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Dáil Éireann debate -
Wednesday, 6 Nov 1946

Vol. 103 No. 2

Ceisteanna—Questions. Oral Answers. - Court Officials' Pension Scheme.

asked the Minister for Justice if he is yet in a position to state when the schemes to award pensions to District Court clerks and Circuit Court clerks will be framed and implemented.

Mr. Boland

As I told the Deputy when replying to a somewhat similar question from him at the beginning of the year, a distinction must be drawn between Circuit Court clerks, practically all of whom are employed whole time, and the District Court clerks, most of whom are not. Specific proposals for the grant of pensionable status to existing unestablished officers serving in the Circuit Court offices who fulfil certain conditions are under active consideration, but I can hold out no hope of the grant of pensionable status to any District Court clerk who is not a whole-time officer.

Is the Minister not aware that many of these clerks were appointed away back in 1923? They were former clerks of Dáil Parish Courts and they were then given an assurance that, provided they served a satisfactory period of probation, they would be established as whole-time officers with pensionable rights. Is the Minister aware that some of these men, who rendered very valuable service during the Sinn Féin and Volunteer days, are now in a shocking state of misery? Is the Minister aware that one particular District Court clerk in my constituency, who was the first secretary of the Sinn Féin Election Committee in Kilkenny, a pioneer in the Sinn Féin and Volunteer movement, and who subsequently served as parish court clerk in various parts of the constituency, is now an inmate of the Thomastown County Home without any means of subsistence whatever? Does the Minister consider it fair that a man of that type should be treated in this manner?

Poor Tom Flavin died in a county home.

When may we expect these regulations to be made?

Mr. Boland

As soon as possible. The matter is under active consideration but the regulations will apply only to whole-time existing officers.

Is the trouble with the Department of Finance?

Mr. Boland

It is their job. The Department of Finance has to deal with establishment questions.

Is the Minister aware that many of these officers were prevented from taking up any other employment while acting as District Court clerks? They are prohibited by law under penalty from taking up any other work.

Mr. Boland

That is not so.

It is so, in certain cases,

Mr. Boland

If they are whole-time, and, if they are whole-time, they will be considered.

Is the Minister aware that quite recently in England they provided for magistrates' clerks serving up to the age of 72 and for giving them reasonable pension rights after that age, whereas we propose to retire them on 25 per cent. of their salaries, or some figure like that?

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