Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 2 Jul 1942

Vol. 87 No. 19

Committee on Finance. - Adjournment—Enniscorthy Military Service Pensions.

To-day, Sir, I had certain questions on the Order Paper in order to try to elicit some information as to why pensions were not awarded to the men and women in Enniscorthy who took certain action in Easter Week, in 1916, and the answers given to me to-day were identical with those that were given by the Pensions Board, through its chairman—a chairman who, in my opinion, is not competent to judge applications made by the people concerned, as, again in my opinion, it requires more than the judicial mind to decide on the claims of those to whom these questions are referred. I have never suggested that pensions should be paid out indiscriminately to people in this country, but, when there is a pensions code and when certain regulations have been made under which pensions should be paid to those who participated in the war of independence, I believe that proper treatment should be meted out to those who can make the claim to have done their duty during that period. In Enniscorthy town we had a large number of men and women who turned out during Easter Week, 1916. They took certain action and were prepared to offer their lives as a sacrifice in order that an Irish Republic might be established. The big majority of those men have been turned down in their claims for pensions. One wonders if we have now become so complacent as to forget the work done by those men not only during that period, but during the Black and Tan period as well.

It has been stated by members of the organisation known as the Old I.R.A. men of Enniscorthy that the Chairman of the Tribunal said, as far back as 1936, that he was only disposed to grant pensions to about one-third of the number of people who turned out in Enniscorthy during Easter Week, 1916, notwithstanding the fact that verifying statements have been made by prominent officers, who were all through the campaign in the County Wexford during the period under review. I refer to the verifications given by men of outstanding ability in so far as the fight for independence is concerned, men who are trusted in the County Wexford, such as Mr. T. D. Sinnott, Mr. Seamus Doyle and Mr. Patrick Keegan, all highly placed officers. They attended personally to verify the statements made by the men. There were 260 genuine claims submitted on behalf of the people of Enniscorthy, and I have been told by responsible authorities that up to now approximately 70 people have been given recognition for their services by way of pension, while men with equally good claims to those granted pensions, have been turned down.

It is, perhaps, necessary to give an outline of what happened in Enniscorthy during that memorable Easter Week of 1916. The referee and the Departments of Finance and Defence insist that the Enniscorthy men had no contact with the enemy. The Enniscorthy men came out to establish the republic and were prepared to die for the republic, if necessary. They came out under the order of Pearse and never thought that the struggle was going to end so quickly. The enemy came from Arklow down to Camolin, which is within about ten miles of Enniscorthy, and on learning that the Volunteers were in occupation of Ferns, a few miles away from Camolin, the enemy retreated to Arklow. British troops to the number of 1,100 had arrived in Wexford town. This column was composed of cavalry, infantry, artillery and an armoured train. The Volunteers at Enniscorthy had laid their plans to attack the enemy on the march from Wexford, but unfortunately Dublin had surrendered, and that order was sent by the enemy to Enniscorthy. The Volunteers did not rely on the word that they had received from the enemy troops, and would only agree to surrender on a personal order from Pearse himself.

The British permitted Captains Doyle and Etchingham to interview Commandant Pearse, who was then a prisoner in Arbour Hill. They interviewed him and received from his own lips the order to surrender. In the absence of those two officers, a column was formed by the late Commandant Séumas Rafter, to carry on guerilla warfare against the enemy. The remaining officers insisted that Pearse's orders be carried out, so that they were given no alternative but to surrender. Before the enemy had occupied the town all serviceable arms, ammunition and other munitions were safely dumped. Every man identified with the movement, who did not go on the run, was arrested and deported to England.

It was well known by the enemy at that time that the men were prepared to fight for the establishment of a republic, but the Pensions Board have tried to put the activities of the Enniscorthy Volunteers on a par with Volunteers who merely came out for route marches now and again, as they did in some parts of the country, and surrendered their arms to the British. As I have said, the board is alleged to have decided, as far back as 1936, to give pensions to 70 men only from Enniscorthy. At that time less than one-third of the applicants in the area had not been examined. The Act says that the onus of proof rests with the applicants. The applicants have submitted written proof and, as well, certain of their officers came to verify written statements already submitted to the tribunal. It has been laid down by the tribunal, through its chairman, that transport drivers are not to receive any recognition. I know, and other people who are familiar with the Enniscorthy situation know, quite well the part that the transport drivers played in the position that was created there during Easter Week. It is suggested that every Volunteer should have contact with the enemy in order to be entitled to an allowance. Now, surely it cannot be contended that it was possible for every Volunteer to come in contact with the enemy. I am perfectly satisfied that there are lots of people all over the country getting pensions who were never really in contact with the enemy.

The Enniscorthy Old I.R.A. Men's Association, when they heard that certain of their members were turned down by the tribunal, sought counsel's opinion. This question was referred to counsel: "Is the referee entitled to interpret the words ‘active service' as he has done? Can his interpretations be challenged? If so, how?" Counsel advised: "I am of opinion that the interpretation of the words ‘active service' adopted by the referee in these and, as I am aware, a great number of other cases is arbitrary and illogical. It is certainly completely at variance with the meaning attached to the term in any military code with which I am familiar." Counsel goes on to deal with the matter in detail, but I suggest to the Minister that when eminent counsel uses language of that kind that the Minister should find some other means of providing facilities for those who went out in Easter Week, with their lives in their hands, and were prepared to sacrifice their lives. I suggest to the Minister that he should provide them with another opportunity for having their cases re-heard.

I had three questions on the Order Paper to-day, one being a general question. One referred to the case of a man named Michael Walsh. I do not see why there should be any hesitation at all on the part of the board in making an allowance to this man who was actually wounded during Easter Week when Enniscorthy was in the hands of the Irish Volunteers and who has suffered in consequence of that wound ever since. It is beyond my comprehension to understand why there should be any hesitation on the part of the board to grant him a pension. I also asked a question about the case of Volunteer Michael Maguire. He has received Form R.30 which, I understand, is an intimation that his case does not come within the provisions of the Act to enable him to get a pension. This man certainly had direct contact with the enemy, because at Inch sometime after 1916 he was a member of a flying column which had an engagement with the Black and Tans in which one Black and Tan was killed and a number wounded. That in itself, I think, is a good reason why the Minister should intervene to examine some of these cases.

The time at my disposal is very short and I want to hear the Minister's reply. In conclusion I would say that these men have served their country well. They took every step necessary to come in contact with the enemy during Easter Week, 1916. Their deeds now are apparently forgotten. Their actions are being judged, in my opinion, by people who at the time had not anything in common with them and probably disagreed with their actions. Is it too much to ask that the Government, which calls itself republican, should even now provide some machinery to enable these claims to be reconsidered and the men concerned given the recognition to which they are entitled? A great deal of dissatisfaction prevails in Enniscorthy because of the action taken by the tribunal in connection with the claims made by people in Enniscorthy. The reason I use the word "people" is because in Enniscorthy a great many women, who were then members of Cumann na mBan, turned out as well as the men. They had the town of Enniscorthy in their hands for a period of three or four days. They were prepared to do anything necessary in obeying the orders of the late Commandant Pearse. I think I am right in saying that, outside Dublin, no action was taken by any group of Volunteers other than by those in Enniscorthy. These men took their lives in their hands. They were prepared to do anything they were asked to do. If they did not come in contact with the enemy, it was not their fault. They were prepared to meet a large number of troops who were on their way from Wexford when the surrender was called. They prevented any arms from falling into the hands of the enemy. They were able to dispose of these in such a manner that they were available when other opportunities offered. The majority of them were imprisoned at that time. When they came out of prison, they became active again and during the following years they fought many sharp engagements with the Black and Tans.

I have very great admiration for the stand taken by the men of Enniscorthy during Easter Week, 1916. Unfortunately, that admiration will hardly affect the referee's decision, which is based on the evidence placed before him by the applicants for service certificates. It is not correct to say that only 70 pensions were granted to applicants from Enniscorthy. Actually, 106 applications have been affirmed; 93 have been rejected, and 113 remain for hearing. It is not correct, therefore, to say that a decision has been arrived at that 70 pensions would be granted and that no further pensions would be granted.

Has intimation been sent to the others?

Everyone who was granted a service certificate——

The Minister mentioned 103.

106 persons, men and women, have been granted service certificates.

They have been notified?

Yes, they have all been notified. Ninety-three applications have been rejected and 113 remain to be heard. These 113 can, if they prove their case, be given a service certificate. The Deputy, therefore, does not seem to have been properly informed on the matter. I should say that before the board determined the basis of assessment of Easter Week service in Enniscorthy they consulted former officers from that area who served there during Easter Week. A similar procedure was adopted in relation to Louth and Galway, places which were in a similar position. As a result of these discussions it was found that some members had been active in the work of organisation and in making munitions prior to the Rising. The board arrived at the conclusion that such applicants as had, during Easter Week, occupied specific posts in Enniscorthy from the time the town was taken over until the surrender and had something approaching armed conflict with the Crown Forces or pivotal activities during the week, should be granted military service certificates. The members of the deputation with whom these matters were discussed agreed that the number of persons who would qualify on this basis would be hardly likely to exceed 100. The verifying officers from this area made representations to the referee which he considered very sympathetically. They were in regard to keymen, men in pivotal positions. It was because of these representations that the number was raised to the figure I have given.

It is also quite clear that a very large number of people in Enniscorthy were very friendlily disposed and helpful towards the Volunteers during that week and I feel that these people would be equally entitled to consideration if they were to make claims.

It is further clear that it would not be reasonable to decide that all the people who helped in one way or another had qualifying continuous service within the meaning of the Act. The Board acted on the principle that where a man reported to his headquarters, was appointed to a post, carried a lethal weapon, had an actual exchange of shots with the enemy and remained whole-time as an integral portion of the forces, or, alternatively, was engaged in pivotal activities at headquarters, subject to verification a prima facie case for the issue of a military certificate was established. If any of the claims of people remaining to be dealt with fall into the category which I have mentioned there will be a reasonably good claim for a pension.

The assessment of the services rendered by the women applicants presented something of a problem to the board, but the principle followed was to award service on the basis of continuous service rendered by women who were members of the Cumann na mBan and rendered substantial service before 1916, and who mobilised on Easter Sunday, or who reported to general headquarters on Wednesday, or who were engaged in first-aid work, cooking, or providing accommodation, etc., or who remained continuously at their posts until the surrender, actively and continuously carrying out such duties.

It is on the basis of these requirements that the referee has to make his decision and I think it can be said, in view of the fact that the number of pensions granted already has far exceeded the expectations of the people concerned, that the due consideration which the Deputy seems to think has not been given, has in fact been given.

How many cases are still under consideration?

About 113.

Will there be an early decision?

There will.

Within what period?

We hope to deal with all the cases before the end of the year.

Does the Minister mean the calendar year or the financial year?

Before the end of December. I do not think I can say any more than I have said. I hope I have convinced the Deputy that the position is not as bad as he has been informed.

The Dáil adjourned at 9.30 p.m. until Friday, July 3rd, at 10.30 a.m.

Barr
Roinn