Special Committee Workmen's Compensation (Increase of Compensation) Bill, 1929 debate -
Wednesday, 10 Apr 1929

SECTION 2.

Deputy Rice

I propose amendment 2 on behalf of the Chairman.

Before Section 2 to insert a new section as follows:—

2.—For the purposes of the Principal Act, a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position.

This provision is contained in the English Act. I did not include it in the Bill because I did not want to draft a Bill which would be in the nature of a codifying Bill such as had been introduced in England. That is departmental business, and not the work of a private Deputy. This amendment is in conformity with the scheme of the Bill, and I formally move it.

Deputy Ruttledge

The amendment refers to " ordinary necessities of life," and it puts the onus on the applicant of satisfying the court that he was dependent partially on contributions for the provision of these necessities.

Deputy Rice

In regard to this class of legislation, I should like to have our statutes phrased, as much as possible, like the statutes in existence, because it gets rid of the trouble of having interpretation here which must be obtained at the expense of somebody. We have the interpretation of many of these expressions already. Is not the phrasing used in this case the same as in the English Act?

Deputy Ruttledge

You put the onus on the applicant of showing that he has, in the first place, received contributions, and in the second place, that these contributions were for the ordinary necessities of life.

Chairman

This amendment does not deal with the onus which is placed on the applicant. It merely lays down that there must be definite partial dependency.

Deputy Ruttledge

For a particular purpose—the ordinary necessities of life.

Deputy Colohan

" The ordinary necessities of life "—that is a very wide phrase.

Chairman

This is a recommendation of the Departmental Committee. It is a unanimous recommendation, and it is put in here in order to harmonise this Bill with the principal measure which it is hoped to pass at a later stage.

Amendment put and agreed to.

New section ordered to be inserted in the Bill.

Section 2 ordered to stand part of the Bill.