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Dáil Éireann díospóireacht -
Thursday, 15 Nov 1928

Vol. 27 No. 2

ADJOURNMENT DEBATE. - CLAIM FOR SEIZED MOTOR CAR.

I desire to raise this particular case of a claim for compensation made by Madame MacBride in view of what I consider the unreasonable and unjust attitude taken up by the Minister for Finance. In the first place, I do not see why a claim of this kind should be considered outside the scope of this particular Compensation Committee or any of the Compensation Committees which dealt with the claims for property seized or destroyed during the Anglo-Irish struggle. Personally, I am not acquainted with the terms of reference of this particular Compensation (Ireland) Committee, as it is called. I think there should be some machinery whereby compensation could be obtained in this particular case. The actual facts of the case are as given in a letter by Madame MacBride in which she says: "During the Anglo-Irish war in 1920 my motor car was seized by the English. My son was driving it, and the offence was that he was driving Countess Markievicz, T.D., who was on the run at the time. My son was kept in jail for three weeks, and was afterwards released without trial or explanation. The car was seized by the Black-and-Tans. It was a seven-seater Standard, worth £200, and essential to me, as I was very ill at the time, after being six months in jail in Holloway, and by the doctor's orders I was living in a cottage in the Wicklow Mountains, only possible if one had a car. After the Truce, Mr. Cope had promised that the car or its equivalent would be returned. Mr. Duggan also promised the car would be returned, but after the shelling of the Four Courts and my son's internment I could get nothing done. I applied to the Claims Commission in Ely Place, who, after investigating the matter, admitted my claim, and after great delay recommended me for £125 compensation. Mr. Blythe struck my claim off the list of claims recommended, for the alleged reason that Madame MacBride was responsible for destruction. Last week the Commission sent me an official letter saying my claim was not within the terms of reference."

Further down she says: "Mr. Blythe also opposed a claim for damage done to my house at 73 Stephen's Green by Free State soldiers, but eventually I won this in open court before Judge Drumgoole. Judge Drumgoole said it was quite evident my sympathies were not with the Government, but that did not prove that I had done any destruction or anything which would invalidate my claim to compensation. Unfortunately, the Claims Commission works in secret and not in open court or I would have my award paid for the car." In reply to a supplementary question as to whether there were any other cases where a recommendation was made for an ex gratia payment by this Compensation Committee, and whether he had acted on a recommendation in any of these cases, the Minister for Finance replied that he had. When I asked him what was the essential difference between Madame MacBride's case and the other case in which he acted upon the Committee's recommendation, he said that Madame MacBride's case was not one of hardship and that the others were. I do not agree with that statement.

Perhaps Madame MacBride has been able to exist without the actual payment for this car. But there are hundreds of other people who received payment of their claims in respect of property, whether seized or destroyed, who could have done without that money. They would not have actual starvation if they did not receive compensation. I do not think that the Minister should use that as a reason why the claim should not be paid. I am quite sure that there are thousands of other people who received adequate compensation in respect of motor cars which were seized both by the British forces and by the Republican forces during the Anglo-Irish trouble. In fact, when the Minister puts forward this plea of no hardship he is changing his ground on the matter, and I am quite sure that this plea of no hardship is only being put forward just to cover up the case, because the Minister adopted, as far as I can see, quite a different attitude on this matter before.

As Madame MacBride pointed out, he struck her name off the list of claims for the alleged reason that she was supposed to be one of those responsible for destruction during the civil war. Madame MacBride gave me a letter which was sent on to her by Senator Yeats, who was looking after this question for her a year or two ago. I do not usually quote Senator Yeats, but I suppose under the circumstances I will be forgiven. He says: "In connection with your claim, Mr. Blythe writes to me as follows," and he gives the actual words of Mr. Blythe in inverted commas. The actual words are: "In regard to the action in the case of Madame Gonne MacBride's compensation claim I can only say that the decision in this matter was taken advisedly and will not be altered. As Madame Gonne MacBride was one of those responsible for the destruction which placed such a financial burden on this country, I felt bound to refuse her compensation."

That apparently is the actual or supposed reason why the Minister has turned down this particular claim. I consider that that attitude, as displayed in that quotation, is most unreasonable and unjust. Madame Gonne MacBride should be entitled to adequate compensation in respect of that car which was seized by the British forces in 1920. When the car was seized it was actually being used for national work, and Madame Gonne MacBride should be as much entitled to compensation as those other people who have received adequate and, in some cases, over-generous compensation for property that was destroyed during the Anglo-Irish trouble.

Even if we were to look at this case from the Cumann na nGaedheal point of view, surely the fact that Madame MacBride was a Republican and was sympathetic to the Republican forces during the civil war should not debar her from receiving compensation for a motor car that was seized by the British forces during the Anglo-Irish trouble. In fact, this question of destruction and responsibility for destruction that has been raised before is just a smoke-screen. I think that the statement of the Minister in connection with Madame Gonne MacBride is unfounded and most unfair. To my mind it would appear that the reason for the refusal to deal with this claim has simply resulted from political spite and political prejudice against Madame Gonne MacBride, and especially on account of her activities during the past couple of years in connection with political prisoners. That is all I have to say in the matter. I ask the Minister whether, in view of what are undoubtedly altered political circumstances in the country, he would not reconsider a case like this.

I have no doubt, sir, that possibly a case like this would have gone through if special attention had not been given to it because of Madame Gonne MacBride's activities. But I looked at the case again this morning and it seems to me that it is a case which should not be paid and which ought not to be recommended for payment.

The Property Losses Compensation Commission made awards in cases which were within their terms of reference. These awards were of the same status as the reports made by County Court Judges, that is, in the case of awards payment might be made in full by the Minister for Finance, or it might be made in part or withheld. Then they make finally a certain other class of recommendations which were called recommendations. Now, the awards which were within the scope of their terms of reference were merely recommendations. The decisions that were called recommendations were in regard to cases outside the terms of reference. Something like 40,600 cases were dealt with by that Commission. Seventeen thousand nine hundred and seventy-one were ruled outside the terms of reference. For all practical purposes, you may say 18,000 cases were ruled outside the terms of reference. A great number of these were cases of loot. Other cases were cases where there was consequential damage of a sort that could not be claimed for. A very large number of cases were loot, and, in a great many cases, loot on a very substantial scale had been suffered by the applicants. Towards the end, the Commission were asked to deal with certain cases that were outside their terms of reference, and to make representations for compassionate grants where there had been special hardship.

This morning I looked over a number of the recommendations where we have paid. The cases that I was able to see in the short time I had available were cases in which, for instance, a business had been shut down for a year, or where four or five motors belonging to a taxi firm or motor transport firm had been seized. They were proper cases, and it was fair to distinguish them from cases where £50 worth of boots, say, had been looted out of a shop and nothing done. The man who suffered loot in this pre-Truce period of £50 worth of boots got nothing. The Commission was not satisfied, in dealing with these compassionate cases, to make recommendations. It was supposed to make recommendations where the parties really suffered special hardship. Looking at it this morning afresh, when I had the answer to the Deputy's question before me, I am perfectly satisfied that no recommendation should have been made in Madame MacBride's case. It was not one of those cases of special hardship. Perhaps she is a person of influence and that she was persistent, and she was able to get her case considered where people who were far more deserving by the hundred and perhaps by the thousand throughout the country were not able to get their cases considered at all. I say that, apart altogether from any political question. I frankly admit attention was drawn to the case, and it was scrutinised because of what I regarded as activities that were damaging to the public interest. Attention was drawn to it, but, apart from that, looking at it now, I am quite satisfied it is a weaker case than those reported on by the County Court Judges. It is in a category below the awards of this Commission, which in themselves were only recommendations, and might or might not be paid. Practically 18,000 cases were ruled outside the terms of reference of the Commission. Recommendations for compassionate allowances were made in 350 cases.

Madame MacBride's case should really be amongst the 17,000 odd and not amongst the 300 odd. There was no sort of hardship. There was no hardship comparable with that in the case of the man earning his livelihood and supporting his family by a motor business and being put out of business for a year. There was no special hardship in the case and I am satisfied that it was only by some sort of persistence or influence that she succeeded in getting a recommendation where no recommendation should have been given. It would be giving specially favourable treatment to somebody who as far as one can know does not seem to need it, while nothing was got by people who if not completely knocked out of business were seriously injured in business and might have been injured to the point of having to go out after the Commission had dealt with the case or had ceased to operate. The class of case in which persons were completely knocked out of business was the class in which there was a chance that the Commission would recommend a compassionate gratuity.

I agree with the Minister that possibly there are many worse cases than this, but should not the British Government have been responsible for compensation for this motor car which was seized by their forces? I understood the Provisional Government took over responsibility for payment of such compensation.

The British would never agree to pay in a case like that. At that time, the British assumed responsibility for certain cases, but not in a case like this. They never would assume responsibility for any of the loot cases and that is why the loot cases were never dealt with. We, on the other hand, had contended that it was their responsibility and we refused to pay anything in the loot cases. Then, finally, the British liability was compromised for the sum of £900,000 and it was after that the Commission was asked to make these recommendations for compassionate allowances. The British never consented. I have not had time to look fully into this case but I presume this was on a par with the loot cases. It was of the type of loot cases.

Is not that the essential difference between this case and the cases the Minister said were ruled out? This was not a loot case. This car was seized and the man who was driving the car was taken prisoner and was held officially. That is an aspect of the case that the Minister must advert to and give some consideration to.

Why was Madame MacBride informed that it was because of a certain attitude she took up that she was refused compensation in this case?

I do not know. At that time, I would have said that that was ample, because this was a less strong case than those cases where there were awards which were themselves merely recommendations.

Why was this excuse not offered at that time instead of changing from day to day?

Is the Minister aware that numbers of applicants were paid very much bigger sums than Madame MacBride claimed, because of what he called "persistence" and because of bluff, and in many cases because of pull.

The essential fact is that the car was seized officially. Surely the Minister's own statement in this House must apply to this case— that unless a person was proved guilty of an overt act Section 9 did not apply.

These cases are all on an entirely different basis. The cases that come under the Act are post-Truce cases. These pre-Truce cases were dealt with on an entirely different basis, and I can safely say that thousands of people who would have got compensation if their losses had occurred post-Truce and had come under the Act got no compensation at all because their losses were pre-Truce and were dealt with by the Wood-Renton Commission.

The Dáil adjourned at 10.55 p.m. until Friday at 10.30 a.m.

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