Amendment No. 123 is out of order. The Deputy may oppose the section.
SECTION 114.
Question proposed : " That Section 114 stand part of the Bill."
I really want to know what the section means. If a person dies and has any estate worth bothering about, large or small, there is always some person who has a right to it. It may be a very small estate but it seems extraordinary that we should authorise a Minister to make regulations governing the distribution of a person's estate in view of the fact that the estate of a deceased person in this case is governed in accordance with law. I want to find out the Minister's view.
This section has been introduced to meet cases where a member of the Defence Forces dies without making a will, and where the value of his service estate is small, sometimes not more than £10 or £15. If the Department were to insist on administration being taken out, there might be considerable legal costs. It is necessary to have some prescribed procedure to get over the difficulties which arise where two or three people may be claiming the pay and effects of a deceased member.
As the Deputy knows, we have nothing such as the British Regimental Debts Act and we do require something which need not, however, be as elaborate as that Act. I do not know if the Deputy thinks the section too wide or if he is worried about the possible scope of the Regulations. We will, however, naturally ensure that these regulations follow the normal accepted principles in the matter of disposal of estates.
You could have a small estate and a couple of claimants. It would be a nuisance to everyone to have any dealings in regard to it. Normally, in any Department where the estate does not exceed £100 it is given to the next of kin on some form of statutory declaration. I take it that the same thing applies in the Department of Defence. This section is very wide. If the estate is in excess of a certain amount it should be administered in accordance with the ordinary law.
So it would be. I have seen a number of decisions in respect to small estates up to £30 or £50 and I have been genuinely impressed by the decisions, which have been based always on the rights of the widow and children.
I am satisfied that no regulations would be made which would conflict with the ordinary law.
Question put, and agreed to.
Sections 115 and 116 agreed to.