The principle of this Bill is to provide service pensions for Volunteers who had active service in Easter Week or the Black-and-Tan war and who fought in the I.R.A. during the civil war. The scale of pensions is the same as that granted to the officers and men who obtained pensions under the Military Service Pensions Act, 1924. Since the introduction and passage of this Bill in the Dáil representations were made to the Government by a number of members of Fianna Fáil, and by other organisations, that men who had 1916 service only, or who had Black-and-Tan war service only, should also be granted pensions and that the Bill should be amended. That plea was also supported by a number of the Opposition Party in the Dáil, and the Government decided that the Bill should be amended so as to meet the plea, and to provide that those who had 1916 service only should be granted pensions and also that Volunteers who served during the Black-and-Tan war, whose service was continuous for the period April to July, '21, should be also granted pensions. Accordingly, an amendment was drafted and has been circulated in the name of Senator Seamus Robinson to make provision for persons in those two classes.
For a number of years the policy of Fianna Fáil was to abolish the Military Service Pensions Act, 1924. Some time ago, however, representations were made to the Government pointing out that it would be unfair to withdraw the 1924 pensions. Many arguments were put forward, which the Executive Council felt were just, and after careful consideration they decided that as all the other contracts made by the previous Government with the various sections of the community were being kept, the pensions awarded under the 1924 Act should be continued and at the same time immediate steps should be taken to secure that those who fought with the I.R.A. in the civil war should in future be given equal treatment.
The terms and conditions both as regard the grant and the amount of pensions under this Bill to the members of the I.R.A. are the same as those provided for under the Military Service Pensions Act, 1924. To qualify for a pension an applicant must show that he had military service subsequent to the 1st July, 1922, as well as service in Easter Week or throughout either of the periods 1st April, 1920, to the 31st March, 1921, or from the 1st April, 1921, to 11th July, 1921. Applicants who secure a service certificate will be awarded a pension on the basis of their rank on the 11th July, 1921, or on the 1st July, 1922, whichever is the higher.
The two new classes being brought in, in view of the amendment that has been circulated, will be granted pensions according to the rank they held on the first day of their service during Easter Week or the last day of their service during the Black and Tan war, whichever is the higher.
A difficulty arises in grading the ranks in the I.R.A. so as to make them comparable with the ranks of the standing army. The I.R.A. was organised on a territorial basis, each parish or village had its company of Volunteers and each district its battalion. These units were called companies or battalions in many parts of the country even though there were not sufficient men in a company to make a section or a half-section in a standing army. In the case of my old division there were a few companies which had only from 12 to 20 men each, while in other companies there were as many as 150 men. In order to arrive at a grading which will make the ranks of the various units of the I.R.A. comparable one with another and with those of a standing army, it has been found necessary to incorporate the rules for the grading of ranks which will be found in the First Schedule to the Bill. These rules ensure that a company officer will not be graded as captain unless there were 60 men or more in his company and that a battalion O/C will not be graded as commandant unless there were 300 men or more in his battalion.
It will be noted that the ranks are designated A, B, C, D, and E. Rank A corresponds to a rank higher than that of Major-General in the 1924 Act; Rank B, to Colonel or Major-General; Rank C, to Commandant or Major; Rank D, to Lieutenant or Captain; Rank E, to Private or Non-commissioned Officer. The rate of pension corresponds to the equivalent ranks under the 1924 Act.
The duties performed under the 1924 Act by the Board of Assessors in the finding of rank and service will be performed under this Bill by a referee, who will be assisted by a committee of four persons as set out in Clause 6 of the Bill and provision is made that the referee will have power to compel attendance of witnesses and the production of documents. The provision in the Military Service Pensions Act, 1925, as to the power of the Executive Council to revoke a military service pension granted under the 1924 Act has been incorporated in the Bill as regards pensions to be granted under the Bill (Clause 12).
Clause 13, following a similar provision in the 1924 Act (Section 3 (6)), enables the Minister, both as regards pensions under the 1924 Act and under this Bill, to request the referee to review a report on which the certificate and pension were based on the ground that evidence not available prior to the making of such report has since become available, and in accordance with the report of the referee to withdraw or reduce any such pension that may be granted. It may be taken that such request to the referee to review cases of pensions already granted will not be made unless there is fairly strong evidence that there was fraud or misrepresentation. It is estimated that as the number of men who become entitled to pensions under this Bill is roughly twice the number who have already been awarded pensions under the 1924 Act, the annual cost of the Bill will amount to £360,000. The two additional clauses which are being brought in in the amendment circulated will add roughly another £40,000. It is impossible to give a close estimate of the probable cost, but I believe that £400,000 is an outside figure, and that the annual cost will be well under that amount and cover all the classes provided for.
