asked the Minister for Local Government if he will reconsider the decision of his Department not to sanction applications for pensions from road workers whose claims were not received by local authorities before the specified date.
Ceisteanna—Questions. Oral Answers. - Road Workers' Pensions.
The Local Government (Superannuation) Act, 1948, provides that existing permanent servants under 60 who wish to avail of the provisions of the Act relating to superannuation must apply in writing to their local authority within six months of the coming into operation of Part III of the Act in relation to the local authority. The limit of six months within which applications may be made is a statutory provision and the Act gives me no power to sanction an extension of it.
I have a case in mind of a man who applied just a month afterwards and who was told by the local authority that he was too late. Will the Minister now consider this man's case if I give him particulars?
I have tried to make the Deputy aware, in my reply, of the position as I find it. I am conversant with the case to which she has referred and I suggest that she should raise the matter with the local authority of which, I understand, she is a member and, perhaps, seek the advice of their legal advisers. I have given as far as I can, in my reply, the statement of the position as I find it.
I have made representations to the local authority but they tell me that if a man works for a further two years and has a specified number of working days he will get a pension. That is very inconsistent because if he is sick he cannot work and if he does not work he will not get the pension.
As I am informed by our legal advisers that the limit of six months within which applications may be made is a statutory provision and that the Act gives me no power to sanction an extension of that limit, the Deputy will appreciate what my position is.
Having regard to the technical nature of the reasons that debar an employee from receiving a pension, will the Minister consider the introduction of a short amending Act extending the period to two years? I may add that many people do not know when an Act of Parliament is passed and if, therefore, the Minister considered extending the period by a short Act, everybody in the House would be indebted to him.
That is an entirely different position. I am asked to reply to a question having regard to the legal position as it is at present.
I quite appreciate the Minister's position, but as there are a great many employees similarly affected throughout the country would the Minister not consider extending the period from two months to two years by a short amending Act?
It is the duty of a Minister to consider every aspect of a problem, but the very fact of giving an assurance that such a matter would be considered sometimes carries the implication that an amending Act would be introduced and I must say that I am not in a position to give any such assurance.