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Seanad Éireann debate -
Thursday, 6 Aug 1953

Vol. 42 No. 11

Workmen's Compensation (Amendment) Bill, 1953—Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

This is an interim Bill. I have been working on a comprehensive Bill dealing with workmen's compensation. About six months ago I discovered that it would probably take a year or two to produce a comprehensive Bill in this connection. On being pressed by the Dáil, I decided to bring in this interim Bill, which is rather a simple measure. The Bill leaves the compensation for an injured workman at 50/- as it is at the moment—but it provides that where an injured man has a wife he gets 12/- extra and that if he has a child or two children, or more, he gets 7/- for the first two children but nothing for any child after the second.

That is more in line with the social welfare legislation we have brought in so far. The reason I have kept it in line is that it has not yet been decided whether the comprehensive Bill will proceed on the lines of social insurance or nationalised insurance, or whether it will follow the pattern we have been following up to this and deal with it by leaving the employer liable for his own risk. The employer, of course, can insure for that risk, if he likes.

There is also a limit of 75 per cent. No injured man can draw more than 75 per cent. of his ordinary wage. The age for a child, so far as this legislation is concerned, is 15 years. That has been the age in workmen's compensation legislation for many years and it would be a very big job to change it to 16, as was suggested in the other House. These supplementary allowances will be payable from the appointed day. Those men who have met with an accident and who are now drawing compensation as a result of that accident, if they have dependents, on the appointed day, the amount due in respect of dependents will be added on.

The Bill also provides for increasing the amount paid in the case of fatal accidents. All these amounts will be doubled. It also provides that the ceiling will be £600 instead of £500 as it is at the moment. That, again, is to bring it into line with the social welfare legislation we brought in last year. There are a few rather imporant changes which we considered to be rather urgent and they have been brought in, even though this is an interim measure.

There is a certain grievance from which the worker has suffered for many years, in that if he was injured in the course of his employment and accepted workmen's compensation, he was debarred from taking action under the common law against his employer for negligence. That is being amended to this extent, that if he makes up his mind within 12 months, he can take an action at common law, even though he has drawn workmen's compensation. It goes even further—beyond 12 months, but not beyond 24 months, if he proves to the court that he could not have been expected to take action during the first 12 months, his case will be heard by the court.

As the Minister says, this is an interim measure. As he has explained, it is rather detailed and as usual, and perhaps inevitably, it is legislation by reference, but in the circumstances in which we get it, the Dáil having adjourned until October, I do not think there is anything we can do except pass it on the ground that it does contain certain improvements in the situation with regard to workmen's compensation. With that, I think, we would all be in agreement. At the same time, if the Seanad had got this Bill earlier, it could have had several weeks to examine it, to make certain suggestions, to put in certain amendments or even persuade the Minister to agree to certain amendments; but the result of amending it now, if we could do so, would be to hold it up until October or later and therefore with hold its benefits. Accepting it on the basis of the Minister's statement that it is, as indeed it is, an interim Bill, the only thing we can do is to pass it. May I merely say this, that if the Minister decides to bring in a comprehensive Bill, I hope that when he or whatever Minister brings it in, it will be a completely new measure which can be read as one document, without reference to any other Acts? If the Minister could do that, it would meet with general approval. Meantime, the benefits in the Bill should be allowed to run and in our circumstances—we only got copies of it this morning and could not be expected to go through it—all I can say about it is that we should pass it, even though it does seem a little indecent.

I share the views of Senator Hayes. This Bill is introduced following a Bill introduced in November last by Deputy Norton and others and it follows on much the same lines as that Bill. We should accept this Bill, but I should like to ask why there is any necessity for the regulations in regard to proof of age and marriage as set out in Section 11, which provides that where for the purposes of the Act the age or marriage of any person is required to be proved, a person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister and on payment of a fee, be entitled to obtain a certified copy of a birth or marriage certificate. I should like the Minister to tell us why he could not set out in the Bill the form he has in mind in respect of people who require these documents. Why, again, must we provide that in a Bill when a simple declaration could be set out in the Bill? I do not see why in such a simple matter as this the Minister could not set out the requisition in such form as he wishes in the Bill. I should like to hear what the Minister has to say to that. The requisition he will prescribe cannot be so complicated that it could not be put into a Bill. Like Senator Hayes, I hope that when this comprehensive Bill is introduced, it will repeal completely anything in the way of workmen's compensation legislation that has gone before it and bring it up to date in one Act and make clear in a relatively simple way what the law is with regard to workmen's compensation.

The Minister for Health, who is a different Minister, issues these certificates of births, deaths and marriages and this clause is put in because the Minister may find it convenient from time to time to alter the form as he had to do lately. It is almost identical with Section 50 of the Social Welfare Act, 1952, and, since that Act was passed, these certificates have been altered. The price has been altered, too.

Question put and agreed to.
Agreed to take remaining stages to-day.
Section 1 agreed to.
Question proposed: "That Section 2 stand part of the Bill."

Could the Minister give us any idea as to what date he proposes for the appointed day?

I hope, 1st October, but it may be a little into October.

Question put and agreed to.
Sections 3 to 13, inclusive, Schedule and Title agreed to.
Bill reported without amendment, received for final consideration and passed.

Perhaps the Minister would speak a kind word for the Fine Gael Party before he goes away.

A happy Galway to all Parties.

The Seanad adjourned at 9.30 p.m. until 3 p.m. on Wednesday, September 30th.

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