I move that the Committee agree with the Seanad in amendment No. 1:
Before section 38, the following new section inserted:
38. Sections 44, 45 and 46 of the Principal Act shall have effect as if the words ‘question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act', wherever they occur in those sections, did not include a reference to a question arising under this Act as to whether an accident arose out of and in the course of employment.
This is an amendment which was passed in the Seanad. We had a lot of discussion there about appeals. This amendment is designed to enable an appeal, or reference to the High Court, as provided in section 45 of the Social Welfare Act, 1952, to be made in relation to a question arising on a claim for occupational injuries where an accident arises out of or in the course of employment in a similar manner to that in which such appeal may now be made on any question in relation to insurability under the Act. Under this arrangement, where an appeal is made against a decision of a deciding officer involving the question of whether the accident arose in the course of or during the employment, the Minister may, at the request of the chief appeals officer, refer the question for decision by the High Court. If the question is decided by the appeals officer, any person could appeal therefrom to the High Court on a question of law.
