I have been looking into the case of the individual Senator Crosbie has in mind, and I must say that I cannot feel I have got all the facts. I was somewhat disconcerted by the amendment that has been tabled, because it seemed to indicate that there were some facts I had not obtained. As I understand, the gentleman in question was manager of the Cork Tramways, and when they were taken over by the Irish Omnibus Company in April, 1931, his services were dispensed with, as the managing was done by the general manager of the Irish Omnibus Company. On the termination of his services a certain payment was made to him by the company. The amendment suggests that the person concerned was in some way associated with the electric lighting undertaking, and that he was compensated under the Electricity (Supply) Act, 1927-1932. As far as I am aware that is not the case. As I have been informed, the person concerned was employed on the tramways, and was not entitled to compensation under the Electricity Supply Acts. The position in this case is somewhat peculiar. While on the whole I feel that it might be desirable to make some alteration, so as to include the person concerned, there are considerations pointing in the other direction. The Cork Tramways ceased to be operated by the original owners in March, 1931, when they were taken over by the Irish Omnibus Company, and were run by that company until September, 1931. The transfer of management resulted in the termination of the appointment of this person. There is no doubt that if he had been continued in his employment until the tramways ceased to run he would be eligible for compensation under this Bill. However, he received a gratuity from the company, although the amount does not appear to have been as substantial as he would have obtained under the Bill.
Senator Crosbie stated that only one person was concerned. Some doubt has also been cast on that assertion, by the inquiries which I have made, and consequently that makes it more difficult to deal with. There was no time to prepare an amendment, but it appears to me the only amendment that would be necessary to cover this case, and any other possible case which might exist, if any, would be to change the critical date in the Bill from 30th September to 31st March. As far as I have been able to discover that would not involve any increase in the estimate of the cost, as the list of the employees on which the calculation was based was the list of the Cork Tramways Company and Electric Lighting Company. Consequently it did not indicate any changes that may have taken place in the employment given in the tramways between the date on which the Irish Omnibus Company took them over and the date on which they ceased to run. If the Seanad desires to deal with the matter, in lieu of Senator Crosbie's amendment, an amendment such as I suggest might be inserted, either by agreement at this stage, or by a postponement of this stage of the Bill. I would merely indicate that I would not propose to cease examination of the matter on the amendment of the Bill, as it might be possible that some fact would come to light which would alter the position, and necessitate some variation of the amendment, in which case I would move to have that variation made when the Bill goes back to the Dáil. As far as I have been able to discover, that would not be the case.
It seems to me that if the critical date in the Bill were changed from the date the tramways ceased to run, to the date on which they were taken over by the Irish Omnibus Company, the possibility of any such omission as Senator Crosbie seeks to guard against would be reduced. No matter what date we select there is the possibility that there is a person whose employment was terminated a short time before and who may feel a grievance. There are two dates which can obviously be chosen without any suggestion of unfairness to anyone. It is between these we must choose. One is the date on which the trams ceased, bearing in mind that there may have been economies effected by the Omnibus Company during the short period in which they ran the trams, knowing that the service was going to cease in any case, and the date the tramways passed from the control of those who had been running them as a permanent service, into the hands of those who merely conducted them as a temporary service, pending the change over to omnibuses. If the Cathaoirleach sees no objection, and if the Seanad is agreeable I move:—
Section 2: To delete in line 34 the words and figures, "30th day of September" and to substitute therefor the words and figures "31st day of March."
