Gárda Síochána (Compensation) Bill, 1941—Committee and Subsequent Stages.

Section 1 to 5 inclusive agreed to.

Minister for Justice (Mr. Boland)

I move amendment No. 1:—

To insert a new section before Section 6 as follows:—

6.—(1) Whenever an application is duly made to the Minister for compensation under this Act, the following provisions shall have effect, that is to say:—

(a) if the application is in respect of the death of a person, the Minister shall authorise the applicant to apply to the High Court in accordance with this Act for such compensation;

(b) if the application is in respect of injuries not causing death, then—

(i) in case the Minister is of opinion that such injuries are of a minor character and were sustained in the course of the performance of a duty not involving special risk, the Minister shall refuse the application,

(ii) in case the Minister is of opinion that, although such injuries are of a minor character, they were sustained in the course of the performance of a duty involving special risk and that a sum not exceeding £100 would be adequate compensation therefor, the Minister may, with the consent of the Minister for Finance, pay the applicant such sums not exceeding £100 as he thinks proper,

(iii) in any other case, the Minister shall authorise the applicant to apply to the High Court in accordance with this Act for such compensation.

(2) The Minister shall not award under this section compensation in respect of personal injuries not causing death unless he is satisfied that this Act applies to the said injuries and that the applicant for the said compensation is the person on whom the said injuries were inflicted.

(3) The decision of the Minister under this section on application to him for compensation under this Act shall be final and conclusive.

Mr. Norton

We are accepting the Minister's assurance given on the Money Resolution.

Mr. Boland

I really did not want to have to say all that.

Amendment put and declared carried.

An Ceann Comhairle

Section 6 is deleted as a result of the acceptance of this amendment.

Section 7, 8, and 9 agreed to.

SECTION 10.

10.—(1) The following provisions shall apply and have effect in relation to every award of compensation under this Act by the Minister or by a judge of the High Court in respect of a death, that is to say:—

(a) in fixing the amount of the compensation, the Minister or the judge, as the case may be—

(i) shall have regard to any funeral expenses incurred by the applicant in respect of the burial of the deceased and any medical or surgical expenses similarly incurred in respect of the injuries to the deceased which caused his death, and

(ii) shall take into consideration the financial benefits which might reasonably be expected to have been received in the future by the applicant from the deceased if the deceased had not died at the time at which he did die, and

(b) where there is more than one applicant in respect of the same death and the Minister or the judge awards compensation to two or more or all of the applicants, he shall make a separate award of compensation to each of those applicants, whether they made separate applications or a joint application;

(c) where the Minister awards compensation to an applicant who is an infant, he shall either, as he shall think proper, direct that such compensation be paid to a parent, guardian, or other person for the benefit of such applicant or direct that such compensation be paid to two persons nominated by him upon trust to hold and apply such compensation for the benefit of such applicant at such times and in such manner as they think proper;

Mr. Boland

I move the following amendments, which are all consequential:—

In page 6, lines 46-47, to delete the words "by the Minister or" and in line 49, to delete the words "the Minister or", and in line 50 to delete the words "as the case may be".

In page 7, line 8, to delete the words "the Minister or".

In page 7, paragraph (c), to delete lines 13 to 21.

These are consequential on the Minister not having to decide any of these cases where the dependents are involved.

Amendments agreed to.

Section 10, as amended, put and agreed to.

Sections 11 to 16, inclusive, and the Title, agreed to.

Bill reported with amendments.

Report agreed to.

Agreed to take the Report Stage now.

Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.

Question proposed: "That the Bill do now pass."

Mr. Fitzgerald-Kenney

I am very sorry that the Minister has changed the attitude which he took up yesterday, because, frankly, I think the Minister has done a good deal of harm to this Bill. In my opinion, in a great number of cases, it is going to work out this way, that the Guard who is able to pull strings will have a very much better chance of getting compensation than the Guard who is not able to do so. That is the real position in which things stand.

Mr. Boland

That is not so.