The following were the Terms of Reference:
I, Liam T. MacCosgair, Minister for Finance, hereby nominate, constitute, and appoint you. His Honour Judge Johnston, Dr. Hennessy and Dr. Kennedy, to be a Committee to enquire into the matters hereinafter set forth, and to advise and report to me as hereinafter mentioned, that is to say:
1. The Committee shall receive, investigate, and consider applications for compensation presented by any person who has suffered loss by reason of having been injured in his person, or by the dependents of any person who has died in consequence of having been so injured in any of the following cases, occurring since the 21st January, 1919, namely:—
(1) Where the injury was an injury to which the Criminal Injuries Acts would have been applied by the Criminal Injuries (Ireland) Act, 1919, as amended by the Criminal Injuries (Ireland) Act, 1920, had these Acts remained in force.
(2). Where the injured person was or was likely to be excluded from the benefit of the Criminal Injuries Acts as so applied, by reason only of the injury having been inflicted by members of the British Military or Police Forces.
(3). Where the injury was sustained without default on the part of a person being a non-combatant in the course of belligerent action between the British Forces, and the Irish National Forces, or in the course of operations by the National Forces against persons engaged in armed rebellion against the Government of Saorstát Eireann, whether before or after the passing of the Constitution.
II. The Committee will recommend to the Minister for Finance what sums should in reason and fairness be paid in the several cases above-mentioned, regard being had to (inter alia) the actual earning capacity of the injured person prior to the injury, and to the impairment of earning capacity attributable to the injury and to the actual extent of dependency of dependents upon the deceased person prior to the death or injury of the deceased person and to any effective provision made by the deceased person for his dependents by way of insurance or otherwise.
III. The Committee shall in general recommend awards by way of lump sum, but shall also recommend in the alternative monthly or quarterly allowances in cases of injury considered likely to be permanent. The payment of a periodical allowance may be recommended to commence on the 1st day of April, 1923, but a payment of a sum in the nature of arrears, but not exceeding the amount of one year's arrears, may also be recommended.
IV. The Committee shall not recommend an award in any of the following cases:—
(1). Cases eligible for any award under any Act making provision for Army Pensions.
(2). Cases in which a final decree under the Criminal Injuries Acts was obtained prior to the 12th February, 1922; and
(3). Cases in which the British Government have undertaken full liability.