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Seanad Éireann díospóireacht -
Wednesday, 15 Mar 1961

Vol. 53 No. 13

Connaught Rangers (Pensions) Bill, 1961 ( Certified Money Bill ): Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

Tugann Alt I den Bhille seo udarás reachtúil do'n mhéadú de 5% i bpinsin sheirbhíse agus i bpinsin mhithreora faoi na hAchtanna um na Connaught Rangers (Pinsin) 1936 go 1960 go bhfuil éifeacht air ón lú lúnasa, 1960, agus atá a íoc ón lá sin i leith ar údarás Meastacháin Bhreise le haghaidh pinsean a ritheadh i nDáil Éireann ar an 20 Iúil, 1960.

Sé an céatadán seo an céatadán atá iomchuí de réir scála na méaduithe le haghaidh pinsinéiri seirbhíse míleata a údaraíodh ag an Aire Airgeadais, ina Ráiteas ar an gCáinaisnéis in Aibreán, 1960.

Tá foráil in Alt 2 den Bhille a údaraíonn aisiriú phinsin a chulghairmeadh fe Alt 16 den Acht Um Na Connaught Rangers (Pinsin) 1936 i gcás phinsinéir a daoradh chun priosúntachta ar feadh son teárma is sia ná trí mhí, iar chiontu i gcoir. Ceadaíonn códanna phinsean eile pinsin a chulghairmeadh ins na toscaí sin a aisiriú ach ní raibh gá go dtí seo pinsean Connaught Rangers d'aisiriú. Tá mé tar éis cás den chineál seo a thabhairt fé ndeara le déanaí agus is féidir liom déileáil leis faoin bhforáil seo.

Mura mian le haon Seanadóir tagairt a dhéanamh do phointe áirithe, ni dóigh liom gur gá a thuilleadh a rá i dtaobh an Bhille.

Section I gives statutory authority for the 5% increase in service peasions and disability pensions under the Connaught Rangers (Pensions) Acts, 1936 to 1960, which became effective from 1st August, 1960, and is being paid since that date on the authority of a Supplementary Estimate for pensions passed in Dáil Éireann on 20th July, 1960. The percentage is that appropriate in accordance with the scale of increases for military service pensioners authorised by the Minister for Finance in his Budget Statement of April, 1960.

Section 2 contains a provision to give authority to restore a pension which has been forfeited under Section 16 of the Connaught Rangers (Pensions) Act, 1936, in a case where a pensioner, convicted of a crime, has been sentenced to a term of more than three months' imprisonment. The power to restore pensions forfeited in such circumstances is contained in other pension codes but the occasion for the restoration of a Connaught Rangers pension has not hitherto arisen. Such a case has now, however, come to my attention and this provision will enable me to deal with it.

I do not think that the Bill calls for further comment, unless any Senator wishes to raise a point.

This Bill is to give statutory effect to what has been in operation since last August and therefore the House will deal with it expeditiously. It would be of interest to know how many of these men of the Connaught Rangers are still living. If the Minister can give us that information, just from the point of view of interest, I should appreciate it. There must be very few of them left and therefore it is good that the Minister is introducing this measure to restore anything these men forfeited in the years gone by. Their action so many years ago in a foreign land, under an alien flag, was brave and memorable. Therefore, this measure should go through with great expedition. I welcome it and thank the Minister for introducing it.

I just want to say a few words. I know the people who say "I told you so" are not very welcome in any assembly, but I want to remind the Minister that we did tell him last year that he was not giving adequate increases in these pensions. Now the Minister is back again 12 months later and if he had given adequate increases last year, he would not be back again.

I noticed in the Official Reports of the Dáil that there were 25 of these ex-Connaught Rangers still living. Everybody here, I am sure, appreciates any concession that may be given to them and we feel that when there are so few of them, they are deserving of anything we can do for them. Their conditions of service at the time were so much different from the conditions of service of those who served at home. They were thousands of miles away in a foreign land and their action was spontaneous and, in my view, anything we can do for them would only be fair.

We all welcome this increase and most of us feel tempted to say what Senator O'Donovan said, that if the Minister had been a little more generous last year, it would not have been necessary to have this constant repetition of Bills. I should just like to repeat a point about the title of the Bill which I made last year. In English, it is called the "Connaught Rangers (Pensions) Bill, 1961," and the Irish title is "An Bille um na Connaught Rangers (Pinsin), 1961.” I made the point last time that it should be possible to find an Irish equivalent for “Connaught Rangers”. “Connaught” surely is Irish enough. We were told that this was a British regiment. After all, St. Patrick was a Frenchman and we do not call him Saint Patrice.

We do not call "L'Echo de Paris” the “Echo of Paris.”

What do you call St. Patrick?

I have heard him called a number of things.

He is naturalised.

This is the kind of legislation with which we are not all familiar, particularly some of us who were not here when the Connaught Rangers mutinied and I should be glad to have more information about the purpose of the Bill and why it becomes necessary. As far as the increase is concerned, it is quite clear that the rise in the cost of living is responsible for the Bill. That is in Section 1. I had a similar thought to that of Senator O'Donovan because I brought in Volume 52 of the Seanad Reports to quote to the Minister what we all heard him say on the last occasion when a variety of Bills were brought in, the Military Service Pensions Bill, the MacSwiney Pensions Bill and this kind of Bill. It is quite nonsensical to come into this House giving increases amounting to pennies and halfpennies, as was done on the last occasion, when it must be manifest to anyone familiar with the consumer price index that a much greater increase was due in November, 1959, than was given under the Bill then.

The Minister was told so but he said:

I have done as much as could be expected. I have also given in this case the increase given to other State pensioners in 1956 and I think that is as far as I could be expected to go.

Those are quotations from Volume 52, Column 771. I remember when I was growing up there was a stained glass window in the parish church in Castlebar dedicated to the Connaught Rangers. I presume that it is those who mutinied who are covered by this Bill. I should like to ask the Minister whether there are people who claim that they should be entitled to be paid compensation or pensions under these Acts who are not being paid. Would the Minister tell us how many people have made claims which have not been satisfied in the past few years? If there are people entitled to compensation under this code of legislation, nobody in the House or in the Dáil will begrudge them the relatively little money necessary to satisfy this demand.

It is very easy to be a prophet after the event.

We prophesied in advance.

I see nothing wrong in the introducion of this measure when it is introduced for the purpose of making provision for an increase to a deserving section in whom we are all interested, and if that is the case, if it is a question of giving an increase, the oftener the Minister comes in the better.

I welcome this Bill but I am not satisfied that the increase given is good enough. The time has arrived when these people who made great sacrifices 40 years back should get more than shillings and pence per annum. As a matter of fact, the time has come when the Minister or any Government should examine them in a more sympathetic manner and give something substantial to these people who played a prominent part in securing the freedom we have attained to-day.

I think Senators for dealing with the Bill so expeditiously. Senator Carton asked how many of these pensioners are surviving. Twenty-five are surviving at the moment. Senator Sheehy Skeffington raised the question of the Title of the Bill. I still take the same view that the title of the regiment should be perpetuated. It is the name of a British regiment, and while no doubt the two words could easily be translated into Irish, the regiment should retain the title which was in fact its title.

Connaught is still in Ireland.

Yes, but the Connaught Rangers were not at the time.

The pensioners are.

It is very pleasing to see the generosity of Senators opposite. They all welcome the increase and the only complaint that they have is that it is not sufficient. I do not think Senator O'Quigley will find any similar quotations to the ones he quoted there from last year's debate during the time his Government were in office, because, of course, there were never any increases given to military service pensioners during any Government's term of office, except the Fianna Fáil Government.

That is completely wrong.

A payment of 2/4d. a day to the soldiers who fought in the Congo.

He will see the reference there to the pensions increases in 1956. That was a reference to the fact that in the case of that Bill under discussion there, we were not only giving increases granted in the Budget last year but we were also giving increases which were withheld in 1956. At that time also, the Government found it necessary to increase pensions generally, but these particular pensions were excluded. However, the amount that can be given has to be decided in accordance with the financial situation and the amount the Minister for Finance was able to provide last year is being given in this Bill now. I ask the House to pass the Bill.

Question put and agreed to.
Agreed to take remaining Stages to-day.
Bill considered in Committee.
SECTION 1.
Question proposed: "That Section 1 stand part of the Bill."

I would like to ask the Minister what is the amount of money involved in this increase of five per cent.?

As I explained, there are only 25 pensioners involved, so naturally five per cent. is a small amount; £89 is involved in Connaught Rangers' pensions.

Are we to take it that this is the maximum amount the Minister for Finance can find for people who are living in necessitous and difficult circumstances? I understood that we had an expanding economy, with greater prosperity for all, and that we were not merely at the dawn but that the dawn had arrived of an era of great prosperity. The next question I would like to ask the Minister is what the average pension of the 25 people concerned is so that we should not have to undertake the mathematical calculation involved.

With regard to the amount, the Senator may take it that the Minister for Finance found it possible to grant a five per cent, increase to State pensioners generally. It so happens that that percentage, when applied to the Connaught Rangers, amounts to £89, but of course the total sum was a lot more than that. I have calculated the average pension and it would be £71 odd.

Question put and agreed to.
SECTION 2.
Question proposed: "That Section 2 stand part of the Bill".

Would the Minister indicate what is meant by a forfeited pension? No light was thrown by the explanatory memorandum on what that means. The Minister might indicate the number of pensions which were forfeited and the cost which would arise from restoring them.

As I explained in my opening remarks, a pension was forfeited under Section 16 of the 1936 Act where a pensioner was convicted of a crime and sentenced to a term of more than three months' imprisonment. I also said that no case of a Connaught Ranger pensioner in such circumstances had arisen until now, but one has arisen lately, and I am now inserting this provision in the Bill to give me the power to restore the pension in these circumstances.

Could we take it that this is a precedent for the restoration of pensions which become forfeited on people committing crimes which merit certain punishment? Would the Minister consider this in relation to other superanuation codes? I wonder whether it is desirable—it may well be—that we ought to go the whole hog and, notwithstanding the committing of crimes, say that all pensions payable out of public funds will not in future be forfeited. Legislation directed to an individual case, without any disclosure in the explanatory memorandum, is quite undesirable.

The Minister's position in this matter is that he has taken power to restore a pension forfeited by one individual out of 25, all of whom must be approaching 70 years of age. I think Senator O'Quigley is misdirecting himself if he wants to take this as an example to be generally applied. This is a separate and special case of a small number of people who are very old and therefore disappearing. I do not think this creates a precedent. If it did, it would be undesirable. It is quite clear this particular case is not a precedent in the circumstances.

As I explained, this provision exists under pension codes in all the other Acts administered by the Department of Defence. There is provision for the restoration of a pension forfeited in these circumstances by means of an order made by the Minister for Defence, with the consent of the Minister for Finance. It is not done automatically. I am satisfied this is a case in which the pension should be restored. I shall be asking the Minister for Finance to consent to the making of an order in this case.

Question put and agreed to.
Section 3 agreed to.
Title agreed to.
Bill reported without recommendation.
Agreed to take remaining Stages today.
Bill received for final consideration.
Question proposed: "That the Bill be returned to the Dáil."

I confidently anticipate a Connaught Rangers Bill, 1962, to follow this one.

If there is more money in the kitty.

The Senator must confidently expect that the Fianna Fáil Government will be here next year.

If the Minister is right, it means an increased cost of living.

Question put and agreed to.
Barr
Roinn