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Dáil Éireann díospóireacht -
Thursday, 24 Nov 1927

Vol. 21 No. 18

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - A DUBLIN AWARD.

asked the Minister for Finance whether he is aware that the mother of Joseph Kernan, of 40 Upper Mercer Street, who was murdered on the evening of April 3rd, 1923, was awarded £75 compensation by the Compensation (Personal Injuries) Committee, and whether in view of the fact that deceased was the sole support of his mother the award will be reviewed and an increased sum granted.

The Compensation (Personal Injuries) Committee, by whom the claim of Mrs. Margaret Kernan was fully and carefully investigated came to the conclusion that the dependency of the claimant upon the deceased, Joseph Kernan, was very slight. In April, 1924, they recommended payment of £75 compensation which they considered, after taking all the circumstances into account, to be a reasonable award. In consequence of certain representations which were made to me the application was, at my request, reconsidered in September, 1924, by the Committee who reported that they were unable to recommend any increase in the amount of the grant. In view of these facts I regret that I cannot see my way to take any further action in the matter.

Is the Minister aware that the evidence at the inquest showed that this man was arrested while there was a patrol of Free State soldiers on the streets, and, therefore, was arrested with their consent, and that there was no denial of that evidence at the inquest. In view of the fact that responsibility is involved, would he have the question re-opened, and also, in view of the fact that in an ordinary court of law, in normal times, if a case like this occurred, at least £300 would be awarded in respect of a person who was the sole support of his mother?

It is a question of dependency merely, and that was considered very carefully on two occasions by the compensation committee. At my request, after their first report was received, the matter went back to them and they still held that, in view of the slight degree of dependency which existed, no further award should be given.

If I am able to get further information to show that the dependency was not so slight, will the Minister re-open the matter?

No. I could not undertake to re-open any cases that were dealt with after this lapse of time.

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