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Dáil Éireann debate -
Thursday, 19 Oct 1944

Vol. 95 No. 3

Ceisteanna — Questions. Oral Answers. - Military Service Pensions Act, 1924.

asked the Minister for Defence if he will state what were the qualifying conditions for a successful applicant under the Military Service Pensions Act, 1924; whether service with the I.R.A. during the "first critical date" or service in the National Army during the subsequent period or "second critical date" constituted an essential qualification for pension; and whether the evidence of a verifying officer who had served in the National Army during the "second critical date" and who verified for I.R.A. claimants for "first" and "second" critical dates may be accepted under the 1934 Act.

The Military Service Pensions Act, 1924, applies to every person who—

(a) at any time subsequent to the 1st July, 1922, and prior to the 1st October, 1923, was serving in the National Forces or the Defence Forces of Saorstát Éireann, and

(b) rendered military service in Óglaigh na hÉireann or in the Irish Volunteers, or in the Irish Citizen Army, or in Fianna Éireann or in the Hibernian Rifles during the week commencing the 23rd April, 1916, or throughout either of the following periods:—

(i) the period from the 1st April, 1920, to the 31st March, 1921; or

(ii) the period from the 1st April, 1921, to the 11th July, 1921.

There is no reference in the Act of 1924 to the "first" and "second""critical dates".

The referee will accept the evidence of any verifying officer who had served in the National Army, not only in respect of pre-truce service of an applicant under the Act of 1934, but also in respect of the post-truce service of such applicant, when such evidence is available.

Do I take it that the Minister will accept the evidence of a man who was in the National Army as a verifying officer for I.R.A. men for the second critical period— the Civil War?

That is correct.

A man can act as a verifying officer for I.R.A. men who took part in the Civil War even though he was an officer in the National Army at that period?

That is correct.

How could he verify for such men? What does he know about them?

He could verify, for instance, that he took a particular individual prisoner in arms. Could he not do that?

Certainly he could do that but otherwise how could he do it?

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