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Dáil Éireann díospóireacht -
Friday, 5 Dec 1924

Vol. 9 No. 22

COMMITTEE ON FINANCE. - SUPPLEMENTARY ESTIMATES FOR PUBLIC SERVICES. VOTE 14—PROPERTY LOSSES COMPENSATION.

I move:—

That a supplementary sum not exceeding £10 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1925, for payments in respect of destruction of or injuries to property within the period 21st January, 1919, to 12th May, 1923, inclusive, under the Damage to Property (Compensation) Act, 1923, as amended and otherwise, and in respect of damage to, or loss of property and payments by way of indemnification or recoupment under the Indemnity Act, 1924.

This is a token estimate introduced for the purpose of bringing to the notice of the Dáil expenditure under this head.

There will be more than ample savings, if I may use the word, to enable the liability which will arise under this particular clause of the Indemnity Act to be paid. Deputies will, perhaps, remember that the Indemnity Act, 1924, provides that the Executive Minister may refer to a committee, set up under the Act, questions of claims for losses or damage arising out of acts of officers appointed by, or acting under, the First and Second Dáil. Then there are certain limitations laid down. It is said the committee shall not take into consideration any loss or damage arising from (1) billeting or quartering of troops; (2) sums paid or subscribed to any National loan or levy; and (3) fines imposed by any tribunal arising out of any order or regulation of general or local application, due to the existence of a state of war, or founded on mere loss of pleasure and amenity. It is further laid down that the committee shall recommend payment of compensation only in cases where special or continuing hardship has resulted from loss or damage. The committee has been appointed, consisting of Mr. Cussen, D.J., Mr. O'Dwyer of the Local Government Department, and Mr. Flanagan of the Finance Department.

The number of claims so far received amounts to 4,000, and the total amount of them would be something over £160,000. It is estimated, however, so far as investigations have gone, that a very large proportion of those claims— 25 per cent. or more—will immediately be ruled out as being outside the Act and the terms of reference of the Committee. Of those which will come within the terms of reference, the major part, by far the greater number, will come under four headings: (1) seizure of guns; (2) seizure of bicycles; (3) seizure of motor cars, and (4) commandeering of cars for use on active service during the war period. The work of dealing with these claims will be extremely difficult. The certification of the damage done and the ascertaining of whether the loss was actually incurred through the action of some person who is authorised to act as he did, by either the First or Second Dáil, or was simply carrying out the duties of his office or position under that order, will take considerable time. That work will all be very difficult indeed.

The Committee has been at work for some time and a great deal of preliminary matter has been got through, such as the classification and the registering of all these claims and the obtaining of essential details of various sorts. All that work has already been in operation. It is not expected that during the financial year any very large sum will be required. The amount set down in the estimate is £5,000. Probably after this preliminary period which we are now entering upon, the work will go ahead much more rapidly, and possibly it will be completely dealt with inside the next financial year. It is impossible yet, at the stage which the Committee work has reached, to say what the amount of awards will be in respect of the £160,000 claimed. The awards will certainly be considerably less than that. At the present stage, however, I could not inform the Dáil as to the total amount that is likely to be required.

Could the Minister help us to understand where we are in relation to damage to property, houses and the like, occupied about the 28th June, by Free State troops, who caused great damage, which is very inadequately compensated for? What opportunity will be given to us to deal with this question? Will there be any supplementary estimate?

That does not arise under this particular estimate. I do not think it does.

Does that mean that we will have to make an opportunity?

I do not think we could discuss it now.

There is one matter which I desire to bring before the Dáil. It is the treatment which some farmers have received in connection with property losses. It applies in a special manner to one member of this Assembly who has been very unfairly treated, we consider, in the matter of the compensation awarded him. He was offered a small amount, something like £479, for the reinstatement of his dwelling-house in a neighbourhood where the cost of building small dwelling-houses for persons, under the Army and Navy grants, comes to as much as £600 and £700. There is a general feeling that some people have not got the same opportunities as others in connection with those malicious injury claims. Apropos of that, I wish also to direct the Minister's attention to a statement made by one of the judges in Waterford, which has, I think, a bearing upon this matter.

Could not that question be raised separately? If the Deputy desires to raise that matter he should take some other opportunity. This is really a different subject.

I presume the Minister is aware of the case I mean. The house of a member of the Dáil was destroyed.

In any matter like that, I am perfectly willing to discuss details, if the Deputy would give me some notice or raise it some day on the adjournment. He should give me an opportunity to have the papers dealing with the case in my hands. Strictly speaking, I do not think that the matter he has touched upon comes under this particular estimate.

But it refers to property losses.

Perhaps, but in any case the estimate we are now discussing touches on a particular section of property losses, and deals with a particular class of case. I could not, at the moment, deal with the matter the Deputy has raised. If he cares to proceed with it he could do so at some other time, but let me say that it is absolutely impossible for any Minister to deal with individual cases unless due notice is given so that he can be supplied with particulars.

Let me direct attention to one line in the estimate: "Estimated savings on the sub-heads." We contend that the savings on those sub-heads have been the cause of the particular injustice that I wish to bring under the Minister's notice now. It is quite in order, and I wish to direct the Minister's attention to the fact that this is the only opportunity upon which we can bring pressure to bear on him. It is all very well to say that this matter can be brought on afterwards and, when a case is stated, the Minister will have facts and figures to produce. At the same time, you may be tied to the answer that building materials have fallen by 25 per cent. and so on. In the case that I have referred to, unless the man builds up the house with his own hands, he certainly cannot put it up with the amount of money that has been awarded to him. The matter is a serious one, and I would expect the Minister at least to give us a promise that not less than 50 per cent. of an advance would be given in this instance.

I may say that I know nothing about this case—I can remember nothing about it—except that the Deputy concerned came along suggesting that we should deal with it in some special way, and that it should not be dealt with under the Act, in the same way as all other cases are dealt with. I refused to see him, because I took up the line that I would not give any more consideration to the case of a Deputy, or even a Minister, than I would to any other person. I refused definitely to meet the Deputy referred to, or discuss the case with him at all. His case was heard in the ordinary way, and he got the same crack of the whip as other claimants.

I regarded his case from one aspect as being very unreasonable. If I had the file before me, and if I had had time to look over it, possibly, I could deal with it in detail. As it is, I have only the most general recollection of the case. There were cases where people had old houses, houses of inferior value, and where they got the full value of those houses it was extremely difficult to build new ones with the money. They got, however, the real value of their old houses and that was not unjust. That applies to everybody. I do not remember very well the details of this case the Deputy has raised.

Will the Minister say that in no case has the money awarded been increased? Will he say in every case no increase has been made? Has everyone been treated on the same basis? If the Minister says that, I am satisfied.

Everyone has been treated on the same basis.

There are some cases where there has been an addition.

An addition to the award?

That is not so. It would be impossible to give it. There is absolutely no means of giving anything in excess of the awards.

Can we even understand that the position is that these cases can be reviewed by the Minister?

No case could be. Public money can only be paid out in a regular way and only where an award of the court has been made. I certainly would not enter into negotiations with anybody for the purpose of having any agreed settlement arrived at. If the people responsible can arrive at a settlement with the applicant, and it is made a rule of court, well and good. That will prevent litigation and the expenses attendant upon litigation. But if it is not arrived at in the ordinary way by the people charged to do it and responsible for it, I would not intervene to get any agreement. When a case is heard there is nothing more to be done.

I want to draw the Minister's attention to the matter of guns taken by, or on the authority of, the Irish Republican Army in pre-Truce days. On two occasions I asked questions in the Dáil, as a result of repeated communications to me from some districts. I asked if anything could be done in order to have those guns returned, or otherwise have compensation paid where no return of guns could be made. I was told on each occasion the matter was under consideration. The last time was previous to the Summer Recess. I understand it is the Minister's intention now to refer this matter to a Committee, which will consider any claims sent in.

Is the Deputy referring to guns taken by the I.R.A. or the British? This only deals with guns taken by the I.R.A.

That is what I am referring to. There are three different classes of cases. One is the case where there is definite proof, and where a written document can be produced by the individual whose gun was taken in pre-Truce days; he holds a receipt from the persons who took the gun. That is clear and definite proof, if any proof is to be required or is to be acceptable. I want to know what steps have been taken by the Minister to see that those guns are returned. In other cases complaints are being received in regard to guns supposed to have been taken by, or on the authority of, the I.R.A., but the individuals concerned can produce no receipt or proof that the gun was taken. I only want the Minister to deal with the case where clear proof can be given, and I want to know from him why such cases should be referred to any committee, seeing that these claims have been continually coming in since 1922; in fact, some of them from 1921. A case where guns are supposed to have been taken and where no proof could be produced is a different class of case altogether, and an inquiry into such a case would be justified. But I think that to save Deputies repeated communications with regard to guns where proof can be given, some announcement should be made by the Minister in connection with this Vote. I quite realise that numbers of guns were taken, as far as I can understand, by and on the authority of members of the I.R.A., and in the peculiar circumstances existing at the time they were not sent to any central headquarters; in fact, I know where guns were taken and were afterwards distributed amongst the friends of the parties who took them. I want to know from the Minister what has been done, and if he is now in a position to deal with that particular class of case, and if the communications sent to his Department by individuals and by Deputies who are being continually communicated with will be attended to.

One of the reasons why it is necessary to refer this matter to the Committee is that it is necessary to ascertain certain facts. "Any person holding office under the First Dáil Eireann, or the Second Dáil Eireann, in the proper exercise or execution of any power, authority, or duty vested in or imposed on him by virtue of such office or employment." That is to say, that it was not because of a fellow seizing a gun, and the times being disturbed, simply deciding that he would have it. It must be established that he did it as a military operation, as a member of the I.R.A., and not as a private individual. That is a case where, even if a good deal of proof is given, there has to be a certain amount of investigation, even where it is proved that the gun was actually taken by somebody. These cases should be simple and should be dealt with very expeditiously.

Does the Minister agree or is it to be inferred from his answer, that in spite of answers given in this House to myself and to other Deputies, no investigations have been made by the Ministry of Defence?

A great number of cases that have not been referred to this committee by the Ministry of Defence have been investigated, and a good deal of work has been done on them. Some of them, on the other hand, are simply claims.

Is it not a fact that there are thousands of cases throughout the country where guns have been taken by the I.R.A. acting under orders, apparently, and where the names of those who took them are known? If the Minister is given the names of the people who took possession of these guns will that convince him that they ought either to be returned or compensated for? I do not know a thousand, but I know, I am sure, over a hundred cases where guns were handed over to individuals who, it was well known, were acting for the I.R.A. These guns have never been returned, and we know that there are guns all over the country in the possession of those young men who were nominally in the I.R.A. at the time. They are in their possession yet. That, I think, was a common practice.

I would like to ask the Minister if a case I have in mind will be covered by this. It is the case of a farmer taken out of his house by people, and part of his claim was dealt with by the Personal Injuries Commission, or at least is in process of being dealt with. But he has in addition to that a very considerable claim, which I personally can vouch for, in respect to damage to crops, and so on, that is to say, crops that were neglected owing to his absence from home. He had to spend a very long time in Dublin when he was being medically treated, and when he was fit to go home he was told by the authorities that it would not be safe for him to do so, as the district was too disturbed and that he would be attacked. He suffered a great deal of annoyance. During the time he was away he had about twelve or fourteen acres of barely, a certain number of acres of oats, and other property of that kind, which went to the bad. In addition to that he had to employ men to do some work during all the time he was absent. I would like to know if the committee would deal with such a case?

I think that that would come under the definition of consequential loss or damage, and that has been ruled out under the Compensation Act. There has been a considerable number of people whose businesses or premises were destroyed and who were compensated for their premises and stock. People of that kind lost a great deal, including crops, but no compensation has been paid in respect of consequential loss or damage, and I think that this would be the same kind of case.

What Committee would deal with such a case as I have mentioned?

It would be specifically ruled out under the Damage to Property Act. Of course, it is ruled out in all its consequential provisions.

Would that not be a case of actual loss? It would not be a case of consequential loss, and it should come in under actual loss. I want also to direct the Minister's attention in connection with this question of guns to a peculiar case where a farmer refused to give a gun to the I.R.A., and his employees, who were members of the I.R.A., managed to get the gun against his wishes. Of course he has no receipt. He was in this difficulty, that on the one side the R.I.C. asked him for his gun and he refused to give it, and then the other people came for it and he refused to give it also. On account of his men being members of the I.R.A. the gun was taken away, and he does not know where to get it.

That would be a very nice case for the Committee.

Vote put, and agreed to.
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