The main purpose of the Bill, as its Long Title suggests, is to enable, so far as this country is concerned, effect to be given to and advantage taken of certain provisions of the Geneva Conventions signed on behalf of Ireland on the 19th December, 1949.
The conventions, of which there are four, were drawn up at a diplomatic conference held in Geneva in 1949, at which this country was represented. Two of the conventions, the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field, and the Geneva Convention relative to the treatment of prisoners of war, replace the Geneva Conventions of 1929, regarding respectively the relief of the wounded and sick in armies in the field and the treatment of prisoners of war and bring them up-to-date to meet modern requirements. Another of the conventions, the Geneva Convention for the amelioration of wounded, sick and shipwrecked members of armed forces at sea, replaces the Tenth Hague Convention of 1907 for the adaptation to maritime warfare of the principles of the Geneva Red Cross Convention of 1906. The fourth convention, the Geneva Convention relative to the protection of civilian persons in time of war, is an entirely new convention.
So far as we have been advised of the position, 43 countries have ratified the 1949 Conventions and 25 countries, including this country, have not yet ratified them. In accordance with the normal practice followed in this country in such cases it is desirable that the necessary domestic legislation to give effect to the conventions should be enacted before the conventions are ratified. The present Bill is the first of three measures which, it is expected, will be necessary before ratification.
As Senators are aware, the Red Cross Act, 1938, was enacted so as to enable effect to be given to and advantage taken of certain provisions of the Geneva Conventions of 1929. The 1929 Conventions referred to "armies" in a narrow sense as applying to the armed forces proper. The 1949 Conventions referred to "armed forces," and this expression covers, in addition to armed forces proper, several classes of persons such as war correspondents, supply contractors, etc., who accompany, with authorisations, the armed forces without actually being members thereof. Similarly, the 1949 Conventions regard as "prisoners of war" all those who come under the category of "armed forces" and who have fallen into the power of the enemy.
The change from the term "armies" in Section 1 of the 1938 Act to "armed forces" is effected in Section 4 of the Bill which sets out the primary objects of the Irish Red Cross Society. Section 4 contains also a new primary object, namely, the furnishing of relief to civilians who are protected persons within the meaning of the Civilians Convention which, as I have said, is a new convention.
Advantage is being taken of the present opportunity to amend the Red Cross Act of 1938, so as to authorise the Irish Red Cross Society to engage in any activities of a humanitarian character which are considered suitable and to make charges in respect of such activities. In Section 5 of the Bill which deals with this matter specific reference is made to authority to carry on a preventorium. The society has been operating for some years children's hospitals at Ballyroan, County Dublin, and Montenotte, Cork, for the prevention of T.B. The intention behind the provision in Section 5 is to remove any possible doubt that this good work can be continued by the society.
Specific reference is also made in Section 5 to authority to provide an ambulance service and to make charges for such service. I think it would be well to explain in some detail the considerations which led to this provision. As Senators are aware, the Red Cross Act of 1938 provided for the establishment and incorporation in Ireland of a Red Cross Society. The Irish Red Cross Society was established by an Order made by the Government under that Act, and there is, I think, no need for me to stress the excellent humanitarian work which the Society has since then carried on with unremitting endeavour.
For some time prior to 1945, the Irish Red Cross Society, through its branches, operated an ambulance service and made charges for the service. In 1945, however, a High Court judge, in proceedings instituted by the Attorney-General, interpreted the 1938 Act as not giving power to the society to hire out ambulances. Since then, the society has discontinued to make charges for its ambulance service, which has been operated to a very restricted degree free of charge. The peace-time activities of the society include the maintenance of an ambulance service for training purposes on the grounds that the most satisfactory and most thorough training in ambulance service work can be obtained only by actually operating such a service for the carriage of patients. The existing ambulance service operated by the society is regarded as insufficient to provide adequate training for its members. I might say here that adequate training in ambulance service work is very desirable if the society is to be in a position to fulfil its mission, under the Geneva Conventions, to assist the medical service of the Defence Forces.
There is nothing new in the operation by a Red Cross Society of an ambulance service on a hire or repayment basis. Such a service is carried on by Red Cross Societies in a number of other countries, e.g. Britain, Italy and Portugal and in the opinion of the International Red Cross Committee, the hiring of material by a National Red Cross Society would not be in any way incompatible with the Red Cross spirit and the Geneva Conventions. Any other society in this country such as the St. John Ambulance Brigade or the Knights of Malta is quite free to run such a service and it can be argued that it is unjust to maintain a discrimination against the Irish Red Cross Society in the matter.
I would like to say that it is not, and, indeed, it never has been, the aim of the Irish Red Cross Society to run ambulances on a profit-making basis. This was exemplified when, in the course of the High Court proceedings in 1945, it was pointed out that in the period of about four years ended on the 30th April, 1945, the society received £5,500 for hiring charges but expended £8,100 in respect of the running, maintenance, etc., of the ambulances.
Manned as it is by purely voluntary workers, the society's ambulance service could not be anything in the nature of a full-time service. It has only a total of 18 ambulances, four of which are located in Dublin. The society considers that it cannot, therefore, ever become a serious threat to any commercial firm operating a full-time service.
While I have considered it essential to state fully the society's position in relation to this matter, I am also fully alive to the necessity for ensuring that there should not be cause for complaint that the society is interfering with any commercial ambulance concern. I propose, therefore, to issue directions under Section 6 of the Bill which will preclude any such complaint of competition with private enterprise.
For the information of Senators, I might say that it is intended that those directions will be on the following lines:—
(1) The society shall not ply for hire of its ambulances. It shall not by advertisement, circular, or in any other way offer the services of its ambulances on hire. Ambulances will be used on hire only on request and then subject to the following conditions:—
Generally speaking, those responsible for authorising the use of the society's ambulances will permit an ambulance to be used for hire only where:—
(a) they are satisfied that efforts have been made on the patient's behalf to obtain a commercial ambulance but have been unsuccessful, or
(b) the patient's medical adviser certifies that the patient's condition is so dangerous that he cannot wait until a commercial ambulance arrives.
(2) A Red Cross ambulance may, however, without question be sent, on request, to convey victims of accidents to hospital.
(3) If any charge is made for the use of an ambulance in the circumstances already mentioned, it shall not be lower than the comparable rate for commercial ambulances.
(4) Where the attendance of the society's ambulances is requested by the promoters of sports fixtures, race meetings, etc., to stand by in case of accident they may be permitted to do so and any gift or donation proffered by the promoters of such events in consideration of such attendance may be accepted by the society.
(5) Nothing in these directions shall be construed as preventing the society from using its ambulances free of charge where it considers that the humanitarian principles which govern all of its activities demand such action.
As an added safeguard so far as this House is concerned, any directions under Section 6 will be by way of an Order which must be laid before each House of the Oireachtas and be capable of annulment by resolution within 21 days.
In order to give effect to Articles 26 and 27 of the Wounded and Sick Convention and Article 24 of the Maritime Convention, provision is made in Section 7 of the Bill, empowering the Government:—
(a) to authorise voluntary aid societies (including the Irish Red Cross Society) to render assistance to the Army Medical Corps;
(b) to consent to a recognised society of this country, when neutral, assisting a belligerent, and
(c) to give official commissions to hospital ships which might be used by the society.
Section 4 of the 1938 Act protects from abusive use the emblem of the Red Cross on a white ground. It is necessary in accordance with the Wounded and Sick Convention to place on the same footing as the Red Cross emblem, the emblems of the red crescent on a white ground, used by Turkey and other countries, and the red lion and sun on a white ground used by Iran as the emblems and distinctive design of the medical services of their armed forces. Any rights acquired through the use of the emblems of the red crescent and the red lion and sun for trade or other purposes prior to the enactment of the present Bill will not, however, be disturbed. These matters are covered in Section 8 of the Bill.
The Wounded and Sick Convention provides prohibitions of a more absolute nature relating to the use of the Arms of the Swiss Confederation than were contained in the 1929 Convention on which Section 5 of the 1938 Act was based. The 1938 Act provisions are now brought up to date in Section 9 of the Bill. In pursuance of a reservation by this country to the 1929 Convention, provision was made in sub-section (5) (3) of the 1938 Act preserving the rights of proprietors of trade marks registered before the 19th June, 1931, and containing the Swiss Arms. As the 1949 Convention was not the subject of such a reservation by this or any other country, sub-section 5 (3) of the 1938 Act is being repealed.
I think that what I have said gives a general picture of the nature of this Bill and the necessity for having it enacted. The Seanad will not, I feel sure, have any difficulty in accepting the measure.
