asked the Minister for Local Government if he is aware that local authorities for which he is the responsible Minister have refused to pay any medical expenses under section 73 of the Workmen's Compensation Act, 1934, unless the injured workmen concerned instituted expensive legal proceedings and secured a court order; that local authorities have justified their actions on account of instructions received from Local Government Auditors; and that it is the general practice for private employers to pay the limited medical expenses allowed under the Workmen's Compensation Acts; and whether with a view to obviating the need for expensive legal proceedings, where liability is not disputed, for the purpose of obtaining medical expenses not exceeding £5, he will arrange for the payment of such expenses by local authorities in future without the necessity of a court order.
Ceisteanna—Questions. Oral Answers. - Workmen's Compensation Act, 1934: Medical Expenses.
I am not aware of the position referred to in the Deputy's Question. Local Government Auditors are not empowered to issue instructions to Local Authorities as to what payments may be made and I am not aware that any instructions of the nature referred to by the Deputy have been given by Auditors. As to the final part of the Question I have no functions under the Workmen's Compensation Act, 1934, and accordingly cannot intervene in matters arising between Local Authorities and their workmen under the Act.
Is the Minister aware that local authorities are informed by the Local Government Auditor of liability to a surcharge in the event of their making such payments without the matter going through the courts?
That does not involve the same inference as is to be drawn from the question put down by the Deputy. I said it is not within the jurisdiction or the rights of the Auditor to instruct the local authority. I thoroughly agree with the Deputy that the auditor may question the legality of the making of any payment by a local authority. He has no right to instruct them what to do or what not to do.
Would the Minister not at this stage attend to the matter so that local authorities can make these payments in a proper manner so that the Local Government auditor may not even advise them?
The latter part of my answer shows I am precluded from intervening at all. I have nothing to do with this Act.
Would the Minister ensure that this auditors will not surcharge local authorities who make these payments?
That is a very naive question, in the circumstances.
Is the Minister aware that local authorities are being mulcted in legal expenses as a result of the action of the Local Government auditors?
Can they get a remission of the charges?
Yes, or could the Minister remit the charges?
That would mean that we would be paying it both ways. We do not instruct——
I know you do not instruct, but you surcharge.
We do not instruct auditors——
I agree.
You have your own method of instruction.
I know that.
The remaining Questions for oral answer will appear on to-morrow's Order Paper.