asked the Minister for Defence if he is aware that John Casserly, Drumcaney, Cloone, County Leitrim, who had continuous service in the I.R.A. and the National Forces from 1918 to 1923, and who appealed, within the statutory period, for a certificate of service, was never called before the Pension Board or the Referee; that this man took part in an ambush at Lurga, Mohill; if he will state the reasons why this man was not called before the board or the Referee in respect of either his first application or his appeal; and if he will have this case investigated with a view to the issue of a certificate of service.
Ceisteanna—Questions. Oral Answers. - Refusal of Service Certificates.
Mr. John Casserly, Drumcunney, Cloone, Mohill, County Leitrim, made application under the Military Service Pensions Act, 1934, and the Referee found that he is not a person to whom the Act applies. Under the terms of sub-section (3) of Section 2 of the Act of 1945, the Referee is not required to summon an applicant, and, in any event, no useful purpose could have been served by his summoning the applicant in this case to appear before him, as the service claimed, even if established, was not sufficient to warrant the grant of a service certificate.
The applicant appealed for revision of the finding of the Referee, but when requested to furnish further details of his service, stated that he had no further evidence to supply.
A further appeal by Mr. Casserly in July, 1944, was considered, but the evidence submitted was not of a nature to warrant the reopening of his case. In view of the terms of Section 5 of the Act of 1945, no further action is now possible in this case.
Is the Minister aware that there was an undertaking given that all applicants would be called where there was additional evidence to be put forward? There is no doubt there was additional evidence put forward in this case. Will the Minister state why the Referee refused to consider such evidence as additional evidence?
Because, in the first place, the Referee received no additional evidence. The gentleman making the application stated he had not any additional evidence to offer and at a later stage the evidence submitted was not regarded by the Referee as additional.
I am dissatisfied with the answer given by the Minister and I wish to give notice that I shall raise this matter on the Adjournment whenever it is convenient to do so.
asked the Minister for Defence if he will state why Cornelius Hosey, Loughill, Edgeworthstown, County Longford, was refused a certificate of service, under the Military Service Pensions Act, 1934; if he is aware that this man's claim is still on appeal; that he has not had any reply to his last appeal, even though it was lodged within the statutory period; further, if he will state on what date a medal was issued to this man; and, if a medal has not been issued, the reasons why.
Cornelius Hosey, Loughill, Edgeworthstown, County Longford, was refused a service certificate under the Military Service Pensions Act, 1934, because the Referee reported that he is not a person to whom the Act applies. The evidence submitted by Mr. Hosey in support of his appeal against the findings of the Referee was fully considered but was not of a nature to warrant the reopening of his case. Mr. Hosey was officially notified to this effect on the 5th July, 1946.
Applications for medals should have been made before the 1st January, 1947, and as there is no trace of an application having been received from Mr. Hosey before that date, his claim for a medal cannot be considered. However, in the event of the time limit for application being extended, a form of application will be issued to enable Mr. Hosey to apply for a medal.
Is the Minister aware that this applicant received no such notification of his appeal being disallowed, that the additional evidence put forward in that appeal was certified by several members of the Longford Brigade Committee, and that it certainly was—at least, in my opinion— evidence which was not available at the time of the original hearing? Will the Minister state why, in a case of that sort, where an appeal was pending, a medal was not issued as it had been issued to other people whose appeals had been pending and whose cases had not been decided during the period ended 31st December, 1946.
Does the Minister know that there is a lot of dissatisfaction amongst Old I.R.A. men?
This is one definite case and the Deputy may not bring in all the Wexford cases.
There is dissatisfaction all over the country.
I must ask the Deputy to resume his seat.
They give everything to their own select crowd.
The Deputy must resume his seat.
I should like a reply to my supplementary question.
I have nothing to add to the information I have given in my reply to the original question.
In the circumstances, I wish to give notice that I shall also raise this matter on the Adjournment.