The Minister for Social Welfare, in introducing this Bill, said that an important provision concerned the funds of the society which were, up to the present, invested in various investments and that these were now to be used for the purchase and equipment of premises to be used by his Department. If the Government proposes to provide itself with new buildings it should surely be done in one of two ways. If the buildings are to be constructed over a number of years then the resources should be provided in the ordinary way, as was done in the past, out of voted moneys itemised in the Vote for Public Works and Buildings. On the other hand, if the expenditure is so great and the urgency is so great, then they ought to be provided out of borrowed moneys raised in the open market in the manner in which the Government has been accustomed to raise its loans in the past. But, because the Government cannot go to the open market, it has to adopt the procedure which it proposes to adopt under Part III of this Bill.
Since I have come, perhaps a little prematurely—because there were quite a number of other things that I had to say about other features of this Bill— to Part III, perhaps it might not be any harm if we saw precisely what was going to be done there. The Bill has been hastily drafted. If not, then certainly it has been drafted with the idea of making it is as difficult as it can possibly be made for a person of normal intelligence, as I hope I am, to grasp what it is proposed to do. In Part III of the Bill, Section 21 (1) provides:—
"Payments may be made out of the fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the fund."
That looks all very well. It looks as if all the Minister is going to do is that if the building is going to cost £5,000,000—and it is going to cost a lot of money before they are finished with it—he takes the £5,000,000 and buys the building. Then you go to paragraph 3 and see a statement as follows:—
"There shall be an investment return in respect of payments made out of the fund under sub-section (1) of this section and such return shall be in the form of contributions to the fund in respect of the payments made out of the fund."
On that particular sub-section, may I say that I have never yet seen—of course, I am not a lawyer and I have not studied a great number of statutes —that phrase "an investment return" used in the precise way in which it is used here? I think it is obviously ambiguous. It might refer to a record or a report or a statement of investments. What it means, in fact, is that interest shall be paid as upon an investment. That, I think, is what it is intended to mean. Whether the courts would uphold that it does, in fact, mean that, is another matter. But there is some proof that this Bill has been hastily drafted because the Bill is not clear, because the intention is not clear, on the face of it. We have to guess what it means. I could argue that "investment return" means a record, a report or a schedule of investments. As against that, however, it could be argued that it meant an investment which would yield a return of interest. However, that is merely a minor point, anyhow, and only by the way.
Then we come to the second paragraph of sub-section (3). Remember that in sub-section (1) the Minister was empowered to acquire lands or premises. In the first paragraph of sub-section (3) there is an obligation which is not clear—but, as I am reading the section, I take it that it implies that there will be an obligation on the Minister to ensure that if he invests the funds of the society in the acquisition of premises or lands, or for the reconstruction of premises, the society would secure an adequate return from those premises. But, if that is the purpose, we find that all that purpose is going to be defeated by the second paragraph of sub-section (3). It reads as follows:—
"For the purposes of this sub-section, the payments made out of the fund under sub-section (1) of this section shall, on the former staff of the society being transferred to any premises acquired pursuant to that sub-section, be regarded as being reduced by the value (as agreed upon between the Minister and the Minister for Finance) of the part of those premises that are occupied by the former staff of the society."
So, at once, under the second paragraph of this sub-section, the assets of the society are going to be written down by the value of the premises acquired. We have here a building to be acquired for the purpose of housing a Government Department. Instead of the Government Department financing that building out of the Central Fund, it goes and robs the National Health Insurance Fund. Why all the urgency for the Bill except to conceal that fact? The Government is so hard driven to meet its commitments that it rushes in this Bill in this form. This is what you might describe as a smash-and-grab raid—and the Minister has become the particular smash-and-grab agent of the Minister for Finance. He is going to smash the National Health Insurance Society and he is going to grab its funds. That is the principal purpose, as the Minister himself has admitted, of the Bill.
There is something else happening in Part III, Section 21 of the Bill. There are some other rather curious provisions in this Part of the Bill which are even more startling than that. Sub-section (7) of Section 21 reads:—
"In dealing at any time before the 1st day of July, 1954...."
I wonder why the 1st July, 1954, was selected? Is it because that by that period the Minister for Finance hopes he will have been elevated to the Bench—I am told he has ambitions in that direction—and that his angry constituents in Dublin North Central, who have been pressing him regarding the disposal of Store Street, will no longer be a menace to him? However, passing away from 1st July, 1954, and coming to what is a much more important aspect of the sub-section, we read:—
"...with any matter arising out of any acquisition, construction or reconstruction pursuant to sub-section (1) of this section or arising out of any disposal pursuant to sub-section (5) of this section, it shall not be obligatory on the Minister to refer to any other Minister or obtain the consent or sanction of any other Minister."
What does that mean, except that under that sub-section the Minister for Finance is being ousted from his constitutional function? I say "constitutional function" advisedly because the Minister for Finance under our Constitution holds a special place. He must be a member of Dáil Éireann because he must be a Minister responsible to Dáil Éireann for the disposal of public moneys. Here we have in this Bill—I doubt if the Bill is not repugnant to the Constitution—a proposal to oust the Minister from his position as the Minister responsible to Dáil Éireann for the management of public moneys and public properties. What is going to be the position? Under this Bill, the Minister for Social Welfare may buy from whom he likes, what he likes and for as much as he likes. He may sell to whom he likes what he likes to buy under this Bill, and for as much as he likes to ask. I think that is a very unsound principle to accept. I hope that even the ranks of the Coalition will rebel against it if they have any regard for their responsibility to the taxpayers of this country. It is a very sound principle that a Minister cannot dispose of public moneys in that way except with the consent of the Minister for Finance. Quite obviously this is intended to oust the responsibility of the Minister for Finance to Dáil Éireann in respect to the user of the funds which the Minister for Social Welfare is going to get under this Bill and in respect of the power to purchase or acquire premises.
Then what do we have at the end as a finale to this particular section? We have this:—
"This section shall be deemed to have come into operation on the 1st day of July, 1949."
Why is it necessary that the particular section relating to the acquisition of property should come into operation on 1st July, 1949? Why did the Minister not tell us the reason when he was introducing this Bill? Why should he try to keep it from the public? Why should he endeavour to conceal it? Surely there is some explanation, something that apparently the Minister is not anxious to disclose to the Dáil. It is a most peculiar situation. The Minister is presumed not to have had power to acquire these premises. He is only attempting to take the power now, but we are to back-date the power for almost 12 months, back to 1st July, 1949.
Deputies will have noticed that Deputy Lemass has been putting a series of questions down in relation to the Store Street building which the Minister for Social Welfare has told us he proposes to acquire under this section. Deputy Lemass put those questions first to the Taoiseach, asking whether the Government had agreed to purchase Store Street station; whether, if it purchased Store Street station, it yet knew how much it would have to spend to adapt the Store Street building to the needs of the Department of Social Welfare; whether, if it had not yet purchased Store Street station, it had entered into any negotiations in relation to the purchase, and whether, if it had entered into any negotiations in relation to the purchase, plans were being prepared for the adaptation of these buildings to the use of the Department of Social Welfare. A whole series of other questions of the same nature were put, trying to obtain for the benefit and information of the public the facts as to the relationships between the Government, Córas Iompair Éireann and the Department of Social Welfare in regard to this building about which there has been so much controversy. The Taoiseach refused to answer him and fobbed him off on the Minister for Finance. The same questions were put down to the Minister for Finance and the Minister for Finance refused to answer them and fobbed them off on the Minister for Industry and Commerce. The Minister for Industry and Commerce refused to answer them, and Deputy Lemass was sent to the Minister for Social Welfare; but no Minister has given to the public the information which Deputy Lemass has asked for. Yet here is the proof in this section that some negotiations have been going on, that some indication had been furnished to someone that Store Street station was going to be acquired and that there must have been some discussion as to the terms upon which it is going to be acquired, the responsibility for adapting it and the cost to the public of adapting for the use of the Department of Social Welfare a building which was designed for quite another purpose.
I pass on from Section 21, or, perhaps, instead of passing on, I should retrace my steps to show the nature of the legislative proposal which is being submitted to the Dáil. I go back, as an example of the manner in which this Bill has been drafted to sub-section (2) of Section 2—what is commonly called the definition section. Here we find this phrase:—
"A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of powers."
The craze for economy has gone to such lengths that the Government, rather than make its definition clear, tries to concertina what should be two separate statements into one sentence.
Let us see how that works out when we come to apply this reservation—it is not, in fact, a reservation, but this extension of meaning—to one of the sections of the Bill. Remember that we are told a reference in this Act to performance of functions includes, as respects powers, a reference to the exercise of powers, and then we come to Section 5 (2) and we read this:—
"The functions which the society had immediately before the transfer day are hereby transferred to the Minister and shall be performed by him."
Could somebody tell me, if you try to construe that statement in the light of what is said in Section 2 (2), what precisely it means in regard to powers? It is clear enough in relation to functions, but if we try to substitute the word "powers" for the word "functions" what do we get?
"The powers which the society had immediately before the transfer day are hereby transferred to the Minister and shall be performed by him."
There is no other way in which that section can be read. One can exercise, use, or avail of powers, but I have never yet known it to be common English usage, and I doubt if it is used in law, to say that you can perform powers. But there it is, and it shows you the manner in which this Bill has been drafted.
If one wishes to read through this Bill, there are a number of other examples of clumsy and hasty drafting. I come, however, to what is perhaps, from the point of view of the general mass of the people, a much more serious aspect of the proposal than any I have yet touched upon. It has not been mentioned by the Tánaiste in introducing the Bill. He was mainly concerned with smashing the society as rapidly as possible, and grabbing its assets with equal alacrity. But there are others than the Minister for Finance, the Minister for Social Welfare, and the staff of a Department which has to be housed in a suitable building, who ought to be considered. Deputies know that under the national health code insured persons have certain rights vis-a-vis the society, and certain rights of appeal from the society to the Minister. Section 5 (3) says:—
"Nothing in this section shall affect the rights or obligations under the Acts of insured persons or of employers."
Under the Act of 1911 there was a provision made for the settlement or the determination of disputes. Briefly it meant this originally, that if a person was aggrieved by the action of an approved society in refusing to pay benefits which he claimed to be entitled to, he had an appeal to the National Health Insurance Commissioners. After the passage of the Ministers and Secretaries Act of 1924 the National Health Insurance Commissioners for Ireland disappeared and their place was taken by the Minister for Local Government and Public Health. Ever since, whenever a person was denied the benefits to which he was properly entitled, by any of the approved societies, before the passage of the 1933 Act, or by the unified society after the passage of the 1933 Act, he had an appeal to the Minister.
Of what avail is that going to be to him now? Deputies who have been in touch with national health insurance matters know that that was a very important right. It is going to disappear under this Bill despite Section 5 (3). The Minister will now become the society. He will have all the powers of the society and you will be appealing from Satan to Beelzebub, if you are appealing from the Minister for Social Welfare to the Minister for Social Welfare in a matter of this sort. He is going to be the big end of the stick. The rights of insured persons are not going to be the same after the passage of this Bill, whatever Section 5 (3) says. They will become radically altered, because there is no right of independent appeal left to them and there is no provision in this Bill for it. The Minister for Social Welfare becomes the sole arbiter of their destinies; he can pay them what he likes, or refuse to pay them if he likes, and the only satisfaction they will have, after the passage of this Bill, is that they will know he has collared their funds and will use them for the purpose of meeting charges that ought to be charges on the Central Fund.
There are a number of other matters that will arise for consideration in the course of the Committee Stage. What is going to happen to the National Health Insurance Reserve Fund? I have some interest in that fund. I was responsible for setting it up. What will happen to that fund and to the benefit fund? They are going to be placed at the disposal of the Minister for Finance and the Minister for Social Welfare to do virtually what they like with—the Minister for Social Welfare between now and 1st July, 1954, and after that date both Ministers if they agree together can do what they like with the money. They can buy land for Government purposes, they can buy property to house more Government Departments, and as the Department for Social Welfare grows more and more, the whole fund which was originally designed to provide benefits, and which was called the benefit fund, can be disposed of in the manner in which the Minister for Social Welfare proposes to dispose of part of it in this Bill.
What did we say in 1942 about the National Health Insurance Reserve Fund? It is the only buffer that stands between the national health insured person and the difficulties which their society might have got into if abnormal conditions were to arise. The benefit fund similarly is the fund which was accumulated over the years by the surplus contributions of insured persons, and it was the source and the basis of the stability of the society, and out of the surplus income of which the additional benefits were being provided.
We do not know what the position of the benefit fund is to-day. We do not know what the position of the National Health Insurance Fund—"the fund" it is called in the Bill— is to-day, and we do not know what the position of the National Health Insurance Reserve Fund is to-day. The Minister did not tell us, but we are entitled to know that. I think he ought to have told us that when he was introducing this Bill. What is more, so far as the Minister is concerned this Dáil is not going to get any further information on that matter. The reason I say that is this. If Deputies will turn to Section 19—may I say, incidentally, that here we have an example of the hasty printing and drafting of the Bill—they will see it deals with two more or less different matters. Sub-section (1) of Section 19 deals with Section 2 of the National Health Insurance Act, 1942. That provided that there should be quin-quennial valuations which would indicate the position of the assets of the society, whether they were sufficient to cover the existing and future liabilities of the society at the date upon which the valuation was made. Under sub-section (1) of Section 19 these valuations are no longer going to be made, and with the repeal of that section there disappears the obligation on the part of the Minister to lay a copy of the actuary's report of his valuation before the House. Sub-section (2) of Section 19 deals with something quite different. It provides that in sub-section (4) of Section 3 of the National Health Insurance Act, 1942, certain words will be substituted. Sub-section (4) of Section 3 of the National Health Insurance Act, 1942, provided:—
"In this Act references to the amount made available for additional benefits in any year of an additional benefit period shall be construed as references to the amount determined by the Minister under this section in relation to such year."
For that sub-section it is proposed to substitute:—
"such amount (not being less, in the case of the year ending on the 31st day of March, 1951, and of the year ending on the 31st day of March, 1952, than £300,000) as may be fixed with respect to the year in question by the Minister for Social Welfare with the consent of the Minister for Finance".
I only quote sub-section (19) (2) to prove my contention that this Bill has been hastily drafted, because it provides for something entirely different from what is proposed in sub-section (1) of the section. There should have been, as is the custom when a specific matter is being dealt with in a Bill, a new section to cover it and a separate marginal note. However, I say that only on the general question of the haste with which this Bill and the carelessness, if I may put it that way, with which the Bill has been submitted to the Dáil by the Minister.
To come back to Section 19 of the Bill, perhaps I should point out again that Section 2 of the Act of 1942 obliged the Minister, with the consent of the Minister for Finance, after the expiration of each financial period (other than the first financial period) to appoint an actuary whose duty would include the making of a comprehensive review of the finances of the National Health Insurance Society at the end of such financial period. Now, it is an extraordinary thing that the last relevant financial period in this matter should have been the 31st day of December, 1948. We are now approaching the middle of 1950. There was a review of the actuarial position. I think, in the year 1943. The report was published and is available to the House. What has the Minister done in regard to the obligation to have an actuarial valuation made of the society's position as at the end of 31st December, 1948? Has he had the valuation, is he afraid to disclose it or what has happened to it? Why was it necessary to put that provision in the Bill?
I have commented elsewhere, in dealing with this question of the alleged social security scheme which the Minister is going to produce, about the paucity of the statistical information supplied in the White Paper. Surely if we are going to have a social security service upon a sound financial basis, we ought to have an actuarial valuation made of the existing liabilities under existing social services. Why is it necessary to put Section 19 in the Bill? What is the Minister afraid to disclose? Is it that he does not want to admit to the public that he has been so careless about the financial implications of his truseeship over a public Department that he has not even bothered to take steps to have an actuarial valuation made, or has the actuarial valuation been made and does he not want to disclose the result? Does he, instead, want to bury it deep in his files? Is he afraid, for instance, that it would afford too much ammunition for critics of further forthcoming legislative proposals of his?
I think the Minister ought to have told us why it is proposed to repeal Section 2 of the National Health Insurance Act of 1944. Mind you, there are not many provisions of the national health insurance code which the Minister proposes to repeal. He has selected only a few. Why does he select this particular one? There is an obligation on him under that particular section to have an actuarial valuation made, and there is an obligation on him to lay the report of the actuary before the Oireachtas. Is that why Section 19 is in the Bill—in order to relieve him of that obligation?
There are a lot of other things which I could say on this Bill. There is scarcely a section in it to which objection, and serious objection, could not be taken. The principal objection that I have is to the fact that, first of all, it proposes to take the property of other people because, remember, these funds do not belong, and have never been held to belong, to the Government. They belong to the insured persons. They were built up for their use and benefit. If the Government proposes to appropriate private property, because that is what it is, trustee property, because that is what it is in this case, it will not be long before it turns its attention, as the Minister for Lands has shown, to private property more intimately associated with private individuals in this country.