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Dáil Éireann debate -
Wednesday, 19 Mar 1975

Vol. 279 No. 5

Defence Forces (Pensions) (Amendment) Bill, 1975: Second and Subsequent Stages.

I move: "That the Bill be now read a Second Time."

The object of the Bill is to simplify the procedure for promulgating certain pension schemes which under existing legislation cannot come into force unless and until confirmed by resolution of each House of the Oireachtas.

Retirement benefits for former members of the Permanent Defence Force, including the Army Nursing Service, and the Chaplaincy Service are provided in Defence Forces (Pensions) Schemes made by the Minister for Defence, with the consent of the Minister for the Public Service, under the Defence Forces (Pensions) Act, 1932, as amended and adapted. Section 4 of the 1932 Act prescribes that no pension scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each House. Section 2 of the Defence Forces (Pensions) (Amendment) Act, 1968, exempts from the statutory requirement of confirmation by resolution of each House those pension schemes which provide for increases in retirement benefits arising out of (a) increases in remuneration or (b) increases in public service pensions generally. Schemes outside these categories must come before each House for confirmation. There are two things to be said about this procedure: firstly, it takes up the time of the Houses discussing the detailed schemes, many of which though complex in form are of no great significance; and secondly, it may entail lengthy delays for people who are waiting to be paid the benefits. I say benefits advisedly, because while in theory a scheme may also impose reductions or limitations, in practice, the whole trend has been towards improvements.

This Bill proposes to dispense with the requirement of confirmation by resolution and will thus assist both the House and the beneficiaries of schemes. I well know the interest that this House has always shown in the welfare of our soldiers and veterans. The House will still be able to keep a watch on matters because of the provision requiring schemes to be laid before it with power to annul them.

I may mention also that Deputies have on occasions expressed the view that the House could well be spared the necessity for confirming these pensions schemes.

I commend the Bill to the House.

I welcome this Bill on behalf of the Fianna Fáil Party. Every effort to simplify procedures in relation to Defence Forces pensions schemes must be applauded. This Bill has been long overdue. The Defence Forces (Pensions) (Amendment) Act of 1968 went some way towards simplification of the procedures and the issue of additional pensions. I hope this Bill covers the situation in its entirety in relation to the classes catered for and that the Minister will not have to bring in additional legislation at a later stage.

Pensions play a very important part in the lives of such people, especially on their release from service and delays in their issue or in the issue of increases often cause distress, as has been indicated in the Minister's brief. A great many people leave the Defence Forces ill-equipped to enter the labour market, having given a life of service to the nation. They are completely dependent on their pensions and any increases granted in them. Anomalies will continue to arise in relation to pensions in general. Service in the Congo, the Middle East, Cyprus and elsewhere may bring forward new problems in the future. I hope that these men who have served in the interests of world justice and peace— some of whom are still serving in that cause—will benefit from this Bill. It must be remembered that the men who have served the nation suffer many disadvantages on termination of their service.

The pensions to which our Defence Forces are entitled following excellent service given and the risks they have had to undertake are minimal. In fact, we do not give our Defence Forces sufficient in relation to pensions in so far as risks are concerned. They are one section of the community who put their lives on the line in respect of service to the nation. I trust the day is not too far distant when members of the Defence Forces, on termination of service—in addition to those who get pensions—will enjoy some of the back-up legislation such as is in existence elsewhere, for example, in the United States where there are the Veterans Readjustment Benefits Act or the G.I. Bill of Rights which would help people on their way after service.

The best recruitment campaign —very often we see large amounts of money spent on such campaigns— would be a guarantee that we would look after our old soldiers. I have no doubt but that the Minister is greatly concerned for the welfare of soldiers and pensioners. The Bill is an indication of his intention to ensure the expedition of increases in their pensions.

One wonders nowadays where are the members of our Defence Forces. We seldom see them in uniform. Perhaps were we to see them more their services would be fully appreciated. It would follow also they would get the respect they deserve, on retirement, not alone from the State but from the public generally.

It gives me great pleasure to support this measure which will streamline procedures in relation to the issue of pensions and increases to the members of the Defence Forces. In due course I hope any other necessary or desirable legislation with a view to streamlining procedures in this regard will be forthcoming. Certainly any such legislation will receive full support from this side of the House.

I have not very much to say on this Bill but there are a few points on which I should like to comment.

There are many kinds of pensions now, for example, military service pensions, wound and disability pensions, special allowances and so on, and there are pensions for the nursing service.

I want to deal very briefly with the special allowance. These allowances do not come under the heading of pensions but they are regarded as such by the recipients. The special allowances were introduced a number of years ago to help Old IRA men who do not qualify on other grounds, some of whom had been left in their declining years in semi-destitution. Due to the loss of value in our currency, which is accelerating, I think we have come to the point when there should be a review of this allowance.

The appropriate annual sum is not bad for those under old age pension age, but, strangely enough, when they reach old age pension age the appropriate annual sum is reduced. When a single or married person in receipt of this allowance becomes 70 an element of that pension is taken into account. Such people need more money as they grow older, not less, and this scheme was introduced, as I say, to help to avoid hardship, especially for those who might not have many friends or immediate relations who would be prepared to look after them in their old age. Early on quite a number of these people had to have recourse to public institutions, and it was then recognised that something should be done, and it was done at that stage, to help them.

I have been in close touch with the Department of Defence on and off throughout the years in connection with this scheme, and I can say that it is well and equitably administered, but I would ask the Minister to try to secure an increase in the appropriate annual sum in order to take account of the loss in the value of money.

I wish to congratulate the Minister for Defence on bringing this legislation before the House. I am sure every Member will agree that anything that speeds up the payment of Army pensions or increases when they become due is to be welcomed. We should ensure that there is no undue delay in the payment of pensions to retired Army personnel, and it should be our desire that it would not be held up by discussion here.

I am very glad to note that in the statement the Minister has covered some people who are often forgotten, that is, the Army nursing staff. They do a wonderful job in their sphere of life but they are not in the public eye and we hear very little about them.

I should like to take this opportunity of emphasising the importance of keeping these increases in pension in line with the increases in the cost of living which can have an adverse effect on the income of these people who have given excellent service over the years in the interests of our country.

The Minister for Defence, since he came to office two years ago, has shown great interest in the welfare of members of the Defence Forces and I think we can rest assured that, without bringing these matters before the House, he will do everything possible in the interests of those who have served this country well in the past and those who are serving at present and who in years to come will become entitled to retirement pensions from the Defence Forces.

I also welcome this Bill and congratulate the Minister on bringing it in. I should like to support Deputy Carter in his plea for no reduction in the special allowance to Old IRA men who reach old age pension age. I understand a special allowance is given because of the circumstances of a person who is not entitled to a military service pension. In the case of a person so entitled and getting a military service pension, no matter what the circumstances of that person when he dies, the widow gets something. But if a person has a special allowance, given because of the circumstances of the family and because the person is in rather poor circumstances, the widow gets nothing on the death of the holder of a special allowance. Rural Deputies are faced with this problem every other day and I want to bring it to the Minister's notice. When old IRA men die their widows do not know the difference actually between the pension and the special allowance. They hear that some widow down the road got something when the husband died and feel they should also get it. Of course, they cannot get it and when we write we are given the answer, which is correct, that what was given to the widow was not a pension but a special allowance. I am suggesting to the Minister that if the circumstances of the person getting the personal allowance justify that allowance being paid, surely the widow of such a person should be entitled to something when her husband dies.

I do not wish to waste the time of the House in talking further on this Bill but I would ask the Minister to have a look at this situation and ensure that something be given to the widow of an old IRA man who was drawing a special allowance. I welcome the Bill very sincerely because anything we do by way of pension or otherwise for people who served the country well is well merited. I know the Minister is interested in trying to improve the lot of these people and we on this side of the House welcome it.

I thank the House most sincerely for its kind reception of the Bill. Deputy Dowling spoke his first words for Fianna Fáil on Defence on this Bill and I welcome him in the task he has been given and wish him every personal success—with the accent on "personal".

The Deputy spoke about the benefit of this Bill when it becomes an Act. As I see it, the benefit will not be in increased payments to anybody —that is governed by other legislation—but in the expedition of payments and avoidance of delay. For me since I became involved for the past couple of years and for everybody else it has been very annoying to be trying to get something through for which people down the country are waiting. This involves money they can ill afford to be without but the business of this House is obstructing what is really only a mechanical measure without any controversial element. It is not much help to people who have to wait perhaps six months before they get a cheque which is retrospective because they have been without the money during that period. In most cases these are people who are not blessed with much of the world's goods and they could benefit from prompt payments.

What I would wish if it were possible—I am sure the House will agree—is to have a consolidation of all Defence Forces pensions schemes. But the pensions section of the Department of Defence is so hard pressed that the highly-technical staff required to do a good consolidation job has not been available. I hope in the future to get down to consolidation which would help the Deputies and everybody concerned from the point of view of simplification. It is difficult even when one has been in the Department for a while to remember and trace back through various Acts what the decision on a certain case was. Consolidation would help considerably and we hope to have it but we have not been able to do it up to now.

Deputy Dowling mentioned about never seeing soldiers in uniform. I agree. I notice when I go around military barracks and in going to my office every day that when young men are leaving barracks they normally put on civilian clothes. It is their option and if they are giving good service to the State we cannot say too much but personally I would like to see them in uniform, say, in a café in O'Connell Street or going about their social occasions. They seem not to do it just now and have not been doing it, as far as I know, for some years past.

Deputy Carter spoke of special allowances in a very constructive contribution. Special allowances are not affected by this legislation but, with the permission of the Chair, I shall take the opportunity to say something regarding special allowances. Deputy Carter suggested that some people in their declining years would be almost destitute and that increases should be given as people become older. The thinking behind special allowances is to help people whose incomes are very low. It is the kindly hand of the State being extended to those who gave service in years gone by. Neither the State, nor the Department nor any organ of the State wishes to be mean with or hard on these people. The question of the increase which will arise on 1st July out of the budget is not agreed in detail at present between the State Departments involved but if my memory serves me right—and I am speaking from memory—the previous budget increase worked out at about 14 per cent.

Only a very small proportion of old age pension is taken into account when arriving at the amount of special allowance to be paid if any amount is payable. Where board and lodging is taken into account, this is only done when it has been given without hardship to the giver. In a situation where a son runs a large farm or a prosperous business and his father is an applicant for a special allowance and is living with him, portion of the board and lodging would be taken into account because the son was suffering no hardship in doing what he should do—provide for his father in his declining years. But where the giver would be suffering hardship in giving the board and lodging or help of any kind to a person who is an applicant for special allowance, that help is disregarded.

I know it can be annoying to Deputies when they make representations in this regard and find that the value of certain benefits accruing to the applicant is assessed at what they consider to be a rather high figure but they should take into account that any value put on it is only put on in cases where there is no hardship.

While only a very small portion of the old age pension is taken into account in arriving at the appropriate figure on which a special allowance is payable, no account is taken of increases in social welfare payments. This has been the case for many years; it was done under a previous Government and the position has not changed. Increases in social welfare benefits do not affect special allowances.

I thank Deputy Governey for his congratulations and if I can speed things up in any way so as to serve the people in the Defence Forces I shall do so.

The question of widows of special allowance holders as compared with widows of military service pensioners as raised by Deputy Callanan deserves comment. A military service pensioner was subject to the most exacting investigation and he must have served in the three months prior to 11th July, 1921. A special allowance applicant can be eligible if he was a member. The difference is quite striking. The thinking, I would presume, on the part of various Governments over the years has been that where a widow of a special allowance holder fell to be a charge on the State on the death of her husband then it would be the duty of the State to support that lady through the normal social welfare channels. I would agree that perhaps there could be a little fall-off in income as a result of that but that is the thinking on the matter and it has been the thinking for years. The military service pensioner is in an entirely different situation. In fact, he could be a millionaire. He is not subject to a means test at all. He has a pension for his service just as if I, Deputy Dowling or anyone else had been in the Defence Forces for a certain number of years, would have it as of right and our personal incomes or personal positions at any given time would not affect our pensions.

This is really a Bill to clear up delays. It will do that. I hope that in the years to come we will effect consolidation which would be of considerable help, even in the Department of Defence, I am sure, because they do not like going through knotty problems any more than anybody else.

Question put and agreed to.
Agreed to take remaining Stages today.
Bill put through Committee, reported without amendment, received for final consideration and passed.

This Bill is certified a Money Bill in accordance with Article 22 of the Constitution.

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