asked the Minister for Justice whether his attention has been drawn to the claim for compensation made by Mr. Patrick Doyle, of Ballygawley House, Sandford, County Dublin, upon the British Government (as the authority responsible for the Military Hospital, Leopardstown Park, Stillorgan, County Dublin) for damages and loss caused by a dangerous lunatic, who, as alleged, was negligently allowed to be at large on February 10th, 1925; that the offender, on being charged at the Dublin Circuit Court on 28th February, 1925, on charges of robbery, assault and malicious damage, was found to be insane and incapable of pleading, and whether he (the Minister) will make representations to the British Government on behalf of Mr. Doyle for favourable consideration of his claim.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - DAMAGE BY LUNATIC.
TOMAS MAC EOIN
This is not a case in which I could undertake to make representations to the British Government in furtherance of Mr. Doyle's compensation claim.
Can the Minister say whether it is not customary that in the case of an international grievance of this kind the Minister should take up the claim on behalf of a citizen of the Saorstát. The only remedy he has would involve a case against the British Government with consequent cost, which is obviously impossible for a poor man.
It might not necessarily mean a case against the British Government. It might mean a case against the patient or his relatives.
The complaint is of negligence on the part of the authorities in allowing a lunatic to go about and smash up another person's house.
It is a private grievance and the remedies are there. Suppose it were not the British Government which was in question?
That is exactly my point. If it were the French Government which was responsible for the care of certain lunatics in Ireland, and if this incident occurred it would certainly be the business of the Irish Government to take up the case of an Irish national with the French Government.
If it were the Free State Government were concerned and we refused to pay, the man's remedy would lie in the courts. He has a remedy against the authorities of this hospital also. Presumably, they can be sued in the courts here.
I am making the case that there is no legal liability, and an appeal to the court would be useless. But there is a moral liability, and that is why I am asking the Minister to take up the case with a view to an ex-gratia payment by the British authorities.