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Dáil Éireann díospóireacht -
Tuesday, 17 Jun 1952

Vol. 132 No. 9

Ceisteanna—Questions. Oral Answers. - Malicious Damage Claims.

asked the Minister for Justice if he is aware that the ratepayers of Dublin City and County have paid over £60,000 since 1930 to meet claims under the Acts relating to criminal and malicious damages and that in practically all cases the money paid to meet those claims is used mainly to recoup insurance companies, which have received large sums in premiums from the property owners; and, if so, if he will consider introducing proposals for legislation to repeal these archaic Acts.

I do not intend to introduce legislation on the lines suggested in the question.

Does the Minister not appreciate the importance of this matter as far as the ratepayers of Dublin are concerned? For example, in this week alone the Dublin Circuit Court hopes to dispose of 130 such cases and next month to dispose of 70 cases. That is 200 cases for malicious damages against the ratepayers of Dublin. I would point out to the Minister that these are very old English Acts dating back to 1835, 1861 and 1891. I would also point out that the Acts in England have been completely altered. This year we estimate in the corporation that we will have 4,000 claims for malicious damage. damage.

The Deputy is making a speech.

It is a big problem and the Minister should set up a committee to inquire into the whole matter.

Might I ask the Minister if he would consider having the whole position examined not merely in relation to Dublin but in relation to the whole country? As Deputy Gallagher has pointed out, it is an archaic survival partly of the occupation of the country and partly of feudalism. Would the Minister have the whole question considered?

Mr. Boland

I would like Deputy Gallagher to realise that the problem applies to more than Dublin. Many persons in the country would have been ruined only for the operation of these Acts. Last year some migrants from the West had their whole hay crop burned down and they were not insured. Some protection must be given as very often these people are not insured. One must consider the country as a whole not just Dublin City.

Does the Minister realise that in Dublin alone insurance companies get off scot free when plate glass is damaged? Damage to plate glass is responsible for a lot of the claims received by Dublin Corporation. Dublin is the place of which I have most knowledge but the whole question should be examined and a committee set up.

As far as plate glass is concerned would the Labour Party look into the matter?

Still clowning.

Not at all, he would not know how.

Is it in order for this funny Minister for Finance to prevent his colleagues from giving answers to supplementary questions? He has done that in my case.

I have no knowledge of the Minister for Finance interfering.

It is an accident of birth. He cannot help it.

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