Douglas, James Green

Wednesday, 6 August 1941

Seanad Éireann Debate
Vol. 25 No. 23

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We may take it, then, that we are dealing with the whole problem in this Bill?More Button

Does that apply to other parts of Ireland?More Button

This is a matter in connection with which I found a certain amount of difficulty. Sub-section (2) of Section 2 says that “notwithstanding anything contained in the foregoing sub-section of this secti...More Button

Under what Act?More Button

Surely it might cause a fire.More Button

Well, I am not at all satisfied. If it is a matter of definite Government policy that such people would be compensated by means of an ex gratia payment for damage to property that was due to the acti...More Button

Has the Minister any intention of clarifying as to when we should be in a state of war? Otherwise I would make a shot of providing something myself on the Report Stage. I think it is not clear at al...More Button

Assuming the Minister is unquestionably correct—an assumption in regard to which, with every respect to him, I have some little doubt —I suggest there would be considerable difficulties, without some ...More Button

It would be very much more unsatisfactory possibly, say, in the case of a coastal town which might conceivably be destroyed while we are neutral; but if that is the policy of the Government we have no...More Button

Ground rents are payable to persons who will get no compensation as the Bill stands, while a person who loses property will be paid. If we are anxious to be equitable I say that we should provide for ...More Button

I desire to call the Minister's attention to sub-section (6). Every applicant or other person making an application to the Minister under this section shall furnish such information and particulars in...More Button

Will the Minister assure me, not only that it is the intention but that the legal practice is that it means “within a person's knowledge”. If what the Minister says is the way it would be interpreted...More Button

There is just one other point in connection with Section 4. Sub-section (7) provides that every communication from the Minister to an applicant may be sent by post. Surely the same provision should w...More Button

I am extremely disappointed with the Minister's reply and I wonder if he realises how extremely important this may be to certain people. He has already assured us that, without any change in this Bil...More Button

Would it be possible to give a reply within six months as to whether or not a person would be entitled to compensation, because I believe that will be one of the greatest difficulties? It seems to me...More Button

That is what makes it worse, when you have one added to the other.More Button

If there is any possibility of finding a practical way of settling this matter, we might leave it to the Report Stage. I should like the Minister to consider the last suggestion which I made.More Button

If necessary, it can be moved again on the Report Stage. Amendment, by leave, withdrawn.More Button

I wonder is the Minister satisfied that sub-section (2) (a) must have no limit at all? Apparently, there is no limit to the kind of conditions which the Minister can attach. It has caused uneasiness ...More Button

Does the Minister mean that he could legally include?More Button

If you take something completely absurd, you could say the person must be a freemason. Nobody imagines that would be done.More Button

My principal object was not to get at loggerheads with the Minister but that the Minister might indicate what condition, in addition to reinstatement, is specifically provided for, so that people outs...More Button

In that case there would be no objection to including it in the appeal. I can raise that later. Question put and agreed to. SECTION 6. (2) The following provisions shall apply and have effect in res...More Button

The point made by Senator Sir John Keane is one that I intended to make, that is, that the section as it stands is really futile because, if a judge is satisfied that it is an exceptional case and th...More Button

Perhaps the Minister will make more clear the other point, as to what the position of an applicant will be if he says: “I think the sum offered me by the Minister is a fair one and I am willing to ac...More Button

I shall try to have something submitted for consideration on the Report Stage, so that the Minister can deal with the matter. Amendment agreed to.More Button

I would like to support the amendment on principle, though I would be prepared to go further. I think it is wrong to rule out completely the articles mentioned in the paragraph, but at the same time ...More Button

It is pretty clear that the point of view of the Minister in relation to this is exactly opposite to mine and that his outlook on this and mine are quite different, except in regard to collections of ...More Button

They would.More Button

Perhaps Senator Brennan will tell us whether postage stamps are ordinarily excluded by insurance companies from their policies? I was informed by an insurance company that they were. That was got ove...More Button

On the section are we to take it that the Minister will consider all of (a)?More Button

That may be so, but I am rather puzzled by sub-section (2), which appears to me to refer only to compensation awarded by the court.More Button

That is just the point I wanted to raise. There is something contradictory and puzzling to me about the general conditions, and the powers that the Minister has got under sub-section (1) of the secti...More Button

Is there anything in the Bill to say that the amount of compensation will be based on the market value as distinct from reinstatement value? That is a point of very great importance in regard to insu...More Button

As far as buildings are concerned we want him to be as well off. I do not accept that he will be as well off in regard to other sections of the Bill. We also want to have something in the Bill whic...More Button

I think there is a great deal in what Senator Honan says, but it is not in the Bill. It very definitely is not there. If he will read sub-section (b) he will see perfectly plainly that that is speci...More Button

That is all we can ask for at this stage. Amendment, by leave, withdrawn. Amendment No. 9 not moved. Question proposed: “That Section 9 stand part of the Bill.”More Button

I would like to take the Minister at his own word and debate this solely on the question that he has to defend the Exchequer and that it is his duty to be just and not generous. That should be accept...More Button

He suggested that, under this amendment, there might be no limit. There is the limit of proof. I do not propose—and I do not believe Senator Miss Kennedy intended to propose—that one should not get p...More Button

We accept that.More Button

I think that is really all we are asking for. There is no desire to assist anybody in making something out of this.More Button

The words “may incur” may arise.More Button

That is not really my point. What will be the position of a man who is still liable for rent? It may arise here. There may be a difference between the man who pays rent in advance and the man who p...More Button

I think Senator Miss Kennedy is under a misapprehension in this case. She would lose, not gain, by the amendment. Where a house is rebuilt, or there is reinstatement, all painting and decoration is ...More Button

Or consult their lawyers?More Button

I was informed that what Senator Honan said was the legal position but that the practice in some areas was not to claim the full legal liability. I am convinced that, in this case, it would be almost...More Button

Is this section absolutely necessary? Is there no way by which, if a person accumulates debts to the State during this time, they should be payable over a long period? This type of Bill tries to avo...More Button

There is no instalment then. I am afraid that, if the Minister takes an instalment, he loses the lawful power he has here.More Button

Why under any conceivable circumstances should the State make a profit as between a person who has suffered damage and the foreign Government from whom he gets compensation?More Button

I think there is provision by which that could happen. My reading of the section is that the Minister may pay the difference, that it is not mandatory.More Button

Why not say so then? My attention has been drawn to this, and it seems to me to leave it optional.More Button

Public Business. - Business of Seanad.

I think the position is that when a Senator does not move a Motion it disappears, and that whatever rights he may have afterwards would have to be interpreted by the Cathaoirleach. While I sympathise...More Button

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