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Dáil Éireann debate -
Tuesday, 7 May 1957

Vol. 161 No. 7

Committee on Finance. - Vote 57—Army Pensions.

I move:—

That a sum not exceeding £1,104,730 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1958, for Wound and Disability Pensions, Further Pensions and Married Pensions, Allowances and Gratuities (No. 26 of 1923, No. 12 of 1927, No. 24 of 1932, No. 15 of 1937, No. 2 of 1941, No. 14 of 1943, No. 3 of 1946, Nos. 19 and 28 of 1949, No. 23 of 1953, etc.); Military Service Pensions, Allowances and Gratuities (No. 48 of 1924, No. 26 of 1932, No. 43 of 1934, No. 33 of 1938, No. 5 of 1944, Nos. 11 and 34 of 1945, Nos. 7 and 29 of 1949 and No. 5 of 1953); Pensions, Allowances and Gratuities (No. 37 of 1936, No. 9 of 1948, No. 30 of 1950, No. 27 of 1952, No. 4 of 1953, etc.); Payments in respect of Compensation for Members of Local Defence Force (No. 19 of 1946 and No. 15 of 1949); and for Sundry Contributions and Expenses in respect thereof, etc.

The total sum required for Army pensions for 1957-58 is £1,657,130, which is a decrease of £1,230 on the Estimate for 1956-57. It will be noted that last year's figure includes a sum of £28,000 transferred from the Vote for Increases in Pensions. This was to meet increases granted as from 1st August, 1956, in certain Army pensions. The cost of these increases for the full year will be about £45,000 and provision therefor has been made in this Estimate.

The principal provisions of this Estimate are for pensions under the Military Service Pensions Acts; wound and disability pensions, special allowances, dependants' allowances and gratuities under the Army Pensions Acts; and service pensions and gratuities under the Defence Forces (pensions) schemes in respect of service in the permanent Defence Force.

The only appreciable increase occurs in sub-head (J)—Defence Forces (pensions) schemes. The increase of £20,000 in this sub-head is due mainly to the increasing number of retired and discharged Army and Navy personnel for whom provision has to be made.

The only reduction, I think, that calls for any comment is that of £14,000 in sub-head O—Special Allowances. This is due not to any actual decrease in the cost or number of special allowances on pay but rather to the fact that the expected rate of increase on which last year's Estimate was based proved to be too high.

I expect that all applications and petitions under the Military Service Pensions Acts will have been disposed of before the end of this financial year. In fact this Estimate provides in sub-head C for the cost of the Referee and Advisory Committee up to the 31st December, 1957, only, and I shall do what I can to have the work concluded by that date.

I hope that the brief outline I have given will assist Deputies in their examination of the Estimate. If any further explanations are required I shall endeavour to give them.

I have very little comment to make on the Minister's statement. I note that he hopes the Referee and Advisory Committee will finish by the 31st December next and that he intends, as far as possible, that that will happen.

I want to ask the Minister to state the section under which a member of that board was dismissed recently and why, if the board is to be in existence only for so short a time, it was felt desirable that his services should be dispensed with? I do not think there was any question of this man's efficiency or impartiality. I should like to know the section under which the Minister or the Government decided to dispense with his services, because I am not aware that such authority was vested in the Minister or in the Government, this being a statutory body. However, the Minister may be able to explain that.

The question of special allowances is one to which I think the Minister should have made some reference. A motion was passed by this House by which certain extensions were to be made in regard to applications for medals. Legislation was prepared and ready when a certain situation arose, but I think the Minister should have informed the House that it was his intention to carry out that particular amendment in relation to that section even if he was not prepared to carry out the whole intention. The resolution that was passed by the House should be given effect.

There is disquiet about the delay in dealing with applications for special allowances. I know they present a knotty problem and nobody is better aware of that than I am, but the Minister and his advisers should not if there is verification by responsible officers— unless that verification has been with drawn—reject the case and declare that the medal was not validly awarded. It would be better to go on the assumption that every medal was validly awarded unless there was evidence to the contrary.

I know it is a very difficult matter and one that gave me much worry and many headaches. I know it will give the present Minister, or any occupant of that office, considerable worry for a considerable time. Verification is becoming more difficult as the ranks of the people who are in a position to verify are thinning every day. Therefore, where responsible officers have verified, the Minister might write to them, if they are available, to see if their verification stands, and let that settle the matter instead of waiting to get different people to verify. That creates delay and imposes hardships on people who are entitled to whatever allowances they should get under the Act.

The problem of Military Service Pensions will always be a serious one and when the Referee and members of this board finish in December next I feel they will still have left a very unsettled and unsatisfactory state of affairs. I shall say no more than that at the moment but as I said before, I would prefer to wait until they have concluded and by that time we would get an overall picture as to what the situation was at that stage.

The former Minister forestalled the point I was going to make. On 16th November, 1955, a motion in my name regarding the special allowances was accepted by the then Minister, Deputy MacEoin, and passed by the House. A promise was given on that occasion that legislation would be introduced before Christmas, but, unfortunately, we did not get the Minister to say what Christmas he had in mind.

I meant last Christmas.

Christmas, 1955, went by and Christmas, 1956, went by, and I would now suggest to the present Minister that Christmas, 1957, should not go by without that motion being implemented. It is a very simple motion. The Minister will find the report of the proceedings on that occasion at column 856, Volume 153. The purpose of the motion was to ensure that the grant of a medal, irrespective of the date on which it was granted, would entitle recipients to the special allowance.

I was surprised to hear the Minister say that sub-head O, Special Allowances, shows a decrease. I do not know whether or not that is due to the number of deaths, but there is extreme dissatisfaction with the way in which the special allowance has been administered for the past 12 months. It has been cut down to practically nothing in many cases. I am tired telephoning and writing to the Department asking for a reason for the decrease and I have not got any satisfactory answer on any occasion. I would ask the present Minister to look into these cases now.

The special allowance was given for services rendered by people who did not qualify for pensions and it is the last Vote that any member of this House would wish to reduce. On the occasion that my motion was passed, the then Minister, Deputy MacEoin, and his predecessor were unanimous. I would ask the Minister to see to it, unlike his predecessor, that another Christmas will not pass without that motion being implemented.

I support the appeal made by Deputy Gilbride. Very many who applied originally for service certificates were not awarded the certificates because the Army officers who were best acquainted with their service had been killed in the struggle or had died subsequently. These applicants continued during the years as people to whom the Act did not apply and now, in their declining years, when many of them have become very feeble and their health impaired by the service they rendered to their country, there is so much delay and investigation and difficulties of verification that many of them will pass to their graves without the allowance which would help them in their declining years. It is very bad recompense for their services to the country.

There is far too rigid an operation of the Act. It is known locally by the officers that they were members of the Volunteer forces in those days and that they gave the necessary service to qualify for the special allowance. We are becoming more and more rigid every day. The Pension Board, after a period of several years, inquires into small details and confuses the applicants for service certificates. How can every little detail of 1919, 1921 and all the rest be remembered now, and why should a little slip as to the date on which one thing occurred or another thing occurred be used to confuse the applicants or their witnesses?

We are far too rigid in that regard. If a man is not entitled to it, certainly he should not get it, but the local company officers, battalion officers and brigade officers are the best judges and, if they are prepared to testify before the board, that should be sufficient because people who have given such unselfish service to the country will not testify on oath to an untruth. Very often, as has been said, the officers most intimately acquainted with the cases have long since died. Other officers are appealed to then who are, perhaps, not used to verifying. Verification by the officers named in the application forms should be adequate, if they are prepared to certify.

An applicant may get a form stating that the verification is being re-examined, that some officer or number of officers are being written to about it and that is all he hears about it for months. These people may be in poor health, thrown on the world in misery, after all their years of service. I would appeal to the Minister that, as a final gesture, we should be more generous in our treatment of the men who have served their country well.

I join with Deputy Gilbride and Deputy MacCarthy in making a plea on behalf of the applicants for the special allowance, the veterans of the War of Independence, men and women. As the House is aware there are generally three conditions governing the awards of this special allowance. The first is, of course, the medal or the certificate of service; secondly, there is the doctor's certificate; and, thirdly, there is the age of the applicant, if proof of disability is not required.

In the past few months, I have come across cases of applicants for the special allowance who have been written to by the Department of Defence asking for reverification or stating that it was proposed to apply to the company or battalion officers for verification of the claim or the authenticity of the applicant who held a certificate of service or a medal. The subjection of veteran Old I.R.A. men and members of Cumann na mBan to the indignity of reverification is something that the Department of Defence should be very much ashamed of. I have written during the past week to the Minister on that subject.

I had high hopes of the former Minister for Defence, Deputy MacEoin, who was deeply interested in that subject, particularly as he assented willingly, years ago, to Deputy Gilbride's motion asking that these people be treated with justice and fair play. They have not got that so far. I have hopes that the present Minister—a young man who carries the good wishes of the House—will do something about it and that it will not be that he will give them too little when it is too late.

Their ranks are being thinned out daily and I do not think that any member of this House would be happy if he saw one of those Old I.R.A. men spending his last few years in poverty because the Department of Defence would not wake up to its responsibilities and the duty it owes to the men and women of the Defence Forces, of Óglaigh na hÉireann, of Cumann na mBan and the Citizen Army and those who made freedom possible for us.

I would appeal to the Minister in particular to reduce the age limit from 70 to 65 and to provide that any applicant who has a service medal, or a certificate, and who attains the age of 65 should not be required to submit medical evidence or a medical certificate. If he has the other qualifications, he should automatically qualify for the special allowance.

One other point to which I wish to refer is the disability allowance paid to the men who serve in our Regular Army. I had occasion recently while in hospital to meet a man who joined the Army during the emergency and spent five or six years in it. During that time, he sustained an injury for which he was treated and was discharged from the Army. His old wound came against him again after ten or 11 years and he went back for treatment to the doctor who had treated him and who was a commandant in the Army Medical Corps at the time. This ex-Army man mentioned his case to me and I wrote to the Minister for Defence explaining the situation to him. I submitted a certificate from the doctors who treated this man, explaining the nature of his ailment and how it had cropped up again after so many years.

I was horrified to learn that because he did not make an appeal within five years after leaving the Army, he was not to get a disability allowance. That is a grave injustice and if it is necessary that legislation be passed to enable him to get it, I think it should be passed. If a man receives a disability, he cannot say whether it will recur five, six or seven years later and what the legislators had in mind when they specified the period of five years, I do not know. If an injustice exists, it is up to our legislators to right it.

I am sure this injustice has been repeated many times in the case of men who, in 1939 and 1940, answered the call to defend their country and who, at the time, were told that they were the cream of the earth. Then in after years, when reduced as a result of a disability or incapacity sustained in the course of their Army career, they were told that the law of the land did not allow them to receive justice.

Might I just renew my plea for a reconsideration of the disability pension for Army personnel of all ranks who contract tuberculosis? As I said earlier this evening, the present position is that only officers, N.C.O.s and men who can prove that they contracted tuberculosis due to their service during the emergency period from 1939 to 1945 can claim disability pension by reason of tuberculosis. When a man joins the Army, he surrenders himself absolutely to Army discipline and must live where he is told to live and must lie down in the wet when he is told to do so. He must submit himself to hardships even during these days which may be just as severe as those experienced during the emergency days. I cannot see how the Army can evade its responsibility for the contracting of tuberculosis by any of its members. At the moment even if a man does contract tuberculosis or did contract tuberculosis during the emergency period, he has to prove to the satisfaction of the board that it was due to Army service. It is always a mystery to me how anybody can prove that he contracted tuberculosis on a certain day or——

I do not like to interrupt the Deputy but can the Minister do this by ministerial act or will it require legislation?

I am completely ignorant as to that.

It would require legislation.

That is broadening the whole discussion. I am not anxious to curb the Deputy, but I think he has said as much as he desires to.

I have made the point.

I would like to draw the Minister's attention to the plight of many men who have applied for a service pension and who may have seemed to have had a very poor case on the written application, but who, if called before the board, would have a sounder case than that which appeared on the application form. Year after year I meet many of these men and each year the numbers are growing less. I should like the Minister to try to speed up the matter of the special allowances and also, in particular, cases of people who want to prove their cases before the board and who should get another chance. There have been cases of people who could not get the necessary signature for their forms at the particular time. Pensions that have been given to members of the Old I.R.A. are few and these men were, in no small way, responsible for enabling us to have our own Parliament to-day. They contributed the major sacrifice and the fact is that many of them now in their dying years are in places and surroundings which are not suitable for patriots to die in. I hope the Minister will amend the Pensions Act so that these men will fare somewhat better in the future than they have fared in the past.

The speeches made on this Vote mostly seem to deal with the same point and they were mainly about special allowances. There were some other points made by other Deputies. Deputy MacEoin asked a question regarding the recent changes of the personnel on the Referee's Advisory Committee under the 1934 Act. These changes were made under Section 6, sub-section (2) (a) of the Military Service Pensions Act, 1934. I dealt with that matter in a reply to a recent question, but apparently Deputy MacEoin wishes to know under what section that action was carried out and I am now informing him. Under that section, members hold office during the pleasure of the Government.

Deputy MacEoin also mentioned the question of the amendment it was proposed to introduce to extend the time for applying for special allowances. It is hoped to introduce legislation shortly to extend the date for application for medals which would qualify certain people for special allowances. A number of other Deputies, Deputy Gilbride, Deputy MacCarthy and Deputy Carty, also asked that question.

Deputy Gilbride also referred to the reduction which took place in the number of special allowances awarded. Special allowances are reduced for either of two reasons. The first is because there is a reduction in the appropriate annual sum under the Act. For example, when the applicant reaches the age of 70 or his children reach the age of 18, the Act provides there shall be a reduction in either of those cases. The second reason for a reduction in the special allowances is if there is some improvement in the applicant's means. If any Deputy believes that that has been wrongly administered in any particular case, he can always have, if he asks for it, a statement of the means taken into account in arriving at the decision to reduce the special allowance in that case.

The delays that take place in giving special allowances were mentioned by a number of Deputies. Deputy Carty objected to the fact that it should be necessary for people, whom he described as veterans of the War of Independence, to submit to the indignity of having to produce reverification in respect of medals already awarded. This was decided upon because it was in fact discovered—and I think it was discovered first as a result of representations made by Deputies—that, in a number of cases, medals have been awarded to people who were not really entitled to them. Originally the award of a medal did not carry any financial benefit with it and apparently the machinery for awarding them was not foolproof. The result was that a number of medals were awarded which, it was subsequently found, should not have been awarded. It was to avoid wrongful expenditure of public moneys it was decided that, on the question of applications for special allowances, it would be necessary to have this reverification.

I agree with that decision. I think it is right that the expenditure of public moneys should be carried out only in accordance with the law—in other words, that public money should not be given to anybody who cannot prove satisfactorily he is entitled to it. I do not think there is any indignity in asking a man to establish the fact he is a person to whom the Act was meant to apply and that he is, in fact, entitled to be granted a special allowance.

The investigation of claims for special allowances is carried out in three stages. The first is that the applicant has to establish the fact he is a qualified person. In order to do that all the officers of his company or battalion are written to for verification. It is in that first stage that the biggest delay occurs. Unfortunately there is often considerable delay in getting these Old I.R.A. officers to reply to these queries. Perhaps the reasons are those mentioned by some Deputies to-day, that some of these men are becoming old and dis-interested; that their memories are not as good as they used to be and they find difficulty in remembering details. I certainly cannot think of any other way in which this verification could be carried out. I believe it is right that these matters should be thoroughly verified before public money is spent.

Deputy Carty referred to these people as veterans of the War of Independence. Surely it is only right that we should first of all establish that they are, in fact, veterans of the War of Independence before these special allowances are allotted? I have every sympathy with people whose claims for allowances are held up in this way and I do everything possible to expedite them. As I say, the biggest part of the delay is this step of verification.

The second step is to establish the applicant's means. This is investigated by means of the local social welfare officer. It is very rarely any undue delay occurs at this stage. It is only in very difficult and complicated cases that delay occurs. I know it happens sometimes but not very often.

The third step is to establish whether or not the applicant is incapable of self-support by reason of permanent infirmity. Providing he is under 70 years of age, it has to be established he is incapable of self-support. That is done by the Army Pensions Board. They do not insist on the applicant travelling to Dublin. They appoint local medical officers to examine the applicants. Sometimes there are borderline cases and it is necessary for the board to arrange to have a series of tests carried out before they are finally convinced that the person is, in fact, incapable of supporting himself by reason of permanent infirmity. Surely it is only reasonable, since that is the condition on which these special allowances are granted, that the board should satisfy themselves on this point also?

Those are the delays. I do not know of any other delays that have occurred except in the establishing of these three steps. Each of them is necessary and I do not think any of them are unreasonable. Any delays that are alleged to be due to the board itself I will have investigated if I am notified of the details.

Deputy Carty mentioned another point concerning injuries received in the Army which do not recur until after the person concerned has been more than five years out of the Army. That is something of which I was not aware. I shall look into it and see what is the position.

Deputy Booth referred to disability pensions for people who contract tuberculosis in the Army. Soldiers in the Army are insured under the Social Welfare Acts. They qualify for the same benefits under the Social Welfare Acts as people outside. With regard to officers, I have to draw Deputy Booth's attention to the fact that neither the Civil Service, nor the Garda have a similar provision to that which he suggests for the Army. I do not think the risk of contracting tuberculosis is any greater in the Army than in any other occupation. In fact, it would be my opinion that Army life would make people more resistant to this disease than other occupations. Whether a special case can be made for this provision in regard to the Army as distinct from other occupations is a matter that will have to be gone into. Certainly I do not know that there is any special case to be made in that respect.

I do not think there is any other point raised that requires an answer here. Delays will be eliminated as far as possible, as far as I am concerned. However, any Deputies who have any influence with local Old I.R.A. officers would help considerably if they would impress upon them the necessity of replying, as soon as possible, to the Department's questionnaire in regard to medals.

On the question of reverification of the award of the medal, very often the officer who verified it originally and who, consequently, was most closely acquainted with the person, may be dead. In other cases, there may be a complete change of address—old officers may have left the district. If a man is applying for a position he can go to the parish priest and get a certificate of character and enclose that with his application, but a man who is asked for reverification cannot go to his old officers and ask them for a certificate. That certificate is not accepted. The Department will say that no officer would refuse such verification if asked for it. Consequently, the Department may write to the officer and the officer may be missing. Accordingly, there are delays and disappointments.

I have not come across any cases similar to that mentioned by Deputy MacCarthy. I am surprised to hear that, if a verifying officer has died, that automatically rules out the applicant. I do not think it does. I shall look into the other matters raised by Deputy MacCarthy as I am not familiar with them at the moment and I did not think cases like that occurred.

Arising out of the Minister's reply, what does the Minister propose to do in the case where verifying officers—assume there are two of them—are dead as has happened in the past? A man might have got a service medal 12 years previously and is now required to get reverification. I presume the Department would write to the original verification officers. What happens if both of them are dead?

In a case like that, if there were no other officers who could confirm the original verification, the Department would, I presume, have to accept the original verification. The case would have to be considered on its merits.

Vote put and agreed to.
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