I move amendment 1 to Section 9—to delete paragraph (b). Deputies will remember that this matter was discussed upon the Second Reading debate. The paragraph originally read that compensation should be paid to those men who were over 50 years of age or who had not less than 12 years' service. After full consideration of the representations that had been made from various quarters, the Executive Council decided to ask the Dáil to make the compensation apply to all former employees of the company by the deletion of this paragraph. That means that compensation will be paid to all former employees. The result will be that the total amount paid will be increased from £36,000 to £42,000, and this will cause a consequential increase in the annual payment from the Cork Corporation, which will be raised now to £1,745. The Corporation has, however, agreed to the proposal and it appears to have met with the approval of all parties concerned. I must say, however, that it was with some reluctance it was decided to bring it forward here, because it seemed that the basis for compensation in that case was the contention that the nature of the employment which these men had was likely, if continued over a long number of years, to make them unsuited for employment of another kind. There are others than the ex-employees of the Cork Tramway Company who lost their employment as an indirect consequence of the Shannon scheme, and no doubt there will be others who, under somewhat similar circumstances, will lose employment as an indirect consequence of other national undertakings from time to time. Heretofore, the principle has been generally agreed that compensation should be confined to those who have lost employment only as a direct consequence of those measures. Indirect loss has not qualified persons for compensation heretofore. This Bill is, in a sense, a departure from that principle, although it is admitted that the circumstances are unique and of a kind not likely to be repeated. I should like to have it understood that it is those very special circumstances which have occasioned this measure, and that its introduction or passage by the Dáil should not be regarded as an indication that other persons who suffered indirect loss in consequence of that or similar national enterprises will receive similar treatment. The special circumstances of this case were those I have stated, that the nature of their work was such as to make the persons unsuited for other employment. The statement has been made, and I have no reason to doubt its accuracy, that those who were employed on the trams in Cork are generally regarded by employers in Cork as unfit for heavy work, and will not be offered employment when work of that kind is available. Only those of them who have been lucky enough to get occupation somewhat similar to their previous occupation can we regard as secure. The others are likely to find it very difficult to fit themselves into the scheme of things there in future. That is the reason why this very special action has been taken in relation to them.
Cork Tramways (Employees' Compensation) Bill, 1933—Money Resolution. - Cork Tramways (Employees Compensation) Bill, 1933.—Committee and Final Stages.
Sections 1 to 8 put and agreed to.
SECTION 9.
Every person who complies with all the following conditions shall, subject to the provisions of this Act, be entitled to compensation under this Act, that is to say:—
(a) he must have been employed on the tramway on the critical date, and
(b) he must either have been not less than fifty years of age on the critical date or have been employed on the tramway for a continuous period of not less than 12 years ending on the critical date, and
(c) he must not have received or be entitled to receive any compensation under the Electricity (Supply) Acts, 1927 to 1932, and
(d) an application must be made under this Act by him for compensation under this Act.
Amendment No. 1 agreed to.
Section 9, as amended, agreed to.
SECTION 10.
(1) In the case of a person who was employed on the Tramway on the critical date and was at any time prior to that date employed by the Cork Electric Supply Company, Limited, otherwise than on the Tramway, such employment by the said Company shall, for the purposes of this Act, be deemed to be employment on the Tramway.
(2) Where any person who is entitled to compensation under this Act or would, but for such temporary absence as is hereinafter mentioned, be entitled to such compensation, was temporarily absent from his employment on the Tramway and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the first Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Force, or in either of the opposing forces during the civil strife in the years 1922, 1923 and 1924, or was interned or imprisoned in consequence of such service, such temporary absence shall, for the purposes of this Act, be reckoned with and included in his period of employment with the Tramway.
I move amendment No. 2, which is a consequential amendment.
In sub-section (2) to delete all words from the word "or" in line 43, to the word "compensation" in line 44.
Amendment agreed to.
Section 10, as amended, agreed to.
Sections 11 to 16, inclusive, agreed to.