asked the Minister for Finance whether and when it is intended to give effect to the judgment of the Wigg and Cochrane case as regards Civil Service pensions.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - WIGG AND COCHRANE CASE.
The Government have had under consideration the opinions expressed by the Judicial Committee of the Privy Council in the case of Wigg and another versus the Attorney-General.
The Government are desirous of honouring to the fullest extent their obligations under Article 10 of the Treaty. It is clear, however, that some of the opinions expressed by the Judicial Committee in the case referred to would, if given effect to, result in more favourable treatment under Article 10 of the Treaty being accorded to transferred officers in the matter of bonus than they would have received had they remained in the British Civil Service or than transferred officers who elect to remain in the Civil Service of the Saorstát would receive on ultimate retirement in the normal course under the Superannuation Acts. Such a result was not intended by Article 10 of the Treaty.
The Executive Council have accordingly decided to introduce into the Oireachtas at the earliest practicable date proposals for legislation providing that awards of compensation already made by the Minister for Finance on the recommendation of the Committee, which was presided over by Mr. Justice Wylie, shall be binding in law. The legislative proposals will include a provision for the setting up of a Statutory Committee constituted somewhat on the lines of the defunct Committee, whose duty it will be to adjudicate upon all pending and future claims under Article 10. The determination of this Committee on any application or question referred to them will be final and conclusive. In assessing compensation the Committee will be required to adhere in the treatment of bonus to the basis applicable to officers in the British Civil Service immediately prior to the transfer of the officers to the service of the Provisional Government.
The Government are prepared to reimburse the taxed costs as between party and party incurred by or on behalf of the persons concerned as plaintiffs in the case of Wigg and another versus the Attorney-General, but they desire it to be known that any persons pursuing litigation in the Courts after this date in regard to claims under Article 10 will do so at their own risk. It is intended that provision will be made in connection with pending actions in the proposed legislation.