 40 names; I am not making an appeal for any individual in particular but I want all these cases as far as possible reopened so that a fair chance will be given to the people concerned because a very big grievance exists in Enniscorthy and in the rural area adjoining, in regard to this matter.

Throughout County Wexford you have also a number of men who took part in the fight later than 1916. They took part in ambushes down there in the fight against the British and in the civil war as well. Some of these men who took part in the civil war on what is now the Government side have been turned down although men who took part on the Cosgrave side got pensions. That has given rise to another grievance. There are also some ladies in Enniscorthy who took part in the struggle. A few of them got pensions while others were informed that they were not persons to whom the Act applied. There is no doubt that Enniscorthy should have received more consideration than any other town in Ireland because the men came out there when the word was given. They came out on Easter Monday. Since that time one of those who signed the Declaration has passed to the next world. He was at one time employed in the Department of Fisheries and after his death his wife got only a few pounds that was due to him. He received only £4 per annum of his pension while he was employed and after his death she got £15. At the moment she is in very bad circumstances. She had a son who was in the Army but he was discharged for some trifling reason. He then went to the North and joined the air force there. I appealed to the Minister some time ago to reconsider his case as he wanted to get back to the Army here but without avail. He was put out of the British forces in the North because he had in his pocket the record of his father's participation in the Rising of 1916. He was discharged and sent across the Border. At the same time he was willing to join the Army or the Marine Service here, but his application was rejected. There are several other people who have been discharged from the Army for trifling reasons. I have already written to the Minister in connection with the case of men who had scabies and who contracted skin disease on their discharge. They are now on home assistance.

A man would not be discharged from the Army simply because he had scabies.

In the case which I have in mind it turned into eczema. I have one case from New Ross before the Minister at the moment. A number of other soldiers were discharged and would be very grateful to get this 6d. per day deferred pay now, to help them over these hard times instead of waiting until the emergency has passed. It is doubtful if some of them will live until after the emergency is over.

In conclusion, I would appeal to the Minister, on behalf of the 1916 men in Enniscorthy, to set up a sworn inquiry to consider the cases of men whose claims for pensions have been turned down. I think the House will agree that that is necessary because it is apparent that there is some undercurrent at work when the claims of some men, who have as good a case as people who got pensions, have been turned down. I appeal to the Minister to give favourable consideration to these claims from Enniscorthy from men and women. A few of the Cumann na mBan there got pensions but others got nothing. I would ask the Minister to give the demands that have been submitted to him from all I.R.A. men in the whole of Ireland his earliest attention and to set up this sworn inquiry. By doing so, he will be merely doing justice to the men whose actions from 1916 onwards made this Dáil possible.

As far as the men who have lost their health as a result of their activities are concerned, I trust that the Minister will satisfy himself fully that ample justice is being done to them, and not only that, but that he will see, so far as humanly possible, that the conviction is carried to their minds that justice is being done. In this world you may do justice and yet fail to carry conviction to a man's mind that you have done it, so that his grievance is just as great as if he had been treated unjustly.

When I hear Deputies wailing and lamenting the sad cases of vigorous, hearty men who have not got pensions for what they did in 1916, 1919, 1921 or in the years that followed, I must confess that I have very little sympathy with them. I see Deputies sitting in this House—hearty, strong, vigorous men—who, as far as I can see, suffered no ill effects from their exertions in 1919, or at any other time, and yet they are enjoying comfortable pensions for the rest of their lives. At the present time the Greeks are fighting for their existence, the Norwegians are fighting for their existence, the Danes are fighting for their existence, Belgians are fighting for their existence, the Dutch are fighting for their existence, the Yugoslavs are fighting for their existence, and the Bulgarians are fighting for their existence, all fighting a very bitter and dangerous war.

All the simple, plain people of these countries are not conscripts, and they are all out in the trenches under heavy and intensive fire at times, and I do not suppose that it is suggested that every private soldier fighting in the battlefield in defence of his own particular country is going to receive a pension for life on the scale of the 1924 Act or the 1934 Act, provided he emerges from the conflict unscathed. He will look back on that period of service to his country as part of his duty as a citizen to defend his country when his country stands in need of defence, and he will resume his job of trying to earn his living. That is not an ungenerous attitude. You hear Deputies every day complaining that somebody or another has not got a pension——

They had the principle to fight.

I do not question that. After all, if they believed they were doing right, they were quite justified in fighting.

There are people in the House who had not those principles.

If they believed they were right, they were entitled to fight. No one is aspersing their principles or anything else, but I do not understand the case that if you do anything for this country you are entitled to a pension. My people have been working in the service of this country for three generations and never got a pension from anybody.

You were not born at that time.

I was born in the tradition that if you went into exile you went into exile, and you came home and struggled to your feet again, and tried to get on, and the only reward you wanted was your belief that your exertions were in the common cause. If you went to jail you went to jail and came out again and you went on once again with your work. It never crossed the minds of these men that they should saddle themselves on the Irish people for the rest of their lives. What is the justification for quartering all these men on the community for the rest of their lives when they are well able to earn their own living?

I want to distinguish between the men who were incapacitated and the men who were not. I want to go to the assistance of the man who is incapacitated so that his wife and his family will not suffer because of his incapacity, but I see great big, burly men, weighing up to 20 stone, who have been quartered on the community for the rest of their lives, and I cannot understand why they do not earn their own living like the rest of us. All honour to them for exerting themselves in doing what they thought was right. I am perfectly sure that when they took those risks, they were not taking them from any base motive. They were actuated by lofty motives. That being so, why do they tarnish their own action by quartering themselves on the community now? Upon my word, in view of the recent agitation that more pensions should be granted, I would recommend that these big, healthy men, for shame-sake, should go to the Government and say they want to earn their own living and do not want pensions. I remember before they came into office that Fianna Fáil campaigned the country with the thesis that they were going to take pensions from every able-bodied man when they got into office. They got into office and then somebody said: "Why should we not give pensions?" and there and then they executed a complete volte face and to-day we are looking at some of the healthiest pensioners I ever saw in any country in the world. I hope they will long survive, and from all present appearances they show every sign of doing it. It is the strangest change of policy I have ever seen. There is a good deal to be said for the thesis that people in full health and earning capacity should never have got pensions and I suggest that if we go on distributing pensions we do not know where we may stop.

Somebody has suggested that simply by a change in the administration of the Act, large categories of persons could be brought in to get more pensions. We have almost reached a stage when a man who has not got a pension will be as rare as a white blackbird. If you had the legions of people who have got pensions for this or for that, and tried to assemble them in the Fifteen Acres in the Phoenix Park, I doubt if you would find room for them. At some stage we will have to call a halt when we find the community is unable to bear the expenditure in which these pensions involve the State. But a time has already come when a persuasive campaign on this question of pensions should begin. It would not be so drastic as the one on which Fianna Fáil won the election. I would not take a pension from anyone who managed to wangle one, but I suggest that if he weighed more than 14 stone he would consider surrendering his pension, and that those weighing between 12 and 14 stone would surrender half the pension, and be prepared to give the little fellows under 12 stone—those of modest dimensions —whatever pensions they have.

Then you would object to General MacEoin? He is over 14 stone.

If the Deputy knew anything of the wounds General MacEoin bears and the bullets he carries in his body, he would not make such an ignorant remark.

I think I was quite justified.

I want to tell the Deputy that the miracle is that Seán MacEoin is alive to-day. According to all the rules, he ought to be dead, and it was the mercy of God that he is not. This country should be profoundly grateful to God for preserving Seán MacEoin to serve his country. Probably no soldier suffered heavier or more dangerous wounds, and Seán MacEoin is the last man who would wish anyone to refer to that. I mention it only because Deputy O'Leary made such an ignorant and ill-informed objection. I am talking about men who have suffered no wounds and no loss or impairment.

You are talking about weight.

The Deputy was not interrupted when he spoke, and he should give as good a hearing now as he got himself.

I make that suggestion, that instead of adding large categories to the roll of pensioners, we should make up our minds that a subtraction might properly be made. At the same time, let us examine our consciences as to whether we should have been a little more generous to those who have lost their health as the result of wounds or suffering in the course of their activities, further exacerbated by the accumulation of years. There are men in early middle age who have been able to carry the wounds and disabilities they sustained, but as years accumulate upon them, they are finding that they are breaking down under the strain.

I would like to see that kind of case reviewed. I would like to see the men who carried on bravely, thus adding to their disabilities, having their cases reviewed when their earning capacity is failing earlier than they expected because they are delicate men. Reform on those lines would have the unanimous support of this House. Reform on the lines of adding to the already swollen lists of able-bodied pensioners may be consented to by this House because Deputies are afraid to speak the truth. If any Deputy spoke what was in his heart, in 85 per cent. of the cases he would say that able-bodied men should not be added to these already excessive lists.

What about the able-bodied men who are getting pensions?

I have made my suggestion. Deputies fear to speak their minds on this matter because they believe that the group of persons who regard themselves as entitled to pensions is a powerful political force. The same thing applies in America, where people are afraid to attack the American Legion, who are in the pension racket too. There are people looking for pensions in my constituency and if they do not like what I am saying they can lump it. I believe that the vast majority of the people agree with me, and I give my views every time an agitation is started to add to the list of pensions we already had.

Unlike Deputy Cafferky, I am perfectly familiar with the way in which words can be misrepresented, and here and now I can forecast how my speech will be represented outside this House. It will be said that my views are that everyone who fought in 1916 and 1921 and in the years afterwards was a dirty, cowardly, worthless job-hunter. That is how my speech will be interpreted. The tale will be told widely that I insulted the memory of Pearse, MacDermott and MacDonagh, that I insulted the flag and tried to represent Sinn Féin as a dirty, money-grubbing conspiracy——

It is not the first time you insulted the flag.

There you are. Deputy Brady has started it already. That does not surprise me. It hits him as it hits many others. Everyone knows that I never had the least bit of sympathy with Sinn Féin. Everybody knows I was opposed to Sinn Féin, but everybody knows that I respected those who honestly did their best to further the Sinn Féin movement according to their conscience. I have the profoundest respect for the leaders of the Cumann na nGaedheal movement who founded the State and acted according to their conscience, and I have respect for those persons who went out on the Irregular side at that time according to their conscience. I thought them terribly wrong, but that does not prevent me from desiring to see sufficient justice done to them. I do not think, however, that justice demands that able-bodied men should secure the right to be quartered on the community for all time. Help the wounded and afflicted, but take every precaution to see that able-bodied men do not creep in to gain the benefit of this clamour for pensions.

I thoroughly agree with everything that Deputy Dillon has said. He set out to make an honest speech and he did it as he is well able to do. I hold the worst thing that happened was when the Government brought in this scheme of pensions for able-bodied men and I am speaking as a pensioner. We should do justice to the maimed and impoverished men, but we have really degraded and dragged in the mud a great organisation, the I.R.A., which will go down in history as the greatest organisation the country produced. We went through a Civil War from 1921 to 1924. In 1924, when the Government were going to disband the men who came out victorious, they found themselves up against great obstacles. Many men who had sacrificed six or seven years in prison were dissatisfied because they were going to be thrown on the scrap-heap when their money was gone and their hopes disillusioned. Those men said: "We are not going to stand for this" with the result that we were on the verge of another Civil War and a mutiny in the Army. You can see the position. The Government had barely pulled through one Civil War when it was facing another one, perhaps of more dangerous dimensions.

There were many men in that Government who did not believe in a policy of pensions. The late Kevin O'Higgins was one of the men who did not believe in it, and I think he was quite right. When it became a fact that pensions were granted, it was only right that the people who were entitled to them should be looked after.

That is why I stand up to make this appeal. I thoroughly agree that it is not the Minister nor the two boards who are responsible. In most cases, it is the mean attitude of some man down the country in a brigade area. Some of these men, having got their own pensions, have sat down and forgotten their comrades. They were very vocal when they could join yet another organisation and get their pensions granted. When they got their pensions, they forgot their comrades and would not bother giving them even the signature on the document which was necessary when making an application. It is hard luck on the Old I.R.A. to have to wait from 1924 to 1944, especially in those cases where men gave worthy service. We find hundreds and hundreds of men drawing pensions, not only under the recent Act but under the first Pensions Act, who never did a day's work for the country. I believe that a sworn inquiry into the matter is desirable. The reason people are so sore about this crying for pensions is that they sometimes think they would be better off if they never had the I.R.A. They say that there is nothing but talk about what they did. The men who did genuine work, such as the Minister and Deputy MacEoin, say very little about what they did.

All this talk comes from men who are not entitled to pensions but who are trying to wangle them by hook or by crook. Some of them are holding back the few remaining men who are entitled to pensions and who are not getting them. There is no doubt that a great many persons are drawing pensions who are not entitled to them. I ask the Minister not to put the final closure on the Pensions Act until justice is done to those remaining. In my own county, there would not be more than six or seven who are entitled to pensions and who have failed to obtain them. It would be easy to cover all the genuine cases. The members of the adjudicating board should be men like the Minister, Deputy MacEoin and Deputy Lynch. Although we differed in the past we are practically back at the stage where we began. We have almost forgotten old quarrels and we may march shoulder to shoulder as old comrades again. It would be a great thing for the country if the few hundred cases that remain were dealt with, so that it would not be necessary to make an appeal next year. Nothing is so humiliating to an ex-I.R.A. man as to have to appeal on behalf of his comrades 25 years after the event. I appreciate the view of Deputy Dillon and those who, if I may say so, were standing on the fence and looking at the matter from a different viewpoint. They were as loyal and patriotic as we were and they would have done as much if they had seen things as we saw them.

You did not suggest his name for the board.

You might get more justice from James Dillon than from some of the people on the board.

There were plenty of good men who never believed in the I.R.A. They had a different viewpoint but they were just as good as we were. Since then, they have proved themselves good Irishmen. The country will never get respect if we cannot agree to differ. Every time Deputy Dillon gets up to speak, he speaks the plain, naked truth, as a man, and we must respect him for that. We have a good many Deputies here getting up with their tongues in their cheeks and saying what they do not believe. That is what has our country where it is. I shall tell the truth whether it hurts or pleases friends or foes. I was elected for that purpose and, if I be put out of public life for telling the truth, I shall go out honourably, with my head up.

The speech made by Deputy Dillon was a very outspoken one and was the speech of a brave man, but I think it is obvious to everybody that Deputy Dillon is not completely in touch with the situation. He is not in touch with the circumstances of the Rising of 1916. I am not one of those who would advocate a pension for an able-bodied man who has his profession, but the position is that, whether we like it or not, certain people enjoy pensions under the different Acts of the Oireachtas, notwithstanding that they are, or would be considered to be, able-bodied men. Some people would suggest that nobody should be given a pension or an allowance unless he had been disabled in the fight for Irish freedom, but we must remember that young men had their careers interrupted at that period. Some of these young men were serving apprenticeship to certain trades. Some were studying at secondary schools and universities for certain professions. They had to leave these training places because they had taken up arms in defence of their country.

Deputy Dillon referred to Belgium, Holland, Rumania, Bulgaria, and other countries. I suggest to Deputy Dillon and everybody else who thinks like him that the position in these countries is not parallel with the position here. Here, unfortunately, we had not only the British against us, but we had a great many of our own fellow countrymen against us. In consequence of that, it was necessary for those young men who went out to fight for their country to remain on the run for from five to seven years, with the result that they were unable to fulfil the apprenticeship which they had taken upon themselves, or to follow the courses in the schools upon which they had entered. Apart from that, many men are to-day a bundle of nerves because of what they went through. Some men had to lie out in ditches and haystacks in all sorts of weather and their health has suffered as a consequence. Surely, neither Deputy Dillon nor anybody else would suggest that men of that type should not receive a pension for the service rendered to their country.

A great deal depends upon the interpretation of "major engagement." I was struck by the interpretation placed upon certain sections of the Act by Deputy MacEoin. Here is a man who went through every stage of the battle for Irish freedom. He knew what he was talking about because he had to deal with members of his brigade. He cited to us cases of men who were on outpost duty. These men, he said, might never have taken part in what would be considered a major engagement. Yet, he was of opinion that these men should get the same consideration as the men who received pensions. I feel it incumbent upon me once again—I have been doing it for the past ten years—to refer, even at the risk of boring the House and the Minister, to the case of the Enniscorthy men. Here is the only town outside the City of Dublin which took up arms in a general way. Not alone the men of Enniscorthy, but the members of Cumann na mBan and Fianna Eireann were concerned. On Easter Monday morning, 1916, they took over complete control of the town. They kept control of the town for a week. When word was conveyed to them in some manner that Patrick Pearse, James Connolly, and the other leaders —God rest their souls—had surrendered in Dublin, they refused to believe it. They insisted on being brought to Dublin to confer with those leaders before they would agree to relinquish the fight for Irish freedom at that time. Some of those men have passed to their eternal reward, but the great majority of those who fought under them are still in Enniscorthy. Some of them have received pensions. Others who gave equal service in the cause of Irish freedom, not alone in Easter Week, but prior to and subsequent to Easter Week, are still seeking justice.

I was arrested in Easter Week. I served a term of imprisonment in Stafford Prison with Enniscorthy men who are now seeking pensions. I know the earnestness with which these men, too, took up the task of fighting for the freedom of this country. Some of those who were then strong men are now in a delicate state of health. When some of these men returned they found, unfortunately, that those for whom they worked refused to take them back into their employment. They had to walk the streets of the towns and the cities of Ireland in some cases for years, and as a result of not being able to procure work to support themselves and their families they fell into ill-health.

I submit that that was due to the task they took upon themselves in Easter Week and at subsequent dates. Not alone were men from Enniscorthy involved but men from Ferns, Ballycarney and surrounding districts. Men anxious to strike a blow for Ireland came to Enniscorthy to take part in the fight in Easter, 1916, and it is poor compensation for them to find that, in order to prove their claims for Army allowances, they have to go to Dublin to face what is almost a board of judicial inquiry. Many men from distant parts were perhaps never in Dublin previously, and when they go before the tribunal they become agitated and may give answers to simple questions which may prejudice their cases. When is the Government going to do something which will remove the necessity for debates of this kind when this Estimate is being considered? Those of us who have been members of the Dáil for a considerable time when we go to districts in which there are men who served their country faithfully in the past, are constantly being asked by them when they are going to receive proper treatment. They remind us that it was the sacrifices made by them that resulted in the setting up of this House and in creating the positions we now occupy.

Through the medium of their organisation these men are asking for a sworn inquiry into the working of the different Military Service Pension Acts. Why should not that request be conceded? We are entitled to assume that if it is conceded they will accept the findings of such an inquiry. Would not that be a good way, even from the Government point of view, to dispose of this problem once and for all? Perhaps it would be well to bring new minds to bear on the question. I do not want to say anything personal about one who has passed to his eternal reward, but for a considerable time a man who held a high position on the board which assessed pensions or otherwise, had been a member of the Irish Parliamentary Party. I am not condemning them and I am not condemning the Parliamentary Party when I say that I think it follows as night the day that a man in his position, who had been antagonistic to the Sinn Féin Movement and to the I.R.A. during the greater portion of his life could not be expected to do justice to men whom he considered a few years previously to be his enemies. I want to make it perfectly clear that I am not making a personal attack on that man. I merely want to say that his mind and his surroundings would not permit him to give a fair decision in so far as these applications are concerned. I ask the Minister to make a serious effort to remove once and for all the necessity for discussions of this kind year after year.

With regard to major or minor engagements, I would accept the proposal of Deputy Dillon that certain members of this House who were actively engaged in the fight for Irish freedom, such as Deputy MacEoin and others, who were members of the I.R.A., should form a committee to investigate the claims that have been heard and to find out if the Act has been applied in a generous manner towards people who were prepared to sacrifice their lives in the interests of their country. It could be said of many men that they did not take part in what the Act defines as "a major engagement". But we must remember that certain men were on duty at outposts and were ready, if necessary, to sacrifice their lives, but in their case the opportunity did not present itself as it did to others who are now drawing pensions, perhaps in consequence of one incident which was interpreted by the board as "a major operation". I suggest that this country can once again well afford to go into the whole question of giving allowances to men and women who gave service when the country needed it. The best service that could be rendered by this or by any other Government is to make a determined effort to settle this question before the Estimate comes up for discussion again.

Deputy Larkin referred to the fact that when a man in receipt of an I.R.A. pension goes to the labour exchange to claim unemployment assistance the amount of the pension is taken into consideration. I think that is dastardly, and I suggest that special provision should be made to deal with men drawing pensions. I go further and say that men drawing pensions from the British Government should get the same concession. For example, a man drawing a pension of 20 per cent. from the British Government, amounting to about 8/-, may have a sufficient number of children to enable him to draw the full 17/6 weekly. That man may have sufficient children to enable him to draw the full 17/6 that a man in the same degree of need would be permitted to draw, but because he is in receipt of a pension he only gets the difference between that amount and the amount which a person who is not in receipt of a pension would get. That is not the worst of it. If there is a relief grant in the area and that man is drawing 8/- per week and the amount he would be able to draw if he had no pension would be 17/6 per week, it is only when the labour exchanges get down as far as the people getting 9/6 per week that man is given a job. Surely that is not the proper treatment for men who were prepared to sacrifice their lives to achieve the country's freedom.

We all know what we thought of the I.R.A. in the old days; we know how we cheered when the opportunity presented itself for them to be able to appear in public. Were it not for the sacrifices they made this Dáil would not be assembling here to-day. I asked the Minister to go back to his Government and state what has been stated here to-day from all parts of the House. With the exception of two Deputies everybody is desirous that all those who have suffered in the fight for Irish freedom should be treated properly and generously. This will not be a recurrent expenditure. It will only be a case of a certain amount of money for a certain number of years, but let us do the big thing and recognise the sacrifices these people made and were prepared to make and let us once for all remove the necessity for long debates of this kind on Army pensions.

One would imagine from listening to Deputies Giles and Dillon that any member who does not speak with the same voice as they is saying something that he does not exactly believe. In my opinion that is a very unfair statement for any Deputy in this House to make. No doubt there may be Deputies on the Fine Gael Benches, on the Fianna Fáil and Labour, too, and perhaps on ours, who do believe that there should never have been any such things as pensions for the men that were in the Old I.R.A. I believe no doubt there are, but when you hear Deputies in this House standing up to-day and advocating that, you very naturally ask the question why they did not advocate that view when such legislation was going through in this House. We know very well in their day it was started. Undoubtedly, it is an Act of this House, and Fine Gael in their day started it by their Pensions Act. Fianna Fáil started the racket by saying that they would take the pensions from them when they got in, but when they got in they gave pensions to their own men. My view, to be straight and honest is, first and foremost, that those people who went out and made these sacrifices are certainly entitled to some pension. Take a farmer's son who sacrificed his home and went out to fight, or take the students that were in college and went out on the run for years. Surely they made sacrifices, and at the least they should get some compensation for the sacrifices they made. I do not know whether this matter has been mentioned, but I would ask the Minister to take serious note of the discontent which exists—and in my opinion there is cause for it—among the Old I.R.A. on the pension question at the present time. We must remember that when the civil war broke out, of perhaps 90 per cent. of those who were in the fight for freedom, some went over to the Free State forces side and others remained on the Republican side. Loyal comrades and good friends parted company, and no doubt the greater friends they are, when they part company, the greater enemies they become. The civil war ended, and later on under the Pensions Acts what were called verifying officers were appointed. These people generally were brigade O.C.s and battalion O.C.s in the fight for freedom in the early days. Does the Minister expect that these verifying officers who come up to give evidence are to make their statements in camera to the board?

In the case of a man who was an O.C. of an I.R.A. brigade that went over to the Free State side in the Civil War, does the Minister not realise that it is very possible that that man would not give an honest statement about his comrade in the days from 1916 on? The same thing applies to a man who fought on the Republican side and who was later appointed a verifying officer. Do you believe he would give an honest statement? I am not saying he would not, but it is very likely he would not. In my opinion, honest statements were not given by these verifying officers in many cases. This is one thing I would ask the Minister seriously to consider, because I know that in my own area, while there are certain men getting pensions who deserve them, there are men who have been turned down who definitely deserve them as much as the men who are getting them.

All these verifying officers were themselves applicants for pensions. What percentage of these officers were turned down? Were not pensions granted in the cases of all verifying officers? Another statement was made at a political meeting—I think the Fianna Fáil Ard-Fheis. A certain Minister made a statement that something like 60,000 or 80,000 applications were made for pensions, and he said that he believed that if Michael Collins were alive to-day he would say that there was not that number in the fight for Irish freedom. Probably the Minister can correct that. But would the Minister just examine this matter: how many brigade O.C.s who were supposed to have 300 men under their command, and how many company captains who were supposed to have 60 men under their command, got pensions?

If he would multiply the number of officers by the number of men whom they were supposed to have under them, he would find, I think, that there were over 80,000 men in arms against the British in this country. I know a certain man in my area who got an I.R.A. pension. Would it surprise the Minister to know that because he is in receipt of that pension he is debarred from benefiting under certain schemes that are being operated in my county? This man was a farmer's son; he went out in the fight for freedom, got wounded, and was interned. He is, as I have said, debarred from availing of certain schemes under the Department of Agriculture because of the fact that he is in receipt of a pension.

The Minister for Defence is not responsible for that Department.

It shows, anyhow, the treatment that is being meted out to some of those men. I fail to see why the Minister would not agree to have a committee set up to consider these cases. Let it be composed of men sitting on both sides of this House. The committee might be composed of five or six, and you will find genuine Old I.R.A. men on both sides of this House. Let the function of that committee be to examine all cases independently. If that examination is carried out, I venture to say that you will find pensions will be withdrawn from many persons who have them, while in many other cases applicants who were refused pensions will be granted them.

It is only fair to say that under the 1934 Act the Minister, his predecessor and the Government acted in a very generous manner in regard to the claims of the Old I.R.A. Not only that, but they approached the subject fairly and impartially. There are many members on the other side of the House who were verifying officers, and they will admit that the Minister opened up cases which were turned down under the 1924 Act and got them re-examined. I know of one case in which an award was made. I am not against—though I do not see it will do any good-having a reexamination of cases over a series of years, cases that have been decided and in which awards have been made. I can speak as a verifying officer. I am aware that when complaints came from brigade areas that there was unfair dealing the Minister opened the door and allowed the brigades and battalions to meet; he let them elect a fresh group of verifying officers. That happened in the First Eastern Division anyhow. It happened in Louth, Meath, Kildare and part of Offaly. I feel, at the same time, that when dealing with pension applications under this Act there was a sudden closing of the door, and that the operation of the Act was brought to an end.

So far as my area is concerned, I have nothing to complain of. I think that the men who gave service got their reward. At the same time, I feel that there are a number of borderline cases of men who would come within the definition of "key-men." These should not have been dealt with in a sudden fashion. I think that we would have from a dozen to 20 such cases in my area, and I imagine that in every other brigade in the First Eastern Division you would find much the same thing. From my knowledge of the country, Irishmen are much the same all over. From conversations that I have had with Deputies on the other side of the House, I think that if these cases were met, and if their number was limited to the definition of "key men", all the complaints that Deputy Corish referred to would cease. The cost would be light, but I am not concerned with that.

I think that this nation could never repay in money or in kind the sacrifices which those men made from 1916 to 1921. We do not want them to go out at the end of their lives as the Fenians did, soured, disillusioned and bittered. We have freedom now, and we do not want them to go to lonely graves as so many of the Fenians did. Theirs was not a loquacious part. They neither shouted nor bawled, and they did not make speeches. A lot of them gave their lives for the country. Many of them were in the ranks, not for a year or two years or three years. A lot of them in 1913 joined the Fianna as boys. They gave to the service of the country the best part of their lives, and were active from 1913 to 1923 or 1924, no matter what side they took. At any rate, the best years of their lives went into the Cause, and neither money nor goods could repay them. It is extraordinary that in this Assembly we should hear the Dillons and the rest who never lost a wink of sleep or a night's rest, gassing away. It is terrible in this year of 1944, in the national Assembly—I would not mind it occurring in stormont or somewhere else—to hear the Dillons and the Anthonys and the rest of them. It is a disgrace in the national Assembly.

I am still of the opinion, which I expressed in this House on the first occasion that I dealt with the question of pensions to the Old I.R.A., that the great cause of the uneasiness and jealousy that exist to-day between those who received pensions and those who did not, arises out of the Act of 1924, and of the later Act of 1934. The Deputy who has preceded me shouted about the Dillons and the Anthonys. I want to assure him that, as far as my people are concerned, we were not opposed to the I.R.A. movement in its early days.

Even if it were necessary, in order to complete the freedom of this country, we would not be opposed to it. What I am opposed to is that men of physical ability should be drawing pensions. Some of them have professional or other positions in life and did no more than some of those who have been turned down, and perhaps less. That is the reason for the agitation of those who have been disqualified and who are now asking Deputies to put their cases forward in the House on every possible occasion.

If the legislation had been passed to deal with men who were injured—like Deputy General Seán MacEoin—or their widows or children, the Act should have dealt with that type of person and not with physically fit men. When Fianna Fáil were in the minority and were endeavouring to become the Government, they denounced in the strongest language, from political platforms and even from these benches, the actions of the Government of that time. When Fianna Fáil came into power, however, instead of repealing or amending the 1924 Act, they brought in another Act and granted pensions to their own group. Deputies may think that I am envious or bear some spite or hatred towards the I.R.A. men. How could I, coming from the county from which I come? I was often taken out of bed and put lying on the floor, in order to give those men a bed to lie on. We housed them for years and years, and hundreds of people did likewise, and were only too willing to do it. As schoolboys, we helped to carry stories of the movements of the Black-and-Tans and R.I.C. How could I bear hatred towards those men? I rise to protest against the putting of a greater burden upon taxation, by granting another few thousand pensions to physically fit men. The Minister would satisfy all sides of the House by repealing the Acts of 1924 and 1934 and dealing with injured men or their widows and children, if in need of assistance from the State. That would settle things, once and for all. Otherwise, even if the Minister sympathetically considers the points put forward now, certain men will continue to be dissatisfied.

Many of those who were scouts at that time are of the opinion to-day that they should get pensions. They were only young boys of 16 or 17 when the prisoners were let loose from Castlebar. I had a brother, only a young lad, who did not take any part in the fighting with arms, and he could not be considered. There are hundreds of those to-day who feel that they should get pensions. The people generally are opposed to that—that is, if they feel the same way about it as those in my constituency. It is an everyday occurrence to hear this pension principle described as "a racket".

There are other men drawing pensions to-day whose qualifications we cannot fathom. How did they qualify for a pension? Living beside them and associating with them, we knew all their actions and knew whether they were on active service or not, whether they took part in an ambush or fired on any of the foreign troops here. We know they did not. Yet they have got pensions. That causes a certain amount of querying, of jealousy and of envy, and people come to the conclusion that this Assembly is not what it should be.

I do not rise to belittle the I.R.A. or the I.R.B., or any organisation associated with the War of Independence. I and everybody belonging to me were wholeheartedly behind it, and believed this country had the right to independence and to a national Assembly. However, it is wrong to think that we can compensate the men who fought in 1916, and down to 1922-23, by a pension or such remuneration. The part they played in the defence of the country is a priceless one. If Pádraic Pearse, James Connolly, Clarke or MacDonagh, who fought and died in the Revolution, were alive to-day and were offered payment in compensation for their patriotism, I believe they would consider it an insult. They were opposing foreign force when England was in difficulties, as Czechoslovakia did in the 1914 war. Instead of a pension, they might be compensated by the erection of some monument or by the inscribing of their names in a Golden Book, which through centuries to come would be a record of their patriotism. They would prefer that to being offered a few pounds.

Did not. Washington pension his army?

I cannot argue that. I am not too sure; but I wonder if the Czechoslovakian Government pensioned the patriots who opposed the German Empire.

Certainly, and those who marched across Russia.

Even if the Government of the Czechoslovak Republic pensioned its patriots, two wrongs do not make a right. I am merely stating my opinion. The last time I spoke here, I may not have been as cute as I am now, and I was misrepresented. Some of my opponents, for political purposes, tried to misrepresent my intentions and said I was trying to belittle the patriotism of the 1916 men. I doubt if any man in this Assembly would, in his heart, try to belittle those men. Even if he did try, he would fail, as they were far above that.

We see widows and orphans, old age pensioners and little children in poverty, misery and squalor in their homes in this country; and then we hear men on all sides of the House saying that, in order to remove this little bit of jealousy, bigotry or envy that exists between members of the old I.R.A., those who took part or did not take part—whether they did or not —should be given pensions in order to have finished with it. I cannot understand the attitude of such Deputies. I was listening to Deputy Giles. He made a ferocious attack on me. There are times when he agrees with every word that Deputy Dillon says, and I have heard him congratulating Deputy Dillon.

Deputy Dillon talks sense.

The Deputy asked me what I did in 1916. Seeing that I was just a couple of years old at that time, I think it was a ridiculous question to put to me. I am in this House because of the action of the I.R.A. in those years. The I.R.A. were the cause of bringing this Assembly into being, and I realise that I could not be here if they had not played their part in 1916 and in subsequent years. It cannot be assumed that I would not have played my part in 1916 if I was old enough then, nor can it be suggested that every young Irishman of to-day, if he was old enough in 1916, would have been a coward or would have worn the white feather and would not play his part with other Irishmen. That would be a wrong line to take.

We are as much entitled to express our views, to give what we believe is the considered opinion of the people, as Deputies who have been here for the past 20 years. Perhaps we may be more in touch with the opinions of the people of the present day than Deputies who have been here for the past 20 years. Perhaps, through no fault of their own, they may not be so much in touch with the people outside, and may not know the opinions of those people as to how things here have been run. I should like to suggest to the Minister that there is only one way to end the type of controversy that exists in the House. Either repeal all the legislation——

The Deputy must not suggest the repeal of any legislation when discussing Estimates.

Although the Chair rules that I must not make any suggestion about the repeal of legislation, in my humble opinion that is the only way to put an end to all this controversy. It has been suggested here that the Government might set up a board or a commission. No matter what you may set up, I suggest that there will be men in the country who will declare: "We are being victimised. We took part in various incidents." You will also have statements to this effect: "I was not called out to take part in an ambush, but if I was called out I was quite ready to play my part." I know hundreds of men who, if they were called out, would give of their best, and they might have equalled the best of the old soldiers of the I.R.A. if they were brought into action. But there never was need to call on their services, or they never came up against armed forces, and, therefore, they are disqualified. That is the position that exists in relation to many men to-day. Until they die, or unless there is some change made in the legislation, you never will have a satisfactory position as regards dealing with the Old I.R.A.

I am one of the people who were associated with the I.R.A. movement in Mayo during the period of the Black and Tan war and the civil war, and I think I know more about the people of Mayo than Deputy Cafferky. In Mayo I met the finest types of men that Ireland ever produced. I met them when they were "on the run". I also met in Mayo the finest types of people the world has ever produced in so far as showing hospitality to the men of the I.R.A. is concerned. I am quite satisfied that if I went to Mayo to-day and travelled over the same ground that I travelled there years ago, going through every village and town in the constituency that Deputy Cafferky represents, I would not find one individual giving expression to the views that the Deputy expressed here to-day. He talks about men with physical disabilities. The Deputy claims he was in the cradle at the time the fighting was in progress.

The least anybody would expect here is that when a man talks he will talk on a subject he knows something about. Deputy Cafferky, all the time he has been here, has been talking about the men of 1916. There was fighting done in other years, too, but the Deputy does not know much about that either. Does Deputy Cafferky deny that there were men who went out in 1918, 1919, 1920 and 1921, who sacrificed good careers and who were unable in succeeding years to pick up the lost threads, as it were, and put themselves on equal terms with their brothers and others who had never taken up a gun? Does the Deputy suggest that these men who gave up good careers, and in later years were obliged to travel through all parts of the world, are not entitled to have their claims favourably considered by any Government which calls itself a National Government?

The Deputy then went on to apologise, to tell us that he did not want to be misrepresented as he had been mispresented here before, and that he merely wanted to make his position clear. He mentioned that when he made a statement here a year ago he was not as cute as he is now. Deputy Kennedy struck a note that anybody with any sort of a broad national outlook here would clap or cheer, and that is, that the Dillons and the rest of the people he named, who are claiming some sort of link with the past, had an outlook which is very far removed from what most of the nationals in this country to-day would regard as their type of nationalism. I sincerely hope that Deputy Cafferky will try to study a little more of the history of his native county. In all the fighting that took place in this country, I think there are very few counties that can say Mayo was second to them. County Mayo has taken up a marvellous stand all through the fight for Irish freedom, and the men who did their share in the fighting there deserve every consideration from the people of this generation.

Deputy Dillon comes from Mayo.

Mayo has produced some peculiar things.

You will be a long time before you can walk in the footsteps of his family.

I do not want to follow in the footsteps of the Dillons, or the Cafferkys either. I would not compare my national record with that of the Dillons or the Cafferkys; I would be long sorry to do so. There are decent men in Mayo, men not of the Dillon or the Cafferky type. I have listened to the speeches of two Deputies of the Farmers' Party—and such a change in policy between two individuals. Deputy Cafferky, both here and outside, has advocated pensions for border-line cases.

We have no "yes-men" in this Party; we have free consciences.

I do not dispute that. Deputy Donnellan questioned the Minister regarding the number of verifying officers who qualified for pensions. Any man who has had association with the I.R.A. movement can easily understand that if a veryifying officer did not qualify for a pension surely he could not qualify for the position of verifying officer. Every verifying officer must be entitled to a pension. As to the question of I.R.A. pensioners being debarred from schemes of work in my county, I do not know that that is the case. So far as the county council engineers are concerned, I think they give favourable consideration to these men. There are, of course, certain types of work for which such pensioners will not qualify. I do not know any case of any man having been refused such work in my county.

Every Deputy will agree that there are men who have been turned down for pensions who are definitely entitled to them. In the making up of the case there was something wrong somewhere, and that was due to the fact that so many years have elapsed since these events took place and it is hard for people to stretch their memories back. When filling up the forms, some men were not very particular as to what they put in. They thought that it was merely a question of making application and that if there was any mistake they could remedy it at a later stage. When they came before the board to be questioned, naturally a lot of them were very nervous, particularly when dates and periods were being thrown at them, and they were asked: "What about such a thing in the first period and about such a thing in the second period?" and so on. It is hard for a person to remember particular dates within a period. I know that these officers were prepared to help them in every way they could, but these men did not understand that. If they had had the cheek to ask these officers a question regarding the dates, these officers would have tried to facilitate them as best they could. But they did not do that, and the result was that the case they made on their application forms and the case that they made before the board conflicted, or one did not bear out the other.

There was also, of course, the question of the case made by verifying officers. In some instances, verifying officers had not gone into each individual case as they should have if they were to verify the cases properly. If I have to make a case for an individual before any Department I must know the whole history of the case, or otherwise I cannot make the case as it should be made. The verifying officers, after all, are only human beings and they may have had to verify the cases of 40, 60 or 80 men. That would be all right if it were a question of doing it for a recent period, but when a man has to go back 15 or 20 years and try to remember things that happened in that period, particularly if verifying for a person who may have been with him in one scrap but not in another, it is very hard for him to make the position very clear.

I know cases where references were submitted on behalf of men to the effect that they gave service in such-and-such a place on such-and-such a date and, for some reason, these references have not been accepted. I sincerely hope that the Minister will find some way of dealing with these cases. The number is not so very great. Despite what Deputy Dillon or some other Deputies have told us thousands of times, this country is not bankrupt yet, and will get over having to contribute the few extra pounds to meet these cases. The country will be able to survive that. The Minister need not have any fear in that direction and the Minister for Finance can also be assured of that. I ask the Minister, therefore, to give consideration to these cases. It would be no harm if Deputy Cafferky realised that some of the men who were in this movement and who were actively engaged in service during those difficult years had their nerves shattered. If you read the papers every day you will find that many of these men are fading away. These men are not to be compared with men who had a rather rosy time.

They deserve looking after.

You cannot take the book by the cover.

A man with nerves is worthy of being looked after.

A man like you does not know very much about it.

I want enlightenment.

I can enlighten you. Men who were in this movement went hungry for days, and, perhaps, for weeks they did not take off their clothes. When that continued for a year or two years it must have an effect on them in later years. Perhaps, that is a little bit of enlightenment for Deputy Cafferky. Such hardships must have told on these men in after life. As I say, the number of these cases to be considered is not very many, and I am sure the vast majority of the people will be grateful to the Minister and the Minister for Finance if their cases are looked into. Whatever small amount it will cost will be gladly met by the country.

It would appear to me that the hub around which this debate revolved to-day was that pensions should be granted to everybody who stated that he had a claim to a pension. As most Deputies are aware, there is a board operating, with a judge presiding, and with representatives of the Old I.R.A. attending. Applicants can place before that board any case which they have to make. In the first instance, they are provided with forms in which they are asked to give certain details, following certain printed instructions, and every possible help, from the point of view of the printed form, is provided in order that the men may state as fully as possible every possible phase of service which they think they gave to the nation.

I have seen some of these forms. I have seen them filled in with very closely lined pages of writing. I have examined some of them, not in my official capacity as a Minister, because I would have no right to see them, but in my capacity as a verifying officer in other times, and it was patent to me that the forms as filled in could never in any circumstances produce a result which would be favourable to the applicants. These men not only had help from the printed form, but they had help from their colleagues, from men who had served with them in the Volunteers, and neither the men who were filling in the forms, nor the men helping them could produce any more evidence than was produced on the forms, and how that board can be expected to give a verdict in favour of the applicant would appear to me to be rather puzzling.

The judge must base his decision on the evidence before him. There have been three judges since the board was established, and not one of these, in my opinion, held the slightest prejudice against any of the applicants, and it was with very great regret that I heard Deputy Corish refer to the late referee —Judge O'Donnell—and use words to the effect that his former political outlook would not permit him to do justice to certain of the applicants. The Deputy said he was not making a charge, but, if that is not a charge, I do not know what charges are. It was certainly a very grave insinuation. A judge, I understand, is sworn to do justice in the case with which he is dealing, and nobody who met the late Judge O'Donnell, whatever political views he may have held, either in the past or up to the time of his death, could suggest for a moment that he would refuse to do justice to applicants in general because he did not agree with the actions in respect of which they were applying for pensions. I regret that statement very much, and I am sure that Deputy Corish, when making it, scarcely realised that he was making a charge against such an honourable man.

The fact remains that everyone of these judges dealt with these cases on their merits and on their merits alone. They had no particular interest, good, bad, or indifferent in applicants. They had an interest only in the case placed before them for decision, and their decisions, I am certain, were always based on the evidence placed before them. What else did we do? We placed at the disposal of the referee two Republican Army Officers of senior rank. What was the purpose of placing these officers at the disposal of the referee? It was to see that the interests of the applicants would in every case receive proper consideration.

That was not sufficient. I mentioned on a former occasion that I deliberately and with malice aforethought loaded the dice, so to speak, against the Minister for Finance, by placing in the position of secretary to the referee an old I.R.A. man with a record second to none in this country. Deputy Lynch made an appeal to me to-day and said he would be satisfied if I agreed to allow the secretary to the referee to decide what cases should be referred back. I want to assure the Deputy that that is in effect what has been operating for some time past. Here we have the position of the referee basing his decision on purely legal grounds and the applicants being helped in practically the same way as that which operates under the British system of the "soldier's friend", to which some Deputy referred to-day, and if the decision is against the applicant, the applicant is allowed 21 days in which to appeal. Approximately 20,000 have taken advantage of that right to appeal. Deputy Lynch was, I think, referring to a different type of appeal when he asked me earlier what number of appeals had been referred back by the Minister.

I think the Minister stated a few months ago that there were still about 50,000 appeals to be dealt with.

They have been dealt with, but I am referring now to appeals on the ground that there is now available additional evidence—which is a totally different type of appeal. These appeals numbered 808. In other words, the applicant, having failed in his 21 days' appeal, makes an appeal in which he gives sworn testimony that the evidence he is now producing is evidence which was not available at the first hearing. It is the usual procedure, I understand, in the civil courts, and 808 such cases have been referred back by me to the referee, on the advice of the secretary. Of that number, 768 have been dealt with, leaving a small number still outstanding.

Practically every Deputy who spoke to-day referred to persons who were receiving pensions to which they were not entitled. I do not know whether that was an insinuation against members of the board or not, but if any Deputy can provide me with evidence that there is a person in receipt of a pension to which he is not entitled I will guarantee to that Deputy to have the matter taken up and examined, and that if what he suggests is found to be the case, the pension will be withdrawn and the person who has made a false claim and, I presume, has produced false evidence to secure the pension, will be dealt with in the proper manner.

There was also considerable reference to "major engagement." There is no such thing as a reference to a major engagement in the Act. This conception of a major engagement, I understand, has grown up largely in the minds of the applicants themselves. "Active service" is the only definition that comes near "major engagement" in the Act, and the words contained in the particular section are also contained in the section of the 1924 Act. Listening to Deputy MacEoin and, to a certain extent, Deputy Fionán Lynch, to-day, one might come to the conclusion that all the cases that were dealt with under the 1924 Act were dealt with perfectly.

That is the impression that was left on my mind, but it is not so. I have had a number of individuals coming to me and making a special appeal to me to secure service for them, having failed to secure it under the 1924 Act.

And I made that case to-day.

Some of those men produced evidence to me such as was mentioned by Deputies here to-day, and naturally left me, as it must have left the Deputies who mentioned their cases here, wondering why the board turned the applicants down. In one particular case that I have in mind the young man—and I am only telling the House now what he told me, and the members of this House will have to understand that when they are being told these things themselves, they are only hearing one side of the case—told me of a number of engagements in which he had taken part. He not only told me that, but said that he was arrested whilst he was engaged in attending a particular class, an engineering class, I think, or something of that type, and that he was sent away to Wormwood Scrubs, where he went on a hunger strike of 24 days. After his release, he told me, he resumed his activities, was again arrested, and sent to Ballykinlar Camp, where he remained until the Truce. After his release from Ballykinlar, apparently, he joined the forces of the National Army. Yet, in spite of all this, according to himself at any rate, he had failed to secure a pension. I am only mentioning that case to show you that it is not peculiar to the 1934 Act that a man's claim, or his own estimate of his claim, at any rate, is not accepted. There may have been very good reasons in this case, but that is what he told me.

In that case, if the facts were found to be as stated by the man concerned, would not the Minister agree he would be entitled to a pension?

If the facts were as the man gave them to me, I certainly would be inclined to think that he would be entitled to a pension, but that is only my opinion.

I can give the Minister information of at least six cases under the 1934 Act in which the facts exactly fit the case that the Minister has stated, and yet they were refused.

What I was going to say was simply that the 1924 board must have had these facts before them, because if the facts presented to them were as they were stated to me by the man concerned, I do not see how the board could turn him down. I do not know how Deputy Fionán Lynch, who, I think, was a member of that board, would have regarded the evidence I have mentioned, as having been told to me, as evidence of active service.

I think it is incredible that we would have turned down such a case.

Well, I presume that what the man would have to do in order to secure a pension would be, not to convince me or any Minister for Defence, but to convince the referee. It must be remembered that when an applicant goes before the referee he is placed on his oath, and he may not be prepared to make the same firm statements that he has made outside when he had no commitments of any kind. I must presume, therefore, that a very large number of the cases which have failed, have failed because the evidence which was placed before the referee and his assessors was not sufficient to secure the person concerned service as a person to whom the Act applies. Now, the verifying officers were selected, not by the referee or by me, or by any machinery of State whatever. They were selected by the applicants themselves in every respect. When the 1934 Pensions Bill became an Act, the Brigades all over the country called together all their active officers.

Here in Dublin I know that we called not only the active officers but the individual members, by having their companies remobilised, and there it was decided that every man who served in the I.R.A. at that time would be given every help by his officers. The brigade committee at the time undertook to give all the help possible both by verification and by any other means in their power, and they did that and did it fairly successfully. I suppose, however, that in Dublin there have been more unsuccessful applicants, possibly because of the very large numbers involved, than in any other county in Ireland, and the amount of dissatisfaction that exists, while I suppose it is large, is not perhaps as large as it is in the country districts where Deputies can be continually harassed by individuals who are obsessed with the idea or impression that they are entitled to be awarded a certificate which would secure them a pension.

I do not know of any means by which these people can be given any greater opportunity than that with which they have been provided up to the present. There is no question that a sworn inquiry is necessary or that, if it is necessary, it is going to provide any different results. If the sworn inquiry were required to investigate something that the referee has been doing wrong, it might be different, but is there any suggestion that the referee or the members of the board have been doing something wrong? I do not think that that is the suggestion at all. The only suggestion, then, is that if a sworn inquiry is set up, a few more applicants for pensions will manage to squeeze through. That is the position as I see it, and, as far as I am aware, I do not think that a sworn inquiry would help in any single way. If any man believes that he has a case, he may make an appeal to the referee, in which he gives sworn testimony that the evidence which he is now producing is new evidence and evidence which was not available at the first hearing.

I move to report progress.

Progress reported; the Committee to sit later to-day.
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