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Dáil Éireann debate -
Wednesday, 6 Jul 1955

Vol. 152 No. 2

Committee on Finance. - Vote 57—Army Pensions (Resumed).

Last night when I moved to report progress, we were dealing with the question of applications for medals and the case of those who had also applied for military service certificates. I pointed out that most of the views expressed in the House were views I had already expressed myself on some previous occasion and that it was a legal question that the person who had applied for a military service pension was not regarded as having applied for the medal. I also said that there was a reason for that—namely, in my opinion, a number of people who filled in applications for medals thought they would lessen or reduce their claim for a service certificate. I want to say that the whole question of the medals is giving me very serious concern. It gave my predecessor very serious concern.

I would like to take the House into my confidence to show what sort of situation has developed. Let me point out at the start that applications for certificates of service under the 1924 Act numbered 22,050. The number of applicants under the 1934 Act was 64,480. On these figures, at least, I would be satisfied that that number would include everybody who did anything in the struggle during the period 1916 to 1923 inclusive—it does not matter which side they were on. They did not include everybody. The number of 1916 medals alone issued is 2,480; for 1917 to 1921 the number of medals with bar issued is 14,615. You could take all these as people who had been granted certificates of service. The number of medals without bar issued is 36,797. The total number of medals issued is 53,820.

How did any Black and Tan escape at all?

Let us not bother with that. The total number of applications for medals without the bar is 62,473. Of that number 34,797 are issued and the number refused is 2,605. The number of applications withdrawn or not followed up by the applicants is 9,206, and the number of claims still under consideration on the 31st May, 1955, was 13,865. That gets every member of the Old I.R.A. thinking very seriously, and it certainly gave me to think very seriously on the whole question. I do not want to commit my predecessor but I feel that it made him think also. If he were here perhaps there are further statements I could make but in his absence I am not going to do so.

The number of service certificates granted under the 1924 Act was 4,093 and the number of applications was 22,050. Under the 1934 Act the number that applied was 64,480 and the number of certificates issued to date is 13,225. Under the 1949 Act the number of certificates issued is 1,600 odd. The disturbing feature about medals is that they have been and are still issued on the certification of two officers of the battalion or brigade.

Last night Deputy Flynn appealed to me for a loosening-up of that form of certification so that it might be made easier. In the County of Kerry alone there are 58 cases in which medals were granted and subsequently 29 of the persons concerned were granted special allowances. Subsequent to the issue of the medals and the special allowances, four senior officers of the Kerry Brigade reported that these people were never in the Volunteers at all although in most of the cases the people reporting that were the people who originally certified that they were in the Volunteers.

That shook my predecessor. It certainly shook me. When that information came to my predecessor he did the only thing he could do and that was to withdraw the medals and cancel the special allowance where it was being paid until there had been further examination and investigation. It was because Deputy Flynn asked me to open up this matter and made certification easier that I mention County Kerry but on reinvestigation of these 58 cases it was found that only eight people qualified for restoration of the medal and allowance.

The total number of these cases all over the country in which reports have been received is 106 and there is not a brigade area in Ireland where there is not a person who appears to have received the medal improperly. That forces me into the position that I will have to review the whole question. There will have to be a complete examination of the whole problem. How I am going to do it and how I am going to advise the Government as to what they should do I am blest if I know because of all the pieces of legislation that ever went through this House this is the most difficult that was ever given to a Minister to operate. Why it should be the unfortunate Minister for Defence that is called on to operate it I do not know. It should not be part of the defensive problem of the country as to how pensions should be paid.

I for one would surrender the thing to any other Minister with the utmost alacrity were it not for one fact and that is that I would be afraid that I would be avoiding my responsibilities and that some of my comrades of the past would not be given what they are entitled to. That is the problem. I am sure there is not a Deputy listening to me who does not realise that it is a terrible situation. I have met deputations from the Old I.R.A. and put the difficulty to them. I have asked them to give me a solution—to give me a record from each brigade area of who were and were not in the pre-Truce Vouunteers, and I have told them that I do not care in what circumstances some of the previous records were made, but that I will agree to consider the matter on the records now supplied by them to me. It is a big task to ask the brigade officers of any particular area to do that. Some of them have accepted the task and some of them have done so not so willingly. There is that problem.

On the question of allowances raised by Deputy Gilbride, the Act lays it down clearly that there must be an examination of means each year. Where the applicant has the old age pension himself it is not taken into consideration but where the husband and wife are both in receipt of the old age pension the wife's pension is taken in. Where a son is contributing a sum to the house—say £2—it is not calculated at that rate for means purposes but at the rate of 10/- and in some cases it is down to 5/-. The means test is there since special allowances started and to do anything about it would mean new legislation and, as I said last night, that does not arise upon the Estimate. Whatever steps I am going to take about fresh legislation will have to be examined and brought forward as quickly as possible.

Deputy Hilliard referred to the commencement date for special allowances. Again I am bound by the statute. The allowance must date from the date the medical board examines the applicant. They can only find on examination that on that particular date the disability is present; they are not able to decide or asked to decide that it was there three or six months ago. Therefore, the only thing that may appear to be wrong is the delay between the date of the application and the examination. We have tried to speed that up by appointing all over the country certain medical officers of eminent quality and qualifications. They will examine the person and send up the report to the board and the board will act upon the information sent.

I admit that does not always work out in the interests of the applicant because some of the medical officers down the country have not always the experience of the board. They have not the technique which the board has and which I must say is in favour of the applicant whenever possible. I would say that 999 times out of 1,000 the applicant gets the benefit of the doubt and that as we are getting on in years the board is now becoming more lenient. When they find a man of 59, 60 or 62, suffering a certain degree of disability, they take the view that that man is nearing the end of his labour and that he is not fit for physical labour in order to earn a livelihood. They are erring upon the right side, if I might put it that way, and I am glad they take that view.

To go back to Deputy Traynor's speech, I might say that I have the exact figures here. Since the 1949 Act was passed the number of new certificates issued was 1,604. Might I just remind the House that in 1947 the then Government decided that everybody who was entitled to a pension had got it? On examination even by the same Referee—God rest him—it was found that there were people whom he previously rejected who were in fact entitled to pensions. I am not blaming him but, as I said then in the Dáil and as I said to the Referee himself, it was unfair to ask him to revise and reject his own decisions. It was not fair either to himself or to the applicant.

I will run through these figures because they are very important. The total number of petitions received under the 1949 Act was 20,827. There were 154 applications late and I suppose if it were left for another two years there would still be 154 late. There is always somebody trying to come in when the door is closed. Negative reports after hearing numbered 3,050, and negative reports without hearing, 2,105; non-prima facie cases numbered 9,132. The number still to be dealt with by the Referee is 4,148. There were 88 forms yet in the hands of the Department not sent to the Referee. In view of what I have said you can see the difficulty. I must amend the Act or do something else in regard to this problem and I will need all the help I can get from everybody concerned.

Deputy Traynor expressed the hope that the reduction of £100 in sub-head D for travelling expenes did not mean that there would be a change in the policy of the board about going down to the country. No, the board will go down. That has been taken into consideration and this was the expenditure, as it turned out. The reduction is of no significance. The decrease of £8,807 in respect of disease and disability pensions represents the reduction in the number of new pensions expected to come on pay during the the present financial year as compared with last year. It does not represent any alteration in relation to the pensions already being paid.

The Deputy has asked a question in regard to hospital treatment. The reduction of £550 in the present provision is based on current expenditure. Nobody entitled to hospital treatment will be deprived of it because of a reduction in the amount. Deputy Traynor also referred to the latest date for applying for eligibility for the special allowance, and as I have already said that is fixed by statute and there is nothing I can do about it.

There is this difficulty under the 1953 Act and it is rather disturbing. Deputy Gilbride raised the question of an applicant under the 1953 Act who died before the award was made and whose daughter was unable to apply owing to the statutory date being passed. Again an amendment to the Act is necessary.

It was not before the award was made. In this particular case I understand the award was made.

This is what I am advised. This is a case where an amendment of the Act would have to be made. The latest date for application was August 5th, 1954. The woman died in May, 1954. If her death had been reported in time it would have been possible to have the matter put in order from the daughter's point of view. Because she did not notify the death my hands are tied. It is hard luck; it is not her fault, because the difference between May and August is not very great.

There is just one other point to which I would like to refer. I had no intention yesterday evening of being discourteous to Deputy Kennedy who raised a question in connection with the F.C.A. With your permission, Sir, I should like to say a word or two on it, if I may. Deputy Kennedy raised the question of the F.C.A. attending a memorial ceremony in Auburn and he quoted from a speech made by the person who delivered the oration. I should have liked previously to have given the circumstances of the case, but I had not the opportunity. This memorial committee was composed of all sections of the community. When I say all sections I mean all the Old I.R.A. who were on both sides of the fence during the civil war. An application was made to the F.C.A. to attend.

It was arranged that the parish priest would unveil the memorial and that he would inspect the guard of honour and do all the other things necessary. That was done and we had no indication whatever that anything unusual would occur. A local school teacher was called upon to give the oration and as far as I can ascertain the words he used were approximately those quoted by Deputy Kennedy last night in which the person concerned eulogised the happenings at Omagh and Armagh. I would like to point out that neither the O.C. in Athlone nor myself could be expected to muzzle anybody's right to speak. Sometimes, I admit, I would like to muzzle Deputy Kennedy if I could get the chance. The parish priest repudiated the speaker and asked everybody else to repudiate him which they did.

I do not think Deputy Kennedy should have gone into the barracks to lecture the O.C. for having allowed the F.C.A. to attend the ceremony. Of course it is a matter for himself but I wanted just to explain that and to show that there was no discourtesy intended in my failure to refer to it last night. I was endeavouring to try to get both votes through as quickly as I could. I should like also to take this opportunity of reminding Deputy Kennedy that he attended a Fianna Fáil convention for County Westmeath in Mullingar. He was accompanied by a colleague of his, Deputy Patrick Smith. At that convention the Athlone branch of Macra Fáil proposed a resolution almost identical in its terms with the suggestion of the speaker at Auburn.

That has nothing got to do with the F.C.A.

It is purely personal.

I will stop at that.

The Minister was going into outside matters.

I want to ask the Minister a question, but first of all I want to apologise for being unable to be present earlier in the debate. There is a case which I brought to the attention of the Minister and on which I should like the Minister to take some action. It is the case of an Old I.R.A. man with a £30 service pension. He is a single man and on account of the £30 pension all he gets at the local labour exchange is 4/- a week. I understand there is a departmental committee dealing with these matters. I would ask the Minister if he would consider taking up the matter with this departmental committee because I think it is a scandal that an Old I.R.A. man who gave service to his country should have his unemployment benefit cut to 4/- a week because of his pension.

I cannot understand that.

I am asking the Minister to go into it. I shall have the particulars furnished to him privately.

We shall have it examined. I cannot see how that could have occurred.

It is happening and I brought it to the Minister's attention previously.

Is it long since the Deputy wrote to me about it?

Perhaps I wrote to the Minister for Social Welfare. However, I should be very glad if the Minister would look into the matter.

May we take it that if there is to be a re-examination of this whole question about the special allowances and the possibility of amending the law that the suggestion made by Deputy Gilbride is not ruled out, or are we to take it now that the Minister has finally closed his mind on this matter?

No. Let me be clearly understood. On an Estimate, neither the Minister moving, nor a Deputy discussing, can advocate new legislation. I have already expressed my view on what the conditions are and last evening I repeated what I had said before; I repeated the promise I had made previously that justice will be done to every Old I.R.A. man whether he fought with me or against me. That pledge will be honoured to the full.

I should like to ask the Minister if the basis of entitlement to the medal without bar is the cause of the trouble in the special allowance cases. The figures he has given of the people who have applied appear to be extraordinarily out of proportion to the number of people who took part in the actual engagments throughout the whole country. A very large number of people are entitled to apply and are entitled to be taken into consideration, as the basis for entitlement to the medal is three months' membership before the 11th July, 1921, and is applicable to all persons who served in the organisations named in the Act; that is, the Irish Volunteers, I.R.A., Cumann na mBan and Fianna Eireann. The total membership would have been very large and is the Minister satisfied with the basis of entitlement to the medal? If we got such a statement it would solve some of the difficulties.

All I can do is assure the Deputy I will be only too glad to consult any member of the House on either side before I do anything.

As far as my Party are concerned we will be only too glad to give any assistance we can in this matter.

That is the position: everybody wants to see those entitled to get medals succeeding but we do not want to give them to those not so entitled.

That is the mind of my Party as well.

I want to say a few words——

The Deputy is entitled to ask a question but not to make another speech.

I want to ask the Minister if he is aware that these people understood the award was made and that it was because the money was not actually paid that the woman was caught out?

I am told no proper award was made in that particular case as the person was dead.

May I ask the Minister a question about the living quarters in Sarsfield Barracks in Limerick? I have repeatedly put down questions on this matter.

The Deputy may not ask such a question on this Vote. He should have raised this on the other Vote for that Department.

I did not get an opportunity.

Vote put and agreed to.
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