Gárda Síochána (Compensation) Bill, 1941—Committee and Subsequent Stages.
No. 18 of 1941 ›
I move amendment No. 1:—
To insert a new section before Section 6 as follows:—
6.—(1) Whenever an application is duly made to the Minister for compensation under this Act, the following provisions shall have effect, that is to say:—
(a) if the application is in respect of the death of a person, the Minister shall authorise the applicant to apply to the High Court in accordance with this Act for such compensation;
(b) if the application is in respect of injuries not causing death, then—
(i) in case the Minister is of opinion that such injuries are of a minor character and were sustained in the course of the performance of a duty not involving special risk, the Minister shall refuse the application,
(ii) in case the Minister is of opinion that, although such injuries are of a minor character, they were sustained in the course of the performance of a duty involving special risk and that a sum not exceeding £100 would be adequate compensation therefor, the Minister may, with the consent of the Minister for Finance, pay the applicant such sums not exceeding £100 as he thinks proper,
(iii) in any other case, the Minister shall authorise the applicant to apply to the High Court in accordance with this Act for such compensation.
(2) The Minister shall not award under this section compensation in respect of personal injuries not causing death unless he is satisfied that this Act applies to the said injuries and that the applicant for the said compensation is the person on whom the said injuries were inflicted.
(3) The decision of the Minister under this section on application to him for compensation under this Act shall be final and conclusive.
Comment on this
I move the following amendments, which are all consequential:—
In page 6, lines 46-47, to delete the words "by the Minister or" and in line 49, to delete the words "the Minister or", and in line 50 to delete the words "as the case may be".
In page 7, line 8, to delete the words "the Minister or".
In page 7, paragraph (c), to delete lines 13 to 21.
These are consequential on the Minister not having to decide any of these cases where the dependents are involved.
Comment on this
I am very sorry that the Minister has changed the attitude which he took up yesterday, because, frankly, I think the Minister has done a good deal of harm to this Bill. In my opinion, in a great number of cases, it is going to work out this way, that the Guard who is able to pull strings will have a very much better chance of getting compensation than the Guard who is not able to do so. That is the real position in which things stand.
Comment on this
I am accepting the amendment in the light of the assurance given by the Minister, which enables us to know the real purpose of the section.
Comment on this
I do not think it is fair to suggest I went away from the spirit of what I said yesterday. I promised to amend the Bill and let cases where injury was caused go to the courts. I examined the whole matter and I could not contemplate a situation such as was mentioned here where, perhaps, 20 cases a day might be going to the courts.
Comment on this
I do not think it is fair to say that I went away from any undertaking that I gave yesterday.
Question agreed to.