asked the Minister for Defence if he is aware that military service certificates have been refused to a number of applicants who appear to have qualifying service but who for some reason were unable to present their case properly; and, if so, if he will arrange with the referee that an applicant's friend or solicitor be allowed to assist the applicant and act as an advocate for him when his case is being heard.
Ceisteanna—Questions. Oral Answers. - Military Service Certificates.
I am not aware that military service certificates have been refused in cases of the kind referred to by the Deputy. Applicants for military service pensions on being summoned to appear before the referee or Board of Assessors are invited to produce any evidence which they consider necessary for the proper presentation of their cases. The referee or Board of Assessors carefully consider the oral testimony of each applicant and his witnesses and where necessary seek further evidence in order that the applicant may get a fair hearing of his case. Applicants, if they desire, may be represented by solicitors or counsel at the hearing of their applications.
Is the Minister not aware that in a number of cases the applicants are now aged and are not able to present their case as they should? As the Minister is aware, there are yet no rules by which the applicant can be guided and even if counsel appears for him it is difficult for him to make the case. Permission should be granted for the equivalent of a soldier's friend to appear with the applicant to remind the applicant in some instances. Even though he himself could not give evidence his presence would be of great assistance to the applicant and to the referees in making their decision in the matter.
I am aware of this but I cannot do anything in the matter. The type of person to whom the Deputy refers is usually helped and aided by the members of some organisation.
Questions have been put to applicants like: "What sort of night was it on such an occasion?" If there was a friend there he would first draw attention to the inadmissibility of the question and he would prevent the applicant from being harried. That would be of great assistance to the applicant. It is a question of amending the rules of the referees so as to enable that to occur.
Is the Minister aware that some years ago a copy of the applicant's original statement or evidence was made available to him and that that was discontinued last year? Could the Minister see his way to reintroduce the system whereby the applicant could get a copy of his original statement of say 15 years ago as that would enable him to make his case as suggested by Deputy MacEoin?
I could not say for certain, but I will bring the Deputy's remarks to the notice of the proper authorities.