Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I will again outline the purpose of the legislation as it was put together. The underlying objective of section 13(2) is to prevent double compensation in respect of the same disablement. That is what it is specifically trying to do. Compensation of the kind in question would usually result from a civil action for damages against the Department of Defence but compensation received from any other source is, of course, not excluded. If somebody takes a civil case against the Department for injuries or disablement linked to their time in the Defence Forces, that is factored in in the context of compensation they may have been previously granted as part of a pension entitlement. This provision is about trying to ensure there is not double compensation as a result of that. That is the purpose of the section. I understand the point the Deputy is making and that is why extenuating circumstances or individual circumstances linked to cases can be taken into account by the Minister when he or she has to make a final decision on the back of the actuarial recommendation and calculation that comes to his or her desk.

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