asked the Minister for Industry and Commerce if he will state on what grounds unemployment assistance has been refused to Mr. Patrick Diamond, Pallagurrane, Garnatra, Ballina.
Ceisteanna.—Questions. Oral Answers. - Mayo Unemployment Assistance Claim.
Mr. Diamond is not the holder of a qualification certificate under the Unemployment Assistance Acts and cannot therefore qualify for the receipt of unemployment assistance.
A person born outside this country is not eligible to hold a qualification certificate at any particular date if he has not been ordinarily resident here for the five consecutive years immediately preceding such date. This requirement is not operative if such person's mother was ordinarily resident here at the time of his birth.
Mr. Diamond was born in Glasgow where his mother was then ordinarily resident. His present period of residence here dates from December, 1939, when he returned from England. He is, therefore, unable to satisfy the statutory condition relating to residence that must be fulfilled for the grant of a qualification certificate in his case.
Is the Minister aware that Mr. Diamond came to this country in 1918 and lived here continuously for 26 years? In 1937, due to economic circumstances, he was forced to go to England for the harvest three or four months. He took part in the 1934-35 election and the plebiscite for the Constitution and is on the voters' register. Under what Act is he deprived of unemployment assistance?
Under Section 10 (3) of the Unemployment Assistance Act, 1933, he was debarred. According to that section, he must be resident in the country for five years prior to the date of his application and he had not that period of residence.
To my knowledge, he was in this country prior to the setting up of this State, prior to the enactment of the Treaty between this country and Great Britain. He was here in 1918 and up to 1937 without a break. There was then a break, due to the economic circumstances, which forced him to leave for three months' harvest work. He drew the dole and unemployment assistance in 1934 and 1935. Due to his going away in 1937, he was deprived of the dole and the unemployment assistance when he came back. The Parliamentary Secretary may have been misinformed.
The position was that, on the occasion on which he was qualified, he had the necessary statutory residence prior to his application. He was born in Glasgow.
In what year did he come to this country?
I do not know.
It was 1918.
He had the necessary five years' qualification before his first application. On the date of his recent application, he had not that five years' qualification, but that will expire this year.
With all respect to the Chair, this is very important. This man was in this country prior to the setting up of this State.
The Deputy has so stated twice. If he has a new supplementary question to put, he may ask it.
I have received an unsatisfactory reply.
Has the Deputy a supplementary question?
The Parliamentary Secretary is debating my supplementary question.
It seems to be a matter of statutory disqualification.
I have quoted the particular section of the Act under which this man is debarred from participating. It is a statutory qualification and I cannot alter it.