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Dáil Éireann díospóireacht -
Wednesday, 24 Jun 1931

Vol. 39 No. 7

In Committee on Finance. - Vote No. 7—Old Age Pensions.

I move:

Go ndeontar suim ná raghaidh thar £1,837,500 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1932, chun íoc Pinseana Sean-Aoise (8 Edw. 7, c. 40; 1 agus 2 Geo. 5, c. 16; 9 agus 10 Geo. 5, c. 102; Uimh. 19 de 1924 agus Uimh. 1 de 1928); chun Pinseana fén Blind Persons Act, 1920 (10 agus 11 Geo. 5, c. 49, a. 1); agus chun costaisí riaracháin áirithe bhaineann leo san.

That a sum not exceeding £1,837,500 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1932, for the payment of Old Age Pensions (8 Edw. 7, c.10; 1 and 2 Geo. 5, c. 16; 9 and 10 Geo. 5, c. 102; No. 19 of 1924 and No. 1 of 1928); for Pensions under the Blind Persons Act, 1920 (10 and 11 Geo. 5, c. 49, s. 1); and for certain administrative expenses in connection therewith.

The chief source of my complaint regarding this Estimate is based on the fact that it does not contemplate restoring to the old age pensioners the moneys that have been taken from them since the Free State Government took over the administration of the Old Age Pensions Acts. We have been told from time to time by the Minister for Finance and by the Minister for Local Government and Public Health that a generous interpretation is being given to the Old Age Pensions Acts, and we have been asked to believe that old age pensioners are being treated more generously by the present administration than they were by the British Government when that Government administered those Acts in this country.

The actual facts are that the Estimate for 1922-23 was £3,320,000, and that the Estimate for 1931-32 is £2,756,500, showing a reduction since 1922 of £563,500. It is an easy matter to show that that reduction of almost £600,000 in the amount of money expended on old age pensions was not brought about in its entirety by the legislation that was passed in this House. The greater portion of that reduction has been brought about by the rigid interpretation of the Old Age Pensions Acts. In 1924 the Minister for Finance set out definitely to secure a saving of £500,000 on this item of expenditure. The plea put forward at that time was the necessity for economy. The Minister for Finance, as reported in column 1262, volume 6, in 1924 stated: "Our view is that getting in this way £500,000 from this particular service we have got all that we are entitled to take or to look for." The figure of £500,000 was definitely fixed in 1924 by the Minister for Finance, as being all that the State was entitled to take on the urgent plea of economy and all that that particular service could afford. It was definitely undertaken at that time that an early opportunity would be availed of to restore this £500,000 to the old-age pensioners.

I do not wish to interrupt the Deputy but I think the Deputy is arguing in favour of an amendment of the law which I take it is not in order on the Estimate.

That is quite so. I was hoping that the Deputy would come to the criticism of the administration of the Acts as they stand at the moment. The Deputy would not be in order on this Estimate to go on as he is. He must confine himself to the administration of the Acts during the last twelve months.

I had hoped that the Minister would have sufficient patience to allow me to proceed and I think I would have satisfied you that my argument was not based on an amendment of the the law in 1924, and not on any proposed amendment of the law, but upon the administration of the law. In 1924 an undertaking was given that as soon as the country would be in a position to afford the restoration of the conditions existing under the British regime, the money would be restored to the old age pensioners. In February, 1928, the Minister for Finance had apparently made up his mind that that time had arrived. Speaking in the House on the 29th February, 1928 (volume 22, column 496), the Minister for Finance said: "We have now at least reached the position where we have actually turned the corner and where, although the improvement is not very great, there is a definite and real improvement. It is that improvement that, in my opinion, gives justification at present for some improvement in the conditions of the old-age pensioners." In the following April £150,000 was restored to the old-age pensioners, to people whose income did not exceed £15 12s. 0d.

Surely the Deputy ought to come to the administration during the last twelve months?

We find that since 1922-1923, even with the restoration made from time to time in this House, and with the generous interpretation of the Old Age Pensions Acts, of which the Minister has told us about, that a sum of £563,500 is owing to the old age pensioners in 1931-1932 that was available to them in 1922-1923. I think it is a reasonable proposition, and that it should have the support of every Deputy of this House that every possible facility should be given to a claimant for an old age pension to establish his claim. It has been suggested very earnestly from this side of the House that the Minister for Local Government should issue instructions to the officers administering those Acts that a copy of the pension officer's estimate of means should be served on the claimants. That very reasonable demand has been persistently resisted, and I am at a loss to know why that reasonable demand has not been complied with. It seems to me that the pensions officer's estimate of the means of the claimant to an old age pension ought to be an estimate that can be defended, and that the pension officer and the appeals officer could stand over. It appears to me, if that is so, that there would be nothing wrong in supplying a copy of that estimate that goes to constitute the lump sum attributable to the person claiming the pension and that it ought to be before the claimant.

The Minister for Local Government has argued that there is no necessity for that, on the grounds that the claimant has an opportunity of being present before the sub-committee when they are dealing with the case. It ought not be necessary to point out to the Minister or to any Deputy that while, in theory, it is possible for the claimant who is physically fit to be present at the sub-committee meetings when these cases are under consideration, it ought not be necessary to labour the fact that the average old age pensioner is not capable of adequately presenting his case, and in 99 cases out of 100 is utterly incapable of arguing his legal rights against the pension officer. Apart altogether from the fact that the average claimant cannot properly defend his rights before the sub-committee, a very big percentage of the claimants are not physically fit to be present when the claim is being heard. I think the Minister will agree that it is not of much advantage to a deaf claimant to be present while his case is being heard by the Old Age Pensions Committee. If these people were furnished with a copy of the pensions officer's report regarding the means of livelihood, and that the fourteen days that are available for presenting additional evidence to the Local Government Department could be availed of to supply additional evidence, there would be much less likelihood of a miscarriage of justice than under the present system.

In regard to the question of means, the pensions officer's estimate is usually made as a lump sum. The claimant is informed, say, that the officer estimates his means at £26 a year, but he does not say how the £26 is arrived at. Let us suppose that a claimant has two cows. We are given to understand a pension officer is instructed to value a cow at so much a year. That system appears to me to be liable to lead to grave abuses and to a grave miscarriage of justice. You might have a mountainy cow in the northern end of my constituency valued at the same amount as a cow in Kerry, or even in different parts of my county. These old quadrupeds, classified largely as cows, have generally to live by their wits in the northern end of Monaghan, and the pension officer would more accurately described them if he put them down as an actual loss to the claimant rather than as being worth so much a year.

The same remarks apply to the estimate of income attributable to crops. The pension officer seems to have a uniform formula to solve all these difficulties. When that formula is given a uniform application, it is just as liable to err as the officer himself is liable to err in calculating the amount of butter fat in the milk of one cow as compared with another. In many parts of Monaghan the crops have not been got in this year, and where they have, the seeds have rotted in the ground. If the pension officer happens to make his estimate this year, it would be all right for the claimant. If the officer calls during a good season and puts the estimate at its highest, that estimate will be binding for the rest of the pensioner's life, and an injustice is done in that way. If a detailed statement were given as to how the estimate was arrived at, none of these errors would be likely to arise.

There is another matter about which I have had reason to complain from time to time, namely, the system of notification adopted in the Appeals Department whereby it seems to be possible that when a person is notified that the officer has appealed on a particular statutory ground the pension is, in fact, subsequently disallowed on another statutory ground. Some time ago I raised the matter here and the Minister for Local Government appeared to be under the impression that such a thing would be impossible. I have here before me particulars of two such cases. One is the case of John Cusker, Appeal No. D. 703. He received notification from the Appeals Department that the pension officer had appealed on grounds affecting the statutory qualification as to age against the decision of the sub-committee. The claimant took steps to satisfy the Appeals Department as to his age. These steps were successful and the Appeals Department were satisfied that he was of the required age. Without further notification to the claimant the award of the sub-committee was reduced from 6s. to 4s. When the claimant was notified that the pension officer had appealed on the grounds of statutory qualification as to age the claimant was entitled to assume, as any sensible or reasonably-minded man would assume, that the only statutory qualification that was being questioned was his age. The claimant appealed subsequently and applied for an increase in his pension and, in the course of a few months, it was increased by the sub-committee to 8s. This time he was in a position to fight on the question of means and the pension officer again appealed. He was notified that the statutory qualification as to means was to be brought in question. He made all the representations that possibly could be made and he was awarded a pension of 7s.

I submit that by reason of the manner in which that claimant was treated by the Appeals Department and had been notified that the only statutory qualification that was being questioned was one of age, he was deprived of 3/- a week for the period intervening between the original award and the subsequent one of 7/-. I have details of another case in same district. The claimant's name is Matthew Skinneder, and the circumstances are exactly parallel with those of the case of John Cusker. There is something radically wrong with a system that allows the possibility of such occurrences as I have mentioned. These cases came under my personal notice during the past six months, and it is reasonable to assume that there must be many other cases like them. I hope that it will not be necessary to draw the Minister's attention to this matter in future, and I trust that the necessary instructions will be given to officers of the Appeals Department so that gross injustice will not be inflicted on old age pension claimants in future. The reasons advanced from time to time for not giving a more liberal interpretation of the Old Age Pensions Act have been the necessity for economy. I suggest to the Minister for Finance and to the Minister for Local Government that they should turn their attention in other directions. There are many directions that have been pointed to from these benches in which necessary economies could be secured to permit of a more liberal interpretation being given to the Old Age Pensions Act. It appears to me that a country that can afford to give pensions as high as £4,000 a year to ex-judges, that can afford to pay the amount to the Governor-General that was discussed in this House a few days back, something like £70 a day for the Governor-General and his establishment, can surely afford a more reasonable and generous interpretation to be given to this Act.

Repeated complaint has been made in this House regarding paragraph (d) of sub-section (1) of Section 2 of the Act of 1911. The majority of this House declared some time ago that it did not agree with the Minister's interpretation of that particular section. We were given to understand in the debate of that particular section, the section which declares that in estimating the means of the claimant to an old age pension, account shall be taken of any benefit or privilege enjoyed by the claimant, that it would not be interpreted in the rigid sense in which it had been interpreted heretofore. In order to make assurance doubly sure, the majority decided that it should be repealed altogether. I submit that it should not be necessary to repeal that section at all. The obvious interpretation and the obvious meaning of that section was that account should be taken of any benefit or privilege enjoyed by a claimant as a legal right. The Department of Local Government and the Department of Finance insist upon interpreting that in the light of a meaning that was obviously never intended. They claim that any benefit or privilege whatsoever must be taken into account, and that even charitable donations must be put down as income in estimating the claimant's means. That is entirely unfair and unjust. It is a flagrant violation of the judgment of the majority in this House, after a very detailed debate on the matter. It is a flagrant violation of the demand that a reasonable Irish interpretation be put on that section.

I stated before in this House that that section was not interpreted in the sense in which it is now being interpreted when the British administered the Old Age Pension Act here. I repeat that, and I have personal knowledge of the fact that only such privileges as were enjoyed as of legal right were taken into account in estimating the means of a claimant under the British régime in this country.

I would urge on the Department of Finance to withdraw the rigid instructions they have issued to pension officers and surveyors, the rigid instructions which makes it necessary to take into consideration the coppers that poor people get when going from door to door and even the loaves of bread which they get from the St. Vincent de Paul Society. The law never intended that. The British law never intended that, and injustices that were not inflicted by the British law and British administration should not be inflicted by a native administration.

We are very considerably restricted in the scope of our discussion on the Estimate inasmuch as we must confine ourselves entirely to the question of administration. As Deputy Ward stated it is not the question of administration to which most objection is taken in regard to old age pensions. Contention has centred most on the question of appeals. I think the Minister ought to know that there is a general feeling abroad amongst old age pensioners and those who have anything to do with the administration of the Act in the country—I mean members of the sub-committees—that practically all cases are appealed almost as a matter of course and without any very definite or specific reason on the part of the pension officer. One can quite recognise that on the part of many officers there is at least a temptation to take this line. It might be deemed by them the line of least resistance. In any case it would be deemed to be the safe line, the line which is most likely to prevent criticism of their actions in case they did happen to misjudge a case and fail to appeal it when, in the opinion of their superior officers, they should have appealed. As I say there is a grievance that they put the responsibility off their own shoulders by taking appeals in practically all cases. I am not saying, and I am not in a position to say, because I have no figures before me, whether there is any justification for that statement or not, but it is a view and a belief that is very generally held. Perhaps some observations from the Minister when he is winding up this debate will help to explain what the position is and may enable his officers to know, if they do not already know as clearly as they should, that appeals should not be entered upon as a matter of course and in order to transfer responsibility to some higher authority. One effect that that would have, if there was an inordinate number of appeals, would be to clog the machinery at the headquarters of the Old Age Pensions Branch.

There is complaint in some quarters regarding the delays that take place in deciding cases. It is quite evident of course that delays in many cases are due to unavoidable reasons, where enquiries have to be made, but there is a feeling that delays are taking place which are not at all warranted. Two points upon which appeals are most often taken are the question of age and the question of means. In the matter of age, it is my experience that too much attention seems to be paid by both the pensions officers and the final deciding officer in the Local Government Department to old marriage certificates. I do not know whether anybody outside the Pension Office would have any regard for the age entered in old marriage certificates. I am sure we all know that 50 or 60 years ago there was not any desire on the part of people getting married to be absolutely truthful in regard to their ages any more than perhaps there is now. In any case the woman getting married at that time, at the age of 25 or 30, did not scruple over age. She made herself a few years younger in her marriage certificate. She never thought that 40 or 50 years afterwards her entry would be there to prevent her benefiting from the old age pension. There are quite a number of these cases and while I do not suggest that they should not be taken into account and that regard should not be had to them I do feel that too much importance is attached to them and that when a document of that kind is produced evidence to rebut that requires to be very strong indeed and usually has to be in the nature of documentary evidence, strong and convincing documentary evidence too. That is one of the things I found in my experience of the working of the Act. That is one thing in any case that seems to me to get more attention than it deserves in deciding these cases.

Deputy Ward has called attention to the manner of estimating means. Most of the cases I come in contact with are cases of people living on very small holdings of land. The question of estimating means is no doubt a difficult one in these cases, but the number of appeals on the question of means has increased. One can say that, I think, on the number of cases that have passed through the hands of Deputies. I wonder has the Minister or the Department taken into consideration that there ought to be a decided change in the estimate of means, in view of the wave of depression that is passing over the small farming community and the very much decreased value of the goods produced on these little holdings? I do not know there is full account taken of that in estimating means. As far as my experience goes, it would appear to me that the same value is placed on whatever little stock or crops an applicant may have as was placed on them some time ago when prices were better. I should like to know if that aspect of that question has been fully adverted to and instructions issued to the pensions officers accordingly.

In regard to blind pensions, complaint is made at times of the delay in dealing with these cases. It appears that it is necessary for the Department's inspector to investigate each case. That being so, and the number of inspectors being limited, I am afraid a good deal of delay takes place. I should like to urge upon the Minister that these are cases where no avoidable delay should take place in having the applicants examined and their cases decided.

There is another small point with reference to cases in my own constituency. These are what the Minister knows as the Louisburgh cases, where certain irregularities occurred some years ago which nobody could defend. The old age pensioners, however, were not entirely to blame in the matter. Attempts were made to recover the over-payments, but I think it would be found on investigation that had these claimants made application later on for pensions they would have been able to repay their debts, and now be in the enjoyment of their old age pensions. Owing to a flaw or technicality, or whatever was the reason, they did not make their applications at the time they were entitled to get their pensions. They were not quite sure that they were entitled to the pensions, and they allowed the time to lapse. Owing to a provision of the Act, pensions could not be granted for an earlier period than the date of application, and they did not get the pensions as from the time they had really reached the age of 70. I should like the Minister to look into these cases which have been brought to the notice of the Revenue Commissioners and examine them again, with a view to seeing if it would be possible to write off the amounts outstanding against them, and to allow them to get their pension, and enjoy it for the short time they can enjoy it, because in equity, apart from the Act itself, they would have been entitled to it at a much earlier period than they actually got it.

I support the view of Deputy Ward in the matter of means, that the applicant ought to know the grounds on which the estimate of his means is made. Instead of the total means being merely stated he ought to have some means of knowing the basis on which his means are estimated to be of a particular value. Most of these people depend on others to put forward their claims, on local people, or on their representative on the county council, or their Deputy, or somebody of that kind. The grounds on which the estimate of means is made ought to be available to whoever is representing them, so that it could be checked and the applicant directed as to what was his position and what were his chances and the best way of putting forward his claim. I think that as we have, through legislation here, cut down the amounts available to the old age pensioners, we should at least see that the Act is administered as sympathetically as possible.

As has been stated by two previous Deputies, the question of the administration of this Act arises largely on the matter of appeals. Perhaps the Minister would give us the figures as to what percentage of cases are appealed, and what number of these appeals is decided in favour of the Revenue Commissioners rather than the applicant. We had before us recently an Auctioneers and Valuers Bill. Many of us had interviews with interested parties regarding that measure who tried to impress upon us the need for having expert training in the valuation of different kinds of property and stock and crops. I wonder what special training pensions officers have got in valuing stock and crops and other things which are taken into account in reckoning the income of applicants for old age pensions? As Deputies Ward and O'Connell have said, stock may have different values in different places. The value of crops varies from locality to locality and from year to year. The basis of estimating means should be supplied to the applicants when objection is raised. Regarding the statutory age, in many cases of course no birth or baptismal certificate is available and marriage certificates are practically worthless, as people interested in statistics will see that even up to a few years ago remarkably few ladies got married, say between the ages of 25 and 32. There were obvious reasons for suspecting that the figures were not quite correct. In fact, the figures are notoriously unreliable. It is very difficult to discover what principles are followed in fixing the means, or in requiring proof, in the absence of birth or baptismal certificates, that a person had reached the statutory age.

I shall quote just two cases from many which have come before me during the year, one to exemplify each of these points. As regards means this is the application of Bernard Ward, of Ballinasloe. He writes: "I am in very bad circumstances. Owing to the Government tax on us, I had to give up my trade as a dealer. In any case I am beyond work, being 73 years of age and under the doctor's care for rheumatism and kidney trouble. My wife and six children live with me here. Two of my girls are earning six shillings and seven shillings a week respectively. My wife earns an occasional shilling selling delph in exchange for bottles. Only for the St. Vincent de Paul Society we would die of hunger and want. The local committee granted me the full old-age pension, but the pensions officer appealed against it. I got 2s. a week for two years and last December it was raised to 5s. There is now no sale for old feathers, rabbit skins, or anything that I used to make a living out of. Then again we poor dealers were taxed as travelling shops. In the summer my wife used to go to a few race meetings with a little stall of fruit and sweets, but she cannot go since the new tax was put on. The `means' put against my claim for full pension is a small pony and car. That was valued at £4 a year. It is true the farmers used to give me an armful of hay for the pony or an hour's grazing when I was on the road, but is it not a shame to count that as means? The poor farmers have more heart than the pensions officer or the Government." I do not think it was fair to put £4 per year as the value of the pony and cart. He had nothing to feed the pony on, and owing to the tax they could make nothing out of the travelling shop. It seemed more of a liability than an asset.

He should get the pension.

He has 5s. a week, but I think he should get the 10s. Now, with regard to the statutory age, there was a case of appeal No. D. 2730, Michael Moloney, Abbey, Loughrea. His father's name was Thomas Moloney, and his mother's maiden name was Bridget Conway, and these are their children: Michael, applicant, no written record of age; Mary, died in infancy, no written record; Pat, born March, 1865—he would be 66 now —and Thomas, the fourth child, no written record of age. Evidence of age was supplied in Michael's case for the pension by a statutory declaration made by Patrick Lynch. I mention these two cases because I investigated them. I have asked the clergy and other responsible people were the facts as stated, and I am told that they were. Now the statutory declaration by Patrick Lynch, Abbey, who was born on March 1st, 1850—he is not an old age pensioner nor any relative of the applicant, and he is what is called in Galway a strong farmer— declares that he was nine years of age when Michael was born, that he heard of Mary but did not remember ever having seen her.

In the statutory declaration made by John Nevin, also a strong farmer, and no relative of the applicant, he says: "The applicant's parents worked for his people up to the time of Michael's birth, and that Nevin's parents often told him that the applicant was three years younger than he, Nevin, was. That he heard of Mary, but did not remember ever having seen her, and that the applicant was now 72 years of age."

Then there is the statutory declaration by Thomas Larkin, nephew of applicant, and 43 years of age. He states that his grandmother, the applicant's mother, often spoke to him of his Aunt Mary, applicant's sister, and that when he was about thirteen years of age his grandmother took him one day to the Abbey graveyard and there pointed out to him the grave in which Mary was buried.

The pensions officer apparently would not take the statutory declaration of these two independent farmers, and denies the existence of Mary. He believed apparently that, following classical mythology, she sprang from the brain of this applicant or his nephew. If those two affidavits are not sufficient proof of this man's age I wonder what proof of age the Minister and his Department would require in a case like that? The weight of evidence is certainly in favour of the applicant. There is no objection raised by the pensions officer on the head of means, and in such a case like that the weight of evidence should apply in favour of the applicant, and he should get the full pension.

I support the appeal put forward by other Deputies in regard to this question of means of old age pensioners. I know definitely where the regulations on the question of means are unfair. Yet appeals against the decisions of the pensions committee have been upheld by the Department. Persons conversant with how their neighbours are living, particularly in country districts where they have for years been acquainted with the old people, who are probably the very best citizens in the State, working hard all their lives, must feel aggrieved when they see the Government Department turning down their claims or disallowing their pensions or giving only part pensions of 2/- or 3/- weekly, particularly when they consider that men in the prime of life and capable of earning more than is adequate for their needs and their families are receiving very substantial pensions from the Government. I appeal to the Minister and to those in charge of this Department to have the whole regulations scrapped. The time is ripe when it would be good policy for the State to grant to the old people when they come to 70 years of age not merely a part but the full pension. I know cases where families have to receive home assistance, while at the same time members of the family are only receiving part pensions of 6/- or 7/- a week, the difference between that and the full pension being in dispute. I think that is a mistake. I recently called the attention of the Department to two or three cases without any result. The Department upheld the objections raised by the pensions officer. I know that although the pensions officer based his calculation probably on his visits of a couple of years ago, these calculations are still upheld by the pensions department. Circumstances change very quickly in rural districts. In the present position of things in the country, there is certainly a wave of depression, and though many homesteads and families try to keep the best side out, they are very badly depressed at times. I have two or three instances in mind of old people who have made fresh applications to have their claims reconsidered and be granted full pension, but still they are turned down and their claims disallowed. I submit to the Minister and his Department that this method of calculating means which other Deputies have referred to and which I have personal knowledge of is unfair. I admit in a couple of cases I was satisfied that the pensions department were right in their calculation. I will admit that, but in the generality of cases that are turned down I think the calculation is not fair.

Deputy Fahy has mentioned a case which is typical of others. I know of one case where a man has been working all his lifetime on a farm. He applied for a pension. Naturally in the present state of affairs a farmer, who has a family of his own to look after, cannot afford to be overgenerous with an old employee. He has to replace him with an efficient worker. Still as he has given faithful service he likes to help him in his declining years. He helps him to apply for the pension. The old person has a wish to remain with him. He is capable of doing simple jobs around the farmstead. I think it is not fair that those little perquisites which such a man would receive should be taken so closely into consideration. If the poor old man leaves the farm and goes into the County Home or becomes destitute on the road, he can qualify for a pension. Simply because he desires to remain on there, and the farmer is generous enough to let him remain for the rest of his life in the place, he cannot. I think exceptional cases like that should be considered on their merits, and that a hard and fast regulation should not be imposed to debar such applicants from a pension.

After all, in this country there has been a sense of hospitality. We are often told that Government Departments have to do things in a businesslike way. I think in the long run a little bit of hospitality, if you like, should be extended in those cases. It would be all to the good, and no taxpayer would grumble if a little extra money had to be found to meet these cases.

I therefore strongly support the plea put forward that this regulation governing the question of means should be recast and should receive absolutely new consideration in the Department. Something should be done to wipe away the unnecessary regulations which are preventing a lot of people who are the best of citizens, who have worked all their lives as farm workers and given the best services they could give as good citizens, from getting pensions. For the two or three or even eight or nine years they have to live the State should not penalise them in their old age, and I would add my appeal to other Deputies' that this regulation should be looked into and recast.

May I draw the attention of the Minister to a complaint made to me as to the calculation of the value of a stack of turf as part of the means of a pensioner in reckoning up his statutory means? Everyone knows that an applicant for an old age pension is not in a position to go to a mountain and save turf. The turf is saved by the grandchildren of the pensioner or by their father and mother. I do not think that it is fair or equitable that a pensions officer should measure up the value of a stack of turf in calculating the means of an old age pensioner. Another thing is that affidavits and declarations as to the ages of old age pensioners made by very respectable, humble people have often been turned down. These matters I would like to bring to the Minister's attention, particularly the calculation of the value of a stack of turf which the old age pensioner had no hand in saving.

I do not think there is any subject we might discuss in this House so popular or that there is any work a person does that brings so much satisfaction to the individual as helping a deserving applicant to get a pension. Most of the objections arise on two heads—age and means. I would like to ask the Minister would the 1871 census not be available now so that comparison might be made in the matter.

My experience is that the friends of a lot of the applicants will not take the trouble to assist them in presenting their claims. I was amongst those aggrieved at being turned down at the Custom House, but while I, perhaps, said some very hard things, still it does not prevent my looking at the other side. I found that, with a bit of care in building up a case, you can get evidence for the applicant. When people come to Deputies to ask them to do something for them in their own business they find they are the very last persons themselves to move in the matter. I think that if the friends of the applicants were just as energetic as the Deputies have to be they could give the pensions officer a great deal of help in the matter of finding out the age.

While I have every sympathy with and belief in the affidavits that people send in on behalf of applicants, I see, too, that the pensions officer and the Pensions Department must be careful. Last year, in my own experience, a lady applicant who was turned down applied to me to see if anything could be done. I examined her case. She was a great-grandmother, and by a fair calculation one would have thought that she surely would have got the pension. We made further search and discovered in the end a certificate showing that she would be entitled to the pension this coming September. I mention that merely to show that we must not take up the attitude that the pensions officer is necessarily always down on the claimant.

Other cases could be mentioned, but I suppose there will be always cases on the border-line as far as means goes. I always think it a pity that in the matter of old age pensions, as well as outdoor relief, the hardship should be put on the thrifty. There are numbers of people through the country who have been hard-working and industrious, who kept their homes clean and tidy, and who always put up a good front, and it is that class which has made a brave fight that is turned down, whilst others who, perhaps, had better opportunities and who do not keep their homes tidy got the pension. I suppose that will be always a difficult question.

It was refreshing a moment ago to hear the tribute Deputy Ward and, I think, Deputy O'Connell, paid to the good old British days, when a liberal interpretation was put on all these claims. There are cases where it is very hard to understand how the amount granted is arrived at. A case was brought to my notice last year where the applicant could not find proof of her age. Everyone believed that she was 70 years of age. I wrote to the Department asking them to send down an inspector. The inspector came and was not satisfied that the applicant was the age. A month later another Deputy moved in the matter, and the pension was granted. While one might feel jealous about that, the point I want to make is that this old woman, who was penniless, living in a cottier house, was only granted 6/- weekly. My contention is that she was entitled to 10/- or to nothing. I cannot understand how 6/- was arrived at considering her circumstances. She satisfied the authorities that she was the age, so she was entitled to the full pension or nothing. When these things crop up one cannot understand them.

With regard to the other matter and the complaints that have been made about not being able to have personal representations, I have no ambition to be a trouble to anyone about pensions. I have plenty to do during my free time in Dublin without that. I think the officers doing this work ought to be able to do it without the personal intervention of Deputies. I found that when I put a straight case before them on paper——

Is this in order?

I do not think so.

I am discussing the administration of the Act and of how I found my personal applications were heard.

By the officer administering the Act.

Is it the Appeals Officer? He is subject to the Minister for Local Government.

I do not know.

There is no doubt about it.

In regard to the administration of the Act, I think we are not doing too badly and, with a little care and help from the friends of applicants, a great deal of hardship can be overcome.

My experience of the interpretation of the Old Age Pensions Act in a general way is that it is most unfair to the applicant. If I instance a case where applicants are refused pensions on the grounds of means I will then have to investigate upon what justification. In order to do so I will have to deal first with the application which must of necessity be made by the applicant. That application is sent to the local pension officer, who in most cases—I am not exaggerating when I say this— is a person with no practical knowledge of conditions in the country. The pension officers I have met are largely taken from the cities and towns, and they have no local knowledge of conditions in the rural areas.

Sometimes they are mere boys and they are asked to go and investigate claims for pensions. Their practical knowledge of the conditions in the rural areas is nil. I cannot understand on what basis they make calculations of means. I have been over ten years a member of a pensions sub-committee and I have never heard that basis explained. These officers are instructed from headquarters, either by the Minister for Finance or by his Department, to calculate the means of applicants for the old age pensions. They calculate the means on some basis and they are instructed not to disclose that basis to the sub-committee before which the claims are heard. Leaving aside the ordinary qualifications of these officers, who attain the standard of 100 per cent. in their civil service examinations, in the great majority of cases they are men with no practical knowledge of conditions in the country. Their sole basis of calculation is determined by some figure submitted to them by the Department under which they work. That shows how incapable these men are to calculate the actual income of applicants for the pension in rural districts. I was told some time ago about a pension officer who had to return the apparent means of an applicant and who mentioned that the person had two pigs. The supervisor, anxious to elucidate further information as to the possible value of the pigs, sent a memorandum back to the officer asking what class of pigs they were, whether bonhams, cows, or boars. The officer in his reply stated that he had not very much knowledge of pigs but that from appearance he believed they were between five and six years old.

That would be an ordinary answer to expect from most of the pension officers who are sent out to investigate the means of the farmer, including his pig stock, poultry stock, and farm stock generally; because these men, some of them boys, have no practical knowledge whatever af the conditions that exist in rural areas. To send these chaps around with definite instructions from headquarters here in Dublin, with no knowledge whatever of the rural conditions that exist in this country and their prejudice against those living in the rural areas —the city man's prejudice against the unfortunate person living in the country, regarding him as a person who has everything at his disposal, with all his advantages to contrast as against the conditions of the city man—is, I say, an unfair way of calculating the means of claimants. The pension officer is in most cases a city man or a townsman. Along these lines, I do assert that no justice or fair play has been extended to the applicants for old age pensions in rural areas. It is too much under present conditions to expect. One of the most extraordinary things that I have always protested against in connection with the appointment to the position of Excise officer of a boy from the city or town is that he is debarred from taking education from those who could give it to him on this important question of calculating the means. The pension officer is not permitted to give or discuss the basis of the calculation of means of the applicant before the only tribunal before which the applicant can come. He is prevented from discussing the question of means with the sub-committee.

As a matter of fact, it is not necessary for the pension officer at all to attend that sub-committee. He goes to the applicant's home without giving notice of his visit. The applicant is quite unaware of the time when he is to visit and quite unprepared to meet him. Having investigated the question of means in his own way, the pension officer calculates the total sum of the applicant's income. Not alone does he take down the statement of the applicant, but he goes over the farm and sees for himself. He checks what he sees, by what he has heard from the applicant on the question of means.

Having done that, then there is the sub-committee which is composed of people from the locality, people who are not old age pensioners themselves, but people who are responsible to the extent that they are public representatives. It is only public representatives who can sit on that committee. These people have full local knowledge as to the value of the means of the farmer. But they sit bewildered because the pension officer, after his assessment of the calculation of means, gives in round figures what he estimates these at. If he is there—and he may not necessarily be there—when they ask how he has calculated certain items of stock set out his memorandum, and what value he puts on two cows, four cows, or one cow, or on a certain number of pigs, or on a certain number of poultry, he will refuse to answer.

I ask the House is that an honest attempt to enable a fair calculation of means to be estimated? You have a pension officer with no knowledge whatever of local conditions, but only instructions from the Minister for Finance or his Department upon the calculation of means. You have his sum total set down in round figures. That is submitted to the committee of representative people who know all about the business of their own locality, people who sit by right of statute in their position as a sub-committee to investigate pension claims. Yet the pension officer will refuse to discuss details as to how he estimates the means.

We then come to the next stage. The sub-committee having discussed or heard the case put forward by the applicant, and using their own commonsense judgment and practical experience as to the value in full of the applicant's income, estimate what they consider within the law should be the fair pension given to that person. I am speaking of this matter as one who has had ten years' experience at least. I do assert, subject of course to contradiction, that in most cases the amount submitted by the pension officer is doubted very much by the sub-committee and refuted by them, and in the majority of cases their calculation or estimate of the means is very much less.

We then come to the next stage. Regardless of what decision the sub-committee may come to, the pension officer's estimate will stand. The case is then submitted to the Appeals Board. There the most extraordinary injustice of all occurs. You have on the one hand the expert whose duty it is to examine the claimant's case, to write up all details of his case and furnish it according to the technical requirements of his training and of his office. You have on the other hand the unfortunate applicant whose only appeal consists of going before a collection of men sitting as a sub-committee. After that the sub-committee hears the evidence. The position is that that evidence is not taken down. They are not supplied with a secretary, whose duty it is to furnish a report, or with a stenographer who would take notes of the applicant's evidence. The decision come to by that committee as to the applicant's means is generally in contradiction to the decision or evidence of the pension officer. I want to have detailed information furnished according to the technique of his office by the pension officer who prepared that information at the dictation or request to the office of which he is a servant. On the other hand, there is merely the submission of the contradictory information of the subsidiary committee. The Department in this matter sit behind closed doors until the case is finally decided. The pension officer sits behind closed doors and the decision is given.

There you have a fair outline of the conditions under which the old age pension applicants labour from start to finish. I do not think that a more unfair or a more unjust application of any order of Government could exist than exits in the particular case of the old age pensioner. I listened to Deputy White. He referred to the injustice that existed in calculating as part of the income the stack of turf owned by the applicant. If that were the only injustice that existed I think it would be a very small detail. I have no doubt Deputy White is sincere in his objection and he has before his mind some cases in which a stack of turf did operate unjustly against the applicant. But I have in mind a series of cases accumulated that would justify me in making a considered statement from my ten years' experience as a member of a sub-committee of pensions. I submit that the whole administration of old age pensions is biassed and unjust as far as the applicants are concerned.

If my objection consisted as Deputy White's of minor cases such as the value of a stack of turf I might consider that it would be sufficient to raise my voice and mention these matters to have them corrected, but I am afraid that Deputy White in confining himself to that minor objection lacked the experience of one or two years which would be necessary on an old age pension committee, to show him that the objection did not consist in the unjust valuation of a stack of turf but in the unjust administration of the whole Act by the State. I do not like to go into the whole matter. Probably it would be wearisome, but there is just this one other item to which I would like to refer and it is this, that again the bias of officialism towards old age pension applicants is very evident. When we come to deal with the case of the claimant and his difficulties, I can show legitimate difficulties in procuring the requisite evidence of age.

Recently there was an instance—one of a number—where an applicant could not find his age in the official records. At the time of his application he was resident in County Leitrim, but he was born in an adjoining county, and any reference to his age could only be found in the parish register or possibly in the school. The man was an invalid, and his wife was comparatively aged like himself. They were people without means. The onus of proof as to age rested on them. I know that applicant's wife had to borrow that from her neighbours, a sum of money not very large, to enable her to pay the bus fare to a place within ten miles of the district in which alone she could find evidence as to the age of her husband. Having borrowed the money she walked the remainder of the journey. Having found some evidence of age, she started on her return journey, and she found herself deposited by the bus at eleven o'clock at night eleven miles from her own home, under conditions that some people would consider to be inhuman if applied to people of more vigorous years. I do assert that where cases of that sort arise that the machinery of the State, at not so much expense to the State, should be sufficient to enable investigations as to age in such cases to be carried out and undertaken by the pension officer or by some official method, rather than inflict undue hardship upon applicants. I refer to it as one item of a number of items of hardship that my experience of pension work for a number of years has given me. This whole question of the administration of old age pensions is worked in a biassed way by the Department to secure, as far as can be secured, regardless of what a man's means may be, the safeguarding, I suppose, the Minister for Finance would say of the general taxpayer. I do not think that the methods are right, and I hope the House will express itself in that direction when the vote is being taken.

It is very difficult for a Minister who has any responsibility to pay much attention to a debate if there are a great many speeches made in that debate like the speech made by the Deputy who has just sat down. The Deputy summed up his remarks, I think, in the middle by saying that the whole administration was biassed and unjust, so far as the applicants were concerned. I have not the least hesitation in saying that that statement is not alone without foundation, but that it is entirely a ridiculous statement, and that the Deputy knows it to be so. Deputy Haslett, on the other hand, made what I think was a reasonable speech. If, in these old age pension debates, we had more speeches like that delivered by Deputy Haslett, the debates would be much more effective and much more useful both to the Department which is administering the Act and to the old age pensioners themselves. There are something like 118,000 old age pensioners. There are something like 20,000 claims investigated every year. The work is done by officers who have all sorts of individual views on political and other matters, by officers who do not owe their appointments to any favouritism or to any sort of jobbery, officers who are in the posts they hold as a result of competitive examination; officers who are under no obligation to the administration, and who could not, if the Government wished to do it, be instructed or compelled to do anything else than administer the Acts fairly and impartially.

If there was a suggestion that an officer would gain credit with his Department by having a pension refused when in law and in justice the pension ought to be granted, that fact could not be concealed for a week. That fact would be bound to become public. Deputies, no matter what they say or what they may do politically from the point of view of vote-catching in these debates, know perfectly well that the pension officers are not interfered with, and they know perfectly well that the object of the officers is to give fair play to the pensioners without, at the same time so far as they can avoid it, granting pensions to people who are not entitled to them by law. No system dealing with such large numbers of cases can be so perfect that an error will never occur, or that there can be no instances of any injustice.

Nobody would venture to say that out of 20,000 cases examined in the courts of law, with counsel on both sides, and with every assistance given to the tribunal, no mistakes were made and that no injustice occurred. In fact, if we were to judge by the frequency with which appeals are heard, one would be inclined to say that out of 20,000 cases decided there must have been a considerable number of errors. I have no doubt that out of 20,000 cases decided annually in connection with applications for old age pensions, there must be a number of decisions which are not correct. If that is so, however, there are at least as many cases in which either a pension is granted that should not be granted or a pension is given greater than that which should be given. There are cases in which a pension is refused when it should not be refused, just as there are cases in which a pension is fixed at an amount less than ought to be given.

Deputy O'Connell made an appeal in connection with the Louisburgh cases. The Deputy is aware that in Louisburgh and neighbouring districts there was some years ago a huge conspiracy to defraud the Exchequer, from which a sum, as far as I can remember, of about £15,000 was drawn over a period of years by people who were not entitled to old age pensions but who procured them by giving bribes to a couple of parish clerks who prepared false certificates which were carelessly signed by clergymen when the parish clerks put them up for signature. That is an illustration of the sort of difficulty that has to be contended with. It is an illustration of the fact that, in spite of every care being taken, pensions will be granted which should not be granted. The fact that a man or woman is an applicant for a pension does not prove that everything they say is absolutely true and that the pension officer who casts doubt upon the matter is a hardhearted ruffian trying to administer the law in a biassed way against the poor of the country. Cases are frequently turning up of people who allege that they can get no birth certificate and who try to prove their age by means of affidavits but who, a year or two later, when they reach the prescribed age, discover that they are able to get certificates. Many such cases have been brought to my notice.

That illustrates the fact that some care has to be exercised in accepting affidavits. If a clear affidavit is made by somebody who has good ground for knowing the age of the applicant, and who will state his views directly and clearly and who is a person who is known to be respectable and in full possession of his faculties, such affidavit will be accepted, but care has to be exercised. As regards the question of means, we are often up against cases where something brings to light the fact that the means of the pensioner were greater than the amount stated when his pension was granted. When legislation was before the House some years ago in regard to changing the amount of the pension, a large number of Deputies stated that in numerous parts of the country there were well-off people receiving the pension. No details, however, were put forward. I do not think that any Deputy ever put his finger on an individual case—if it happened I do not recollect it—and said that so-and-so was receiving a pension to which he was not entitled. Deputies would be unwilling to do that even if they were aware of such cases, but we would hear them loud and long if pensions were refused in such cases. Nevertheless, there was a great deal of talk about large numbers of people being in receipt of pensions who, by reason of means, were not entitled to them. As I have said, an occasional occurrence and subsequent events will enable us to get at the true facts, showing that, despite the care taken in administering the Act, there are undoubtedly people with substantial means which they manage to conceal from the knowledge of the committee and so obtain the pension.

The pension officer has to bear all these facts in mind, and has also to bear in mind the fact that there are relatively few people on pension committees—people who will take part in public affairs or engage in any activity in connection with old age pensions— who will definitely in all cases state what their real views are. They are quite willing to state their views and make a plea when asking that a pension should be granted, but few people are willing to give the pensions officer any assistance when it is a case in which a pension should not be granted.

The pensions officers labour under very considerable difficulties in that respect, and also in their dealings with pension committees. There are some committees in the country which really take their work seriously and try to do it in a conscientious way. The majority of committees do not take their work seriously, and do not regard themselves as being called on to act in a judicial spirit; they are out definitely to get pensions almost for all claimants. Deputy Maguire said that old age pension officers are mere boys, and his suggestion was that these mere boys should be subjected to browbeating by the committee in order that more people should get pensions. I do not think that the sort of discussion which Deputy Maguire would like to see would do anything towards getting the Act fairly and reasonably administered.

I did not suggest that there should be browbeating.

I would like to see Deputy Maguire talking in that fashion to a mere boy at a committee meeting.

What I suggested was that I would like the Minister to consider whether a better way of arriving at an honest calculation of means would not be found by having placed before the committee the basis on which means were calculated.

No. I would not. If we had old age pension committees who were prepared to exercise their functions in a judicial spirit, we would get better decisions.

What are the objections to having the matter discussed on the lines I suggest? Does the Minister think that by ignoring entirely the subcommittees he will make them feel their responsibilities? Does not his action in completely ignoring them result in making them irresponsible, as he suggests they are, but which I deny?

I have indicated already the reasons why I think the discussion which the Deputy would like would not tend to a fair and reasonable administration of the Act.

Before the Minister concludes——

I think I will proceed to make my own speech if the Deputy does not mind.

I presume I may ask a question of the Minister.

Not unless the Minister gives way.

I presume I may ask a question at the end of his speech.

Yes, when the Minister has concluded.

A good number of the pension officers are relatively young, but the pension officers always work in close touch with the Surveyor, who is always an officer of many years' experience, an officer of long service, and is an officer who has had a great deal of experience of this work. I have already stated to the House that, in connection with the estimation of means, the Departments concerned in the matter, the Department of Local Government and the Revenue Officers, work in close harmony with the Department of Agriculture, and that at intervals representatives of these Departments have had conferences with representatives of the Department of Agriculture with a view to seeing that as far as possible the estimates that are put on various kinds of farm produce are in accordance with the current market rate, and that in all other respects the value of the farm produce of any sort is correctly estimated.

Deputy Haslett talked about penalising thrift. Undoubtedly that is one of the defects of the system of old age pensions that we have. It does mean the penalising of thrift. It does mean, if Deputies like to put it that way, the penalising of industry, but, on the other hand, if we were not prepared to do that, then we must be prepared to go the whole hog. We must be prepared to grant old age pensions to all persons who reach the age of 70 irrespective of their means. If we were to do that the result would be something like doubling our Old Age Pensions Bill. I speak from memory, and I have not the exact figures, but we would increase the Old Age Pensions Bill to something like that extent. We cannot afford to do that. No social advantages would accrue which would justify such a very great increase in expenditure. If we are not going to do that, and if we are going to have a means limit, then we cannot avoid penalising thrift to some degree.

Some Deputies have referred to the question of benefits or privileges to which the applicant is not legally entitled. I say, as I said in this House before, that there has been no change in the practice in regard to dealing with benefits or privileges of that sort. Deputy Ward and other Deputies have positively asserted that there has been a change, that means arising out of benefits or privileges to which the applicant was not legally entitled were not taken into account during the time of the British administration. That statement is incorrect. The Act provides that such things shall be taken into account. The Act in that respect was administered here by the British authorities exactly in the way in which it is being administered now. If we were not to have regard to benefits and privileges of that sort, we would again increase the Old Age Pensions Bill without, in many cases, doing anything of any advantage to the people who would receive pensions. There is a great number of people being supported by relatives on whom they have no legal claim, being supported even in homes of relative luxury. There is no reason at all why the old age pension should be paid in such cases. It would perhaps be welcome to the old people as pocket money of their own, but it is not a necessity by any means. If we were to increase the Old Age Pensions Bill by paying pensions in such cases we would simply increase the burden on people who are deprived of all luxury already, people who cannot bear any increased burden. All these claims that we hear for giving pensions —and higher pensions—to people who have means are all proposals to throw additional burdens on people who have no means or people who are depending on the old age pension alone, people who are less well off than many who are depending on the old age pension alone.

I think I need say no more than this, that the Act is fairly and sympathetically administered, that while there may be, and undoubtedly are, cases where mistakes occur against applicants, just as there are cases in which mistakes occur in favour of applicants, there is no desire that anybody that has a just claim to a pension should be refused a pension. The desire is to give a pension to such person. There is nothing to be gained in any personal way by an officer as a result of refusing a pension. In fact if an officer were found to be refusing pensions which he should not refuse, to be exceeding his duty in that way, it would be bad for that particular officer. It would be a form of misconduct for an officer to do such a thing. The officers, taking them as a body, are just as humane as other people and I think, taking them on the average, that officers do everything they can to give pensions to those who are entitled to them. On the other hand, an officer is an official and he is not out looking for votes or for electoral popularity. He has regard for both sides of the case. I agree with Deputy Haslett that it is undesirable that an old age pensioner should have to apply to any Deputy in order to get his case fully heard. A lot of old age pensioners may not have a ready means of approaching a Deputy and it would certainly to an injustice that such people should not get what they are entitled to, while those who had means of approaching a Deputy were going to get it. It is most undesirable that Deputies should come into the matter at all or that there should be any reason for their coming into the matter. The Act should be administered in such a way that every person should get what he is entitled to and that he should be under no obligation to anybody in respect of that.

I am desirous of having the Act administered in that way. I think that the difficulties which occur very often are due to the negligence of friends and neighbours to take a little care in the matter. If those who are able to get affidavits would just take a little trouble about them no difficulties would arise. I do not know that it is possible to give any greater help to pensioners than is given at present. We are certainly not going to employ officers to go all over the country looking for evidence which might not be there. I think a great deal of the intervention of Deputies ought not to be and is not necessary and that a great many cases would be decided just as they are being decided if Deputies did not write any letters about them. These debates interest me very little, because I believe there is a tremendous lot of electioneering connected with the whole of the discussion we have had here.

I should like to know from the Minister in a case where a pensions officer disagrees with the sub-committee's estimate of means and he appeals against the award of the sub-committee to the Local Government Department, what is the objection in such a case to giving the claimant a copy of the pensions officer's detailed estimate of means? What is wrong with that? In what way can any injustice be inflicted on the community if the Minister complies with that suggestion?

What benefit would it be?

The benefit ought to be obvious. Surely it would be a benefit to a claimant to know how the pensions officer arrived at the means which he attributed to the claimant. How can a claimant meet a case if he does not know the details on which it is based?

Question put and agreed to.
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