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Special Committee Workmen's Compensation (Increase of Compensation) Bill, 1929 debate -
Wednesday, 17 Apr 1929

Question of Medical Benefits

Question of Medical Benefits.

I should like to know when the report of the proceedings of the last meeting of the Committee will be available. A statement was made by Deputy Rice at that meeting and I should like to draw attention to it.

Chairman

The verbatim report of the proceedings of the Committee will be printed and circulated when we report back to the Dáil. The type-script of the report is at present available for members of the Committee. Deputy Rice rang me up on the telephone this morning to say that he was engaged in court and asking to be excused for non-attendance at the meeting to-day. We practically disposed on the last day of the big question raised by Deputy Good.

It was to that question that I wished to refer. Deputy Rice mentioned that medical benefits were given under the Act in Great Britain which were not given in Ireland and, consequently, that we should give something by way of compensation. That was the reason given for increasing the maximum amount of compensation from 30/-, as given under the English Act, to 35/- as provided for in this Bill.

Chairman

My recollection is that Deputy Rice mentioned that medical benefits made up the difference. Would you like to raise a question as regards that?

In Deputy Rice's absence, I cannot raise a question in regard to it. I do not know who would have authority to reply on his behalf. I understood that statement was supported by Deputy Colohan.

Chairman

My difficulty, as Chairman, is that it would not be in order to go back on the entire question. We can only have a point of explanation raised.

I will have to raise the matter somewhere else.

Did Deputy Rice say that they had medical benefits in England under the present Act or under the Insurance Acts?

Chairman

Deputy Good can raise the matter when I put the question: " That Section 4 stand part of the Bill."

Since Deputy Rice will not be here, that would not avail much. I am satisfied that his statement had a considerable amount of influence with the members of the Committee when they came to the decision to pay 35/- in Ireland as maximum compensation as against 30/- in England.

They get medical benefits under the Insurance Acts in England which they do not get here.

I am talking of the benefits they get under this particular Act. We were told that they get benefits in England under the Workmen's Compensation Act which they do not get in Ireland.

Chairman

Since we have come to a decision on the question, it would not now be in order to re-open it. It will be open to the Deputy to raise the question on the Report Stage in the Dáil.

SECTION 4.

I move, on behalf of the Parliamentary Secretary to the Minister for Industry and Commerce, Amendment 4:

Section 4, in sub-section (3), paragraph (b), page 3, to insert at the end of the paragraph the words " or, if seventy-five per cent. of such average weekly earnings amounts to less than sixteen shillings, a sum not exceeding sixteen shillings."

Chairman

This amendment and a subsequent one are designed to remove an anomaly. As the subsection stands, workers earning 21/- per week might draw 15/9, whereas if they were earning only 20/- they might draw 16/-. The amendment is intended to rectify that anomaly.

Suppose their earnings were only 15/-, would you pay them 16/-?

Chairman

They would come under the 80 per cent. rule. You would not have the 75 per cent. there. The amendment is drafted merely to remove the anomaly I referred to and it does not increase or decrease the amount. It merely clarifies the position.

It fixes a minimum amount.

It only relates to persons who are earning between 20/- and 21/4.

I am not so sure that we have guarded against 16/- being treated as a minimum.

Chairman

The man whose average earnings are more than £1 per week would, on the percentage basis, receive less than the man who is paid £1, if this amendment were not accepted.

The intention is clear, but whether the amendment is going to work out in accordance with the intention is a point on which I have some doubt.

There is some ground for doubt. The amount mentioned in paragraph 3 (b) is a sum not exceeding 75 per cent. of the average weekly earnings. If you add to that " or if 75 per cent. of such average weekly earnings amounts to less than sixteen shillings a sum not exceeding sixteen shillings." I think you will fix a minimum of sixteen shillings to apply to all cases.

That is to say, where the 75 per cent. fell below 16/-, this would increase it to 16/-.

A man may get more than he was earning in that way.

Chairman

That could not happen in any case. He will only get a percentage.

I will look into the point and perhaps bring it up again on Report Stage.

Amendment put and agreed to.

I move, on behalf of the Chairman, Amendment 5:—

Section 4, in sub-section (4), paragraph (a), page 3, line 46, to delete the words " equivalent to" and substitute the words " not exceeding."

Chairman

The words " equivalent to " in the Bill appear to fix the amount under this sub-section absolutely, although sub-section 2 of the same section contemplates a possibility of deductions in respect of certain payments or benefits received by the workman who is incapacitated. The substitution of the words " not exceeding " removes this conflict.

Amendment put and agreed to.

On behalf of the Chairman, I move Amendment 6:—

Section 4, in sub-section (4), paragraph (b), page 3, line 51, to delete the words " equivalent to seventy-five per cent. of that difference " and substitute the words " not exceeding seventy-five per cent. of that difference, or, if seventy-five per cent. of that difference amounts to less than sixteen shillings, a sum not exceeding sixteen shillings."

Chairman

The purpose of this amendment is the same as the purpose of Amendment 4.

Amendment put and agreed to.

I move Amendment 7 on behalf of the Chairman—

Section 4, in sub-section (5), page 3, at the end of the sub-section to insert the following words " and in terms made applicable to this section."

Chairman

This is merely a drafting amendment.

Amendment put and agreed to.
Question—" That Section 4, as amended, stand part of the Bill "—put and declared carried.
Amendment 8 (Deputy Good) not moved.
Sections 5 and 6 ordered to stand part of the Bill.
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