Dáil Éireann debate -
Tuesday, 2 Jul 1946

Vol. 102 No. 1

Committee on Finance. - Continuation of Compensation Schemes Bill, 1946—Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Minister for Finance (Mr. Aiken)

Deputies will recollect that the Taoiseach undertook in relation to the emergency powers legislation, that Orders or instruments made thereunder would as far as practicable be provided for in special legislation if the continuance of the powers conferred under these Orders or instruments was found to be necessary. On the basis of that undertaking, I propose to provide in this Bill for the continuance of the following compensation schemes which were found to be necessary during the emergency: (a) The scheme providing for payments of compensation to civilians who were injured by bombs, etc; (b) the L.D.F. Compensation Scheme; (c) the L.S.F. Compensation Scheme, and (d) the Compensation Scheme for Seamen.

The A.R.P. Compensation Scheme is being dealt with in a separate measure amending the Air Raid Precautions Act, 1939. In the case of civilians and seamen the provisions of the Bill will apply to claims in respect of injuries received prior to the 2nd September, 1946. It is unlikely that any injury arising out of the circumstances in respect of which those schemes were necessary will arise after that date.

General Mulcahy

Is that under Section 1?

Mr. Aiken

Yes. The final date so far as the L.D.F. are concerned is 31st March, 1946, the date on which the force was disbanded and, in the case of the L.S.F., the governing date is the 30th September, 1945. The schemes, as Deputies are aware, provide power to pay compensation in respect of injuries and to vary such claims according to the percentage degree of disability found by the Army Pensions Board to exist from time to time. It is necessary that these powers should be retained after the expiry of the Emergency Powers Acts, from which the powers originally derived, and this Bill is designed to meet that end. The Bill also continues the power taken by the Emergency Powers (No. 269) Order, 1943, to exempt payments of compensation from the suspensory or abatement provisions applied by the Military Service Pensions Acts, 1924 to 1945. That Order did not apply to seamen's compensation and while, so far as my information goes, we have not had a case of an injured seaman who was also a recipient of a military service pension, I thought it well to place this scheme on all-fours with the others in regard to the application of the Military Service Pensions Acts.

The total number of awards made under the civilian scheme as on 31st May last was 176 and the amount disbursed to that date came to £17,240. Fifty-two claimants are still in receipt of weekly compensation. Two hundred and thirty awards were made under the L.D.F. scheme, 32 of which are still continuing. The total amount disbursed to date in respect of the L.D.F. scheme is £7,349. In the case of the L.S.F., the number of awards was 46 and the number of cases in which payments are still being made is 13. The total amount of payments to date is £2,900. Two hundred and nineteen awards were made to or in respect of seamen who were injured or killed by belligerent action, and of these 157 persons are still in receipt of compensation. Payments in respect of seamen's effects were made in 378 cases. The total payments to date under the seamen's scheme amounts to £65,300. The total sum of all compensation, etc., paid to date under the four schemes amounts to £92,789. The amount of the awards now current may be put at £17,860.

General Mulcahy

Will the Minister say what is the date of ending of the seamen's scheme?

Mr. Aiken

The date will be the 2nd September of this year—1946. We will not have power to accept any new claim after that date.

General Mulcahy

If there are cases of seamen who are injured through floating mines, or anything like that, they would still remain to be dealt with in the future.

Mr. Aiken

I am afraid it would require a new Act for a special payment.

General Mulcahy

What happens at the present time?

Mr. Aiken

There have been no cases of injuries by mines recently. The 2nd September is the limiting date; and if any cases occur between now and the 2nd September they can be dealt with. If seamen happen to get injured by floating mines, or anything like that, after 2nd September, we shall have to make a new Act of Parliament.

General Mulcahy

In what way are people who are injured through an explosion, such as the one which occurred at Dalkey recently, covered?

Mr. Aiken

They are covered on the civilian side.

General Mulcahy

Are they covered up to 2nd September, 1946 also?

Mr. Aiken

The point to remember is that they are covered up to the 2nd of September of this year—that is, if the injury took place before the 2nd September of this year. In the case of anybody who was injured in the past and whose claim was assessed, if he was granted a pension on a permanent basis, that pension will continue as long as he lives or suffers from the injury.

General Mulcahy

There are a few questions I would like to ask. The first one is whether any moneys have been recovered from any of the belligerents in respect of damage caused by bombing or other military action. In connection with the North Strand, for instance, have any moneys been recovered in the way of credits, which were in existence, to cover the cost of damage done there. The second question is whether, in respect of injuries that may arise as a result of floating mines to either civilians or seamen, after the 2nd September, 1946, any provision will be made for compensation. There is a continuing possibility of such injury occurring. I want to know what the position is.

Mr. Aiken

I have not got the particulars of the amounts recovered in respect of injuries inflicted on our people by belligerent action. A number of people were injured by bombs and by mines exploding on the coast. I could not state definitely what the position is. I would prefer that the Deputy should put down a Parliamentary Question and, in reply, I shall give him all the information I have. I know that a certain sum of money was collected here which was due to German nationals; portion of it was used for the payment of compensation in respect of the Campile bombing. I do not think the residue went very far towards meeting the compensation granted in the case of the North Strand. If the Deputy puts down a Parliamentary Question I shall give him all the particulars, or it may be possible that at some future stage of the Bill I shall have the particulars available.

The second question is as to what would be the position after the 2nd September if a person is injured by a floating mine. This Bill limits our powers to grant compensation to persons who were injured before the 2nd September. After that date, should such injury take place; we would have to do one of several things; we would have to get compensation from the country owning the mine, or other instrument of war, which so injures our people; or we would have to come to the Dáil for permission to make an ex gratia payment; or we would have to amend this particular Bill or introduce another Act of Parliament to provide for them in the same way as we provided for the people injured prior to 2nd September.

Question put and agreed to.

Committee Stage fixed for Wednesday, 3rd July, 1946.