Léim ar aghaidh chuig an bpríomhábhar
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Seanad Éireann díospóireacht -
Wednesday, 15 Mar 1961

Vol. 53 No. 13

Army Pensions (Increase) Bill, 1961 ( Certified Money Bill ): Second and Subsequent Stages.

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

Is é príomh-chuspóir an Bhille éifeacht reachtúil a thabhairt do na méaduithe ar phinsin chréachta ar phinsin mhíchumais agus ar phinsin phósta agus ar liúntais áirithe do chleithiúnaithe daoine marbha a deonadh ón lú Lúnasa, 1960, amach, ar údarás, Meastacháin Bhreise le haghaidh pinsean a ritheadh i nDáil Éireann ar an 20ú Iúil, 1960.

Tríd is tríd, tá na méaduithe sin, a bhfuil tráchta déanta orthu in Alt 2 go hAlt 23 go huile, agus in Altanna 25, 26 agus 27, de réir na méaduithe le haghaidh pinsinéirí Stáit, i gcoitinne, a údaraíodh ag an Aire Airgeadais ina Ráiteas ar an gCáinaisnéis in Aibreán, 1960, ach nuair a luaitear an céad dáta cáilithe maidir le hurscaoileadh, meastar, ós dáta an lú Meán Fómhair, 1949, a ghabhann le hathrú ar phá an Airm, go bhfuil sé níos oiriúnaí ina leith sin ná an lú Samhain, 1948 — is é sin, an dáta a luadh sa Ráiteas Cáinaisnéise do phinsinéirí eile Stáit. Tá pinsinéirí oifigeach a bhfuil a bpinsin gaolmhar do phá, ag fáil méaduithe de 7½% nó do 5% (de réir an dáta urscaoilte) agus tá pinsinéirí eile faoi na hAchtanna, nach bhfuil a bpinsin gaolmhar do phá an Airm, ag fáil méadú de 7½%. Tá liúntaisí cleithiúnaigh (lena n-áirítear liúntas is iníoctha do bhaintreach Síniúir Forógra 1916) á méadú, i gcoitinne, de 7½% comh maith, ach beidh an ráta méaduithe de 5% i bhfeidhm i gcás liúntais is iníoctha de dhreifiúracha agus leanaí Síniúir Forógra 1916 agus i gcás liúntais is iníoctha faoi Cuid II d'Acht 1953 do ghaolta fir a thug seirbhís réamh-Shosa agus atá marbh; de bhrí gur socruíodh rátaí bunaidh na liúntas seo i ndiaidh an chéad dáta cinnteach, 1 Samhain, 1948, a luadh san Ráiteas ar an gCáinaisnéis. Meastar go gcosnóidh na méaduithe seo, go léir, £17,102 in aghaidh na bliana.

Luadh san Ráiteas ar an gCáinaisnéis go raibh sé i gceist suim bhreise de £30,000 a chur ar fáil lena méadófaí liúntaisí speisialta is iníoctha faoi na hAchtanna de dhaoine ag a bhfuil pinsin as míchumas is inchurtha i leith seirbhís réamh-Shosa, dóibh siúd atá i dteidil pinsean faoi Achtanna na bPinsean Seirbhíse Míleata nó na hAchtanna um na Connaught Rangers (Pinsin) agus do dhaoine ag a bhfuil boinn i leith seirbhíse le heagraíochtaí áirithe nó mar chomhaltaí díobhtha sin. Taréis breithniú mionchruinn a dhéanamh ar an gceist, beartaíodh suim bhreise gar do £75,000 sa bhliain a chaitheamh d'fhonn liúntaisí speisialta a mhéadú, in áit an £30,000 a bhí i gceist. Beidh éifeacht ag na méaduithe sin ón 6ú Eanáir, 1961, i leith — 'sé seo dáta tosnuithe na bPinsean nua Sean-Aoise (Ranníocach) faoi na hAchtanna Leasa Shóisialaigh — agus meastar go gcosnóidh na méaduithe £11,000 sa bhliain reatha.

Tugann Alt 24 den Bhille éifeacht dona méaduithe atá beartaithe sna "suimeanna bliantúla iomchuí". Méaduítear iad de £13 sa bhliain, ach, i gcás nach bhfuil pinsean sean-aoise ranníocach iníochtha le duine pósta in aois 70 nó ós a chionn agus nach bhfuil pinsean sean-aoise ar bith nó pinsean dalla ag a chéile, sé £36 10s. sa bhliain ráta an mhéadú. Cómh maith leis seo, tá £1 6s. sa bhreis le haghaidh gach pháiste ináirithe.

Sé cuspóir atá aga na méaduithe do dhaoine in aois 70 mbliain nó ós a chionn — cómh maith le measú mar mhaoin na bPinsean sean-aoise — go mbéadh, ag pinsinéirí sean-aoise, idir pinsean (nó pinsin) sean-aoise, maoin eile in-mheasúnaithe agus liúntas speisialta suim gar do £4 sa tseachtain i gcás daoine pósta agus £3 2s. 6d. sa tseachtain i gcás na ndaoine neamhphósta.

Tá súil agam go bhfaighidh Seanadóirí sa ghearr-chuntas seo ar théarmaí an Bhille, léargas ginerálta ar a bhfuil sa Bhille ar fad.

The main object of this Bill is to give statutory effect to the increases in wound, disability and married pensions and in certain allowances to dependants of deceased persons which were granted from 1st August, 1960, on the authority of a Supplementary Estimate for pensions passed in Dáil Éireann on 20th July, 1960.

The increases, which are dealt with in Sections 2 to 23 inclusive, 25, 26 and 27, are broadly in accordance with the increases for State pensioners, generally, authorised by the Minister for Finance in his Budget Statement in April, 1960, except that where the first qualifying date of discharge is mentioned, 1st September, 1949, being a date associated with an Army pay change, is considered to be more appropriate than 1st November, 1948, the date mentioned in the Budget Statement for other State pensioners. Officer pensioners whose pensions are related to pay are receiving 7½% or 5% increases, depending on date of discharge, and other pensioners under the Acts, whose pensions are not related to Army pay are receiving an increase of 7½%. Dependants' allowances, including that payable to the widow of a Signatory of the 1916 Proclamation are, generally, being increased by 7½% also, but the allowances payable to the sisters and children of Signatories as well as those payable under Part II of the Act of 1953 to relatives of deceased pre-Truce servicemen qualify for the lower rate of increases (5%) because the basic rates of these allowances were fixed after the first critical date, 1st November, 1948, mentioned in the Budget Statement. The estimated annual cost of these increases is £17,102.

Reference was made in the Budget Statement to the proposed allocation of a further sum of approximately £30,000 to increasing special allowances payable under the Acts to persons in receipt of pensions for disablement attributable to pre-Truce service, to persons eligible for pensions under the Military Service Pensions Acts or the Connaught Rangers (Pensions) Acts and to holders of medals in respect of service with, or membership of, certain organisations. Following detailed consideration of the position it has been decided to allocate approximately £75,000 a year, instead of the £30,000 originally envisaged, to the improvement of special allowances. These improvements will take effect from 6th January, 1961, which is also the date of commencement for the new old age (contributory) pensions under the Social Welfare Acts and the cost of the increases expected to fall as a charge on the current year's Vote is estimated at £11,000.

Section 24 of the Bill provides for the increase of the "appropriate annual sums". These now become higher by £13 per annum except in the case where an old age contributory pension is not payable to a married man or woman of seventy years or over and such person's spouse is not in receipt of an old age, contributory or non-contributory, pension or a blind pension when the rate of increase is £36.10.0 per annum. As well, there is an increase of £1.6.0 a year for each reckonable child.

The effect of the increases in the case of persons of seventy years and over, taken in conjunction with the assessment as means of old age pensions is that an old age pensioner should have by way of old age pension or pensions, other assessable means and special allowance combined a sum of £4 a week approximately if married and £3.2.6 a week if single.

I trust that this précis of the terms of the Bill will have furnished Senators with an outline of what is contained in the measure.

I would like to say that the Minister is not entirely right when he says that the previous Government gave no rise at all. In 1950, Deputy McGilligan gave an increase to the existing pensioners and I should be extremely glad if the Minister would take pattern from the method by which he did that, that is, by bringing existing pensioners to the level of the general Army rates. We hope, however, that he will eventually do that. He is looking at me somewhat quizzically. I hope he understands.

In 1950, Deputy McGilligan brought pensioners who were out prior to 1946 all to the same level.

The Senator, I think, is referring to the Defence Forces Scheme but we are dealing with Army pensions, that is, wound and disability pensions. Senator Carton is referring to scheme pensions.

That is so, but still it is applicable and the Minister might keep it in mind.

This is a Bill to give authority to what has been done since August. I welcome the measure and pay a tribute to the Minister because he has given this increase, but I have just one small comment. I understand that the Minister will come into the Seanad on Army pay and pensions generally long before 1962, when he will probably not be here, please God.

Please God, he will.

You know you are one I would like to see out and I will do all in my power to get you out.

Get Captain Peadar Cowan after you.

That is unfair to the gallant captain. I would like to comment on just one point and leave it to the House to think along those lines. I think it proper to make a short reference to what the State considers sufficient to keep a totally disabled man in 1961: £2 11s. per week. I do not think that any person in this or in the other House could possibly imagine that a totally incapacitated man could live on £2 11s. per week. It may be that the Minister has not got the finance to give him £11 2s. but that does not take from the fact that it is fair comment to say that that is unfair to the private soldier. It is in the Fourth Schedule to the Bill: group one, 100 per cent. disability, 51/-. That is, to my mind, a small amount of money.

The last time the Minister graced the House with his presence, he made on his way out a sort of promise that he would continue his annual increase of five or seven per cent. in pensions in each of the remaining years he was in office. I sincerely hope that he will do the same this year and I hope we are here to give it next year. Any time you give an increase in disability, would, Army or Old I.R.A. pensions you will never find a soul in this or the other House to disagree. Even if it is the smallest of microscopically small mercies, we accept it with pleasure.

I should like to join with Senator Carton in hoping that the Minister will be here next year to bring in further increases. As many Senators said, it is a pity that these increases are so small each time. It would be far more satisfactory for all of us if we could have a decent increase once in a while. However, if they come often enough, we may not have so much to grumble about. I should like to make it known to the Minister and to any other Minister who may be here at any time in the future that there will always be members in this House who will do their utmost to ensure that increases will come often. There will be no objection to them. I have never seen any member of this or the other House objecting at any time to any such increases and, for that reason, I believe the Government should try to be more generous, but such as the increases are, we are grateful for them indeed.

I am disappointed that there are not in the Bill a few things I think should be in it. Increases in disability pensions are mentioned. We had a long debate here last year on increases in disability pensions and, among those increases, there was one which meant the abolition of the marriage ban, that is, an extension of the marriage date. At that time, we were informed that if the requests made here and in the other House were acceded to, it would cost £20,000 or £30,000. I was very disappointed to find that when the marriage date was extended, it applied only to pensioners with 80 to 100 per cent. disability and no consideration was given under that heading to such pensioners with less than 80 per cent. disability. I think that is wrong and I appeal to the Minister to have the matter rectified at the earliest possible date.

There is another matter which, I think, governs the request I have made. There are men who got final disability pensions many years ago. When they were young men, they did not feel their wounds would be worse than they were at the time. These men who were pleased to get what was called at that time a final pension, did not know what it meant at that time. The young man suffering from the effects of a wound or a disease felt he was going to be here a good while yet and it would be worth something to him. As the years went on and that man grew older, he felt himself becoming worse and worse. The man who had only a 50, 60 or 70 per cent. disability 25 years ago is almost 100 per cent. disabled now. Unfortunately, under the law there is no way in which the Minister can reopen that final pension and reassess that man's disablement. That is wrong. I think the State defrauded, if you like, that man when they gave him a final pension and said: "We have no more responsibility for you. You get so much a week and we are through with you." When he got worse, he had no remedy.

There are people who did not accept the final pension at the time. As they grow older and their disability becomes greater, the pension is increased automatically, but the man who got a final pension is finished, as far as any increase is concerned. It does not matter how much his disablement or disability increases, he will not get any higher pension. I think the Minister should take special note of that.

There should be some machinery in the Department for reopening final disability pensions where there is no doubt that the man or woman has now much more than a 25 per cent., 30 per cent. or 50 per cent. disablement. I am very insistent on this matter and I hope to raise it every time Army pensions are mentioned here until it is adjusted. The Minister may reply that a man is given 10 years in which to show that the disability has increased but 10 years is not much to a young man. It is a lot to a man who is much older. That 10 years period in all cases expired long ago and there is no machinery whereby these cases can be reopened.

We must welcome, of course, the increase in the appropriate sum of the special allowance but I regret very much that it was not made more simple than that shown in the statement. It will be difficult for the ordinary man to reckon his appropriate sum now. There are various methods of assessing it, for instance, with regard to the contributory old age pension. I think there should be a flat rate. While it would be helpful in some cases, I feel there are persons in the country now who will actually lose the special allowance awarded them under this system. It will be very hard to explain that.

I noticed that in reply to a question in the Dáil a few weeks ago, the Minister said that the contributory old age pension would not be likely to make any difference to any person in receipt of a special allowance. It had made no difference up to this but whatever the words were, they conveyed to me, anyway, that there would not be any difference. But now I notice in this Bill that it will make a lot of difference to some people because they will lose the special allowance altogether, whereas others will benefit.

I welcome of course the increase in the appropriate annual sum. That will do a lot of good but I find it very hard to explain to any person who may ask me why So-and-So will lose the special allowance because his wife is getting something under the contributory old age pension scheme. I should like to know what the actual cost was of the amendment extending the marriage date. I forgot to mention that at the outset when we were told that it would cost £20,000 or £30,000. I should like to know what the actual cost was and I hope the Minister will answer my question when he replies.

With regard to the special allowance, I think some consideration should be given, whether by amendment of this Bill or in another Bill, to widows of men who died when they are drawing the special allowance and have no other means of existence. A man gets a special allowance because he has no other means. When he dies, his widow is completely stranded because the special allowance dies with him. I think she should get some consideration because she is his wife. Where the sole means of a married couple is the special allowance, some consideration should be given to the widow.

People who are in receipt of a special allowance, too, cannot afford to spare money out of it when the ceiling is £4 a week for a man and wife. They cannot be expected to save anything out of that. Sometimes, when an old I.R.A. man dies, the widow cannot be expected to have made any savings out of the £4 a week to help bury her husband. There should be some fund set up in the Department of Defence which could be called upon to contribute towards the burial expenses in necessitous cases. My experience tells me that such a thing is very necessary, especially now when there is a ceiling of £4 per week and we cannot expect them to save. I had many queries from people asking if there was any help to be got anywhere towards burial expenses. I think it no harm to mention at this stage that even though the Minister came last year and this year with an increase, if he came next month with an increase for military service pensions, he will be very welcome.

I should like to join with the other speakers in asking for a bigger percentage than 5 per cent. or 7½ per cent. for these men. I am alarmed at the moment at the number of people in receipt of special allowance whose claims are being investigated by social welfare officers and who have had their allowances cut off. This appears to be very marked at the present moment and I would ask the Minister to take a special note of it and to see where the instructions are going to these officers to come down on these people who are mostly advanced in years now and not in a position to earn their living. I think also that pensioners who are in receipt of under £100 per annum should get special treatment and that they should not be treated to a five per cent. or a 7½ per cent. increase. We know what £2 a week means at the moment but there are several men who gave good service and who are in receipt of pensions as low as £20 or £30 a year. I think the time has come when they should get a substantial increase. I would also ask the Minister to look into the case of the widows and to treat it sympathetically.

Tá fáilte agam-sa roimh an mBille seo mar go bhfuil foláireamh ann chun méaduithe a thabhairt d'aicmí áirithe daoine go bhfuil a leithéid ag teastáil uatha. Táthar ag gearán anseo ná fuil an méid atá á thabhairt mór go leor. Is fuiriste é sin a rá dar ndóigh, ach caithfimíd cuimhneamh ar an méid eile daoine go bhfuil méaduithe le tabhairt dóibh chomh maith. Go deimhin, bheinn-se i bhfábhar níos mó a thabhairt do na daoine atá i gceist dá mb'fhéidir é.

Bhí cuid dena na Seanadóirí thall á rá go bhfuil an tAire ag teacht isteach ró mhinic le méaduithe beaga, ach níl aon locht le fáil agam air sin más méaduithe in aon chor iad. Ba mheasa an scéal againn i bhfad dá mba chun na bpinsean san a laghdú a tháinig an tAire isteach, nó dá mba rud é nár tháinig sé isteach in aon chor.

Dhein an Seanadóir T. Ó Súilleabháin tagairt d'allúntaisí speisialta, agus tá rún agam-sa an rud céanna a dhéanamh. Is mar gheall ar ná fuil na daoine atá i gceist go maith as sa tsaol a tugadh nó a tugtar an t-allúntas sin dóibh, ach ansin nuair a shroiseann said aois an phinsin sean-aoise baintear an tarna allúntas de chuid acu go bhfuil pinsean de shaghas áirithe acu, nó laghdaítear é ach go háirithe. Ní dóigh liom gur ceart é sin in aon chor agus ba mhaith liom go ndéanfadh an tAire athmhachnamh ar an gceist sin. Ní dóigh liom gur cóir an tarna allúntas atá á fháil acu a chur san áireamh in aon chor. B'fhéidir áfach gur ceist airgid é sin—ná fuil go leor airgid ag an Aire. Má sea, b'fhéidir go mbeadh sé aige uair éigin eile.

Mar adúras i dtosach, dá mhinicí á thagann an tAire isteach cughainn sea is fearr é. Béidh failte is fiche roimis.

It is a measure of the dissatisfaction with, and justification for the criticism of these Bills by the Opposition that Senator Ted O'Sullivan and Senator Ó Ciosáin have addressed the House in the detail in which they have spoken and have voiced the complaints made in relation to this Bill. A major criticism of the way in which the Minister has introduced this Bill is that he has given us to adequate information upon which to form a judgment as to what view we should take on these measures. I take it that these Bills are designed to increase the pensions of people entitled to pensions for military or Army service, or whatever service they are associated with, for either the freedom of this country or its defence. The Minister issues a Bill consisting of 15 pages with 29 sections, the only explanation given to the Oireachtas being contained in an explanatory memorandum of these dimensions. I want to say to the Minister that that is not good enough. That is not the way in which to treat members of the Oireachtas. I deprecate that this has been done on this occasion and I hope it will be the last occasion on which we shall see a scanty memorandum coming from the Minister's Department.

Why does the Senator not read the Bill?

I had occasion this afternoon to comment in another case on the helpful memorandum supplied by the Minister for Health on the Mental Treatment Bill and I have done so in relation to other explanatory memoranda in relation to other Bills. I repeat, if I am not out of order, that I deprecate that we should be treated to this kind of memorandum. It shows scant courtesy to the members of this House.

It was fairly evident to me listening to the debate that very few people in this House actually know what is contained in this Bill or what it is intended to do. I have been looking at the Book of Estimates for Public Services and, at page 285, I find there are three codes of pensions administered by the Department of Defence. The first is a military pension code; the second is Defence Forces pension schemes, 1937 to 1960; and the third is the Pension Acts, 1952 to 1960, which are the Mac-Swiney Act, the Connaught Rangers Act and the other Acts which the Minister's Department administers. Then the Minister brings us in this kind of memorandum and expects us to distinguish between these various codes. I trust I have said enough to bring home to the Minister that that will not do and that in future, in a case like this, the Minister will not get all Stages on the same night and that we will take time to examine in detail the sections referring to the various Acts from 1952 to 1960.

Is the Senator making a threat to obstruct business?

I am not making any threat to obstruct business. The Leader of the House misconceives my position.

As long as the Senator is not making a threat, it is all right.

The Leader of the House is in constant fear of imaginary threats.

I am not afraid of anybody in this House—you or anybody else.

All I want to say is that when we are constituted as a House of the Oireachtas to examine legislation, I refuse to be blindfolded and to pass legislation or give my assent to it or to associate with a resolution which I am not given an opportunity of understanding. I hope these words are clear and explicit and will be borne in mind by the Minister's successor who will probably have the job of introducing a Military Service Pensions Bill.

I am sure the Senator is an excellent student and can read a Bill for himself without any help, as he has read a certain other Bill.

We will proceed from there after these jocular interjections by the Leader of the House. The Minister comes in and speaks about the increases and about the money available to the Minister for Finance. I have had a look at the Estimates for the Public Services, Estimate 48, and I find that the probable additional charges for pensions under subhead B for 1961/62 will be £3,129, and then I find that the estimated saving in respect of the cessation of the pensions is £5,444, so it seems that under this code of legislation, the Army Pensions Acts, so far from any increase being given, by reason of the cessation of pensions, there is to be a net saving under that subhead to the Minister for Finance.

I should like to ask the Minister in relation to Section 6 who are the people covered by the Third Schedule to the Act of 1923. There are certain people who are to get increases which it takes an Act of Parliament to give them of ninepence per week—from 9/3 to 10/-and of sixpence per week, from 6/3 to 6/9. These people should surely ask the Minister for Defence whether his journey was really necessary.

Senator Ted O'Sullivan has made certain criticisms of the way in which the law is at present devised for people who are getting old. The criticism is well justified, and as a people we tend not to treat our old people in the way that Christian charity and a decent standard of living for old people demands. It is not to be found in our social welfare legislation, in our income tax legislation and apparently in these army pensions statutes. I entirely support Senator Ted O'Sullivan, who must have made no progress in private conversations or representations to the Minister for Defence when he found himself compelled to speak from the front bench of his own Party on that. I entirely support the notion that where people get old and become more incapacitated or their disability increases by reason of the onset of old age, they should get increases in pensions, not related merely to the increase in the cost of living but based on that decreased capacity.

I am also concerned about the position of people who, as Senator J. L. O'Sullivan has mentioned, are having their means investigated and reinvestigated by officers of the Minister. I gathered from the Senator that it was social welfare officers who have been deputed to carry out this investigation. I do not know whether that is so, but the complaint made to me is that the standards applied by social welfare officers as they are required to apply them under the Social Welfare legislation in determining the means of people is not being applied to people entitled to pensions under the Army Pensions (Increases) legislation, and that if a person happens to be in receipt of a gratuitous service or is being kept gratuitously by some relation, that gratuitous maintenance is assessed at a particular sum, say, £2 per week, and that sum is deducted from the pensions which the person gets.

It is not.

That is my information.

The pensions are not subject to means test.

These pensions are.

I am quite prepared to concede to the Minister that I may be speaking on the wrong Bill because we have been misled by this scanty memorandum issued by the Minister's Department, but if that be the case, the administration ought to be changed, and it does not require an Act of Parliament. However, I was ever one to abide by Standing Orders and to speak on what is relevant, but it appears I may not be speaking on a matter which, I am reliably informed, falls to be dealt with under this Bill.

I do not want to mislead the Senator, but he is confusing what are called special allowances with pensions. These are different things completely and there is no means test with regard to special allowances.

And they are payable under this code?

Yes, they are.

As far as I am concerned, it can be pension or special allowances; it is money into the pocket of the person entitled to it; and when it comes to assessing the means of the people entitled to special allowances— I am very grateful to the Minister for making me relevant on this matter — I am informed that gratuitous maintenance to which the recipient has no right or claim and which may cease at any time is taken into consideration, and that that is not done and may not be done under the Social Welfare Act in determining the means of a person applying for an old age pension. If we are to give pensions to people who have given service to this country, we ought not to treat them in this most miserably parsimonious way. I would urge the Minister to revise the instructions he has issued to his officers in that regard.

There are two things which must be said to keep the record straight. One, as far as my recollection goes, neither of the Governments which Senator O'Quigley supported during the disastrous period in which they were in office gave any increase to the people concerned in this Bill. Secondly, as far as I know, it is not an obligation on any Minister to circulate any memorandum. It is circulated out of courtesy to members of this House and of the other House to help them to appreciate the technical difficulties of a Bill, but it is not obligatory and was not done some years ago. It is a very good practice of which I thoroughly approve. It saves Senators a lot of trouble and research.

It helps Ministers, too, of course.

I want to say that there is very little in this Bill to recommend it or to congratulate the Minister or the Government on, but I suppose people must be thankful for small mercies. Senator Ted O'Sullivan said that it was a pity the increases were so small. He also said that the Government should have been more generous with the money. It is a pity he should not have mentioned these things before now, because I want to say that I disagree entirely with the policy of a Government that comes in to give an extra £10 per week, for example, to a High Court Judge who already has £4,900 a year, or almost £100 per week, and then has the audacity to come in and offer pensioners under this Bill 6d or 9d. per week.

Senator Ó Maoláin attacked Senator O'Quigley and said that the previous Government did not give certain increases to these people. The previous Government did not deliberately increase the cost of living as the present Government did.

That has nothing whatever to do with what I said.

Do not be, as usual, interrupting Senator L'Estrange.

This Bill is supposed to mitigate the hardship caused by increases in prices. These people are much worse now than they were in 1956, and Senator Ó Maoláin knows it as well as I do.

I submit that has nothing to do with this Bill.

On a point of order, is it in order for the Leader of the House to keep on interrupting everything said by Senator L'Estrange?

That is not a point of order.

The Government seem to have a wrong sense of values altogether and their aim seems to be to make the rich richer and the poor poorer. I entirely agree with Senator Ted O'Sullivan when he said it was a pity the Government could not be more generous and find sufficient money to keep these people as far as possible immune from hunger and want. If they can find £10 million pounds for jet planes, that sum could be better spent in giving bigger increases. Instead of 6d. or 9d. per week, we could give 5/- or 6/- or 9/-a week.

When the jets make a profit, you will ask why the Government did not buy 10 instead of three.

Do not forecast what Senator L'Estrange will say. It is a very dangerous occupation.

(Interruptions).

Senators will have to stop this cross-talk across the floor of the House.

The worst example in this House is that given by the Leader. He cannot be the Leader of the House and, at the same time, the leader of interruptions in the House. It just will not work.

I resent that statement of Senator Hayes. I do not interrupt.

Read the reports.

Fianna Fáil remind me of the Russian people at the United Nations who boast about democracy.

Senator L'Estrange, on the Bill.

I think I am speaking on the Bill most of the time. These people who helped to build up this State, I am sure, expected better in their old age. They are getting a 5% increase now and got a 6% increase last year, but no mathematician can deny that if the cost of the loaf has gone up by 7d. and the cost of butter by another 7d., and flour from 4/- to 8/- per stone, this is an increase of 25% in the price of essential commodities these old people have to buy. If a person is poor and living on a small pension, the only things he has to eat three or four times a day are bread, butter, tea and sugar.

People will tell you that they have tried to do something for these pensioners, but they are the people who deliberately increased the cost of living on those people to the point at which it stands to-day. The pension increase this year and that of last lear, amounting to 11% altogether, does not offset the increase of 25 per cent. in the cost of living for these unfortunate people. These people who gave service to the State and helped to build it retired on pensions in circumstances in which the cost of living was much lower than it is to-day. They looked forward to security in their old age. Now it cannot be denied that hardships exist and in many cases very severe hardship. The Government and the Leader of the House are doing very little in this Bill to give these people who helped to build up this State security, justice or fair play.

Senator Carton mentioned people in the Fourth Schedule who are one hundred per cent. disabled and are getting £2-11-0d. per week. That is not the current rate for anybody who goes out now. The current rate is £3-17-6d. If Senator Carton will look at the Schedule, he will see that the pensions are graded from private to sergeant major. That was the position under the 1927 Act, and it applies only to the very small number of people who were discharged before 1924. The current rate is a flat rate of £3-17-6d.

It is a pity that that was not embodied in this Schedule rather than this antediluvian thing.

The position is that anybody who finds himself in this position gets £3 17s. 6d. — any noncommissioned rank. It is a flat rate for any rank.

Incidentally, a memorandum could have been very helpful on this, too.

I may as well deal now with that question of the memorandum. I would be the last to deny that this pensions legislation is very confusing and hard to understand. It is also very hard to explain the whole pensions code in an explanatory memorandum, particularly in connection with a Bill which is doing no more than giving percentage increases all round on pensions already in existence, and I think that any such explanatory memorandum which I would attempt to give out would be just as confusing as if Senators were provided with copies of the Acts and amendments as they exist. Most Senators who are in touch with the people concerned, the people who are in receipt of these wound or disability pensions, have a fair idea of what the Acts provide, but I suppose there are comparatively few who thoroughly understand them. To give anything more than is given would be very difficult and, indeed, I doubt if it would be of any great assistance.

With regard to the appropriate annual sum for pensions, it was found possible to allot £75,000 to increase them and my problem was to distribute that sum to the best advantage. It is true that some people who have qualified for the new contributory old age pension, and particularly those who have also qualified for a supplementary allowance for a dependant spouse, will fall to have their special allowances reduced, but the total sum available to them by way of old age pension and special allowances will be considerably more than it was previously.

I take the case in point of a married man who, prior to this, was in receipt of special allowances, plus a non-contributory old age pension of £1.8. 6d. Now he qualifies for a contributory pension of £2 and an allowance of 1.8. 6d. in respect of his wife, that is, a contributory old age pension of £3.8. 6d. In such a case, the special allowances will be reduced by such an amount as will bring his total income to £4, but there is a considerable improvement in his means, although the special allowance, taken by itself, is reduced.

By doing that, we have been able to use the money to somewhat better advantage, to use the £75,000 available to me to give higher increases to people with no means and, in particular, to people who did not qualify for contributory old age pensions and were still dependent on non-contributory pensions. In their case, the annual sum can increase by as much as £36. 10. 0d., while the general increase is £13.

Senator Ted O'Sullivan referred to final disability pensioners whose pensions do not carry a married element and which therefore do not provide for an allowance for the widow, if the pensioner dies of the pensionable disease. I explained the last time I was here how these final disability pensions came to be granted. Disability pensions were payable in respect of disability of 80 per cent. or over and when the disability fell below 80 per cent., the pensions ceased to be payable. These people who have accepted final disability pensions were people whose pensionable disability fell below the minimum 80 per cent. Then they ceased to be eligible for pensions.

A case was made for them that they should be granted some comparatively small amount to enable them to provide themselves with medical necessaries to keep their disability from increasing again. They, of their own volition, decided to accept this in final settlement and to deprive themselves of the full disability pension, if their disability increased. It is true that they took a gamble on not becoming not disabled and as a result they may for a number of years have drawn final disability pensions when they would not normally be entitled to any pension at all. You cannot very well expect them to have the best of both worlds, to draw the final disability pension, while their disability is below the minimum, and then if they go above it, to go back on the old rate. In that case, the people who did opt for a final disability pension would obviously be at a disadvantage, because for a number of years, they might not have drawn any pension but would qualify for one if their disability went back over 80 per cent. They would have forfeited in the meantime the final disability pension.

Senator Ted O'Sullivan also asked me what has been the cost of the extension of the marriage date from 1953 to date. Cases already decided cost something over £10,000 a year but all the cases have not yet been decided and it may be something more than that.

It is true that in assessment of means for special allowances, free maintenance provided to an applicant is assessed, but it is assessed only in the case where it is held that there is no hardship on the person providing that free maintenance. If the person maintaining the applicant is not in very good circumstances himself, there is provision for disregarding the maintenance in the assessment of the applicant's means for special allowances.

I do not think any other relevant point was made. I suppose, as Senator L'Estrange has left——

An Leas-Chathaoirleach

Tá sé imithe.

I will not bother replying to his irrelevant remarks.

Question put and agreed to.
Bill considered in Committee.
Sections 1 and 2 agreed to.
SECTION 3.
Question proposed: "That Section 3 stand part of the Bill."

I should like to interject that I do not know precisely what point Senator Ted O'Sullivan made when he was addressing the Chair. In his contribution, he referred to the possible creation of a fund in the Department of Defence from which amounts could be allocated from time to time to recipients of small pensions. I can fully appreciate what he means by that because he has been one of the greatest protagonists and workers for these men for many years, but I feel that if such a fund were ever contemplated by the Minister, it would smack of charity and, if it were contemplated, it would be sufficient evidence for the Minister himself of the need to increase pensions further, rather than create a fund which would be, in essence, a charity and which would be repugnant to any old soldier or any Old I.R.A. man I have ever met.

I think Senator Ted O'Sullivan was referring to the question of burial. The burial and funeral expenses are so heavy that some resources, apart from those under the Pensions Acts and allowances, should be made available from top level.

I did not mean to be critical of Senator Ted O'Sullivan. I did not get the burial end of it. I would agree with that point.

Question put and agreed to.
SECTION 4.
Question proposed: "That Section 4 stand part of the Bill."

I would raise a point on the general tenor on each of these sections which is to amend some previous Act and suggest that it would be much simpler when it is found necessary to raise Army rates of pay and wages automatically to raise Pension and disability rates by the same amount. A lot of time and paper is wasted by not linking the two.

I hope to be able to do that with regard to the Defence Forces Pensions Schemes, which deal with the pensions payable in respect of Army service. Certainly, I can see the desirability of doing it just as well as anybody else. These are in a different category. These are different Acts brought in to provide wound and disability pensions and which have no direct reference to Army service.

Nevertheless, I am delighted Senator Sheehy Skeffington said that. I should like to bring the Minister along those lines over the years ahead.

The fact that they are not related to Army service is irrelevant. The factor that brings about a situation where they are increased has nothing to do with Army service but the cost of living. These people are affected by it just as much as the serving soldier.

The Senator's first point was that he would like me to arrange so that when Army pay was increased, pensions would automatically increase.

I wanted to explain that the pensions, which are related to Army service and arise from Army service are under the Defence Forces Schemes. The Senator's suggestion would be very good in respect of those pensions. I should also like to have some more simple way of presenting proposals for increasing these pensions granted under the Army Pensions Acts which are wound and disability pensions, but there would appear to be very great legal difficulties in the way of consolidating all these.

Question put and agreed to.
Sections 5 to 29, inclusive, put and agreed to.
First to Sixth Schedules, inclusive, agreed to.
Title agreed to.
Bill reported without recommendation.
Agreed to take remaining Stages to-day.
Bill received for final consideration and ordered to be returned to the Dáil.
Barr
Roinn