Michael McGrath (Cork South Central, Fianna Fail)
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214. To ask the Minister for Defence in the context of the Military Service Pensions Act 1934, if there is a distinction between active service and service; the way decisions are made to issue a certificate of active service under the Act; the way surviving family of a former activist under the Act can apply for a certificate of active service issued and to have evidence they may hold in that regard assessed by the Department (details supplied) [24715/13]

Alan Shatter (Dublin South, Fine Gael)
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The Military Service Pensions Act 1934 (the 1934 Act) provided for a Referee, assisted as required, by an Advisory Committee to investigate and report on all applications referred to them by the Minister for Defence under the Act. The findings of the Referee were final, conclusive and binding on all persons and tribunals whatsoever and could only be reopened on the ground that evidence not available prior to the making of a report by the Referee became available. The power to request the re-opening of a particular case was removed by subsequent legislation. In each case referred for investigation, the Referee reported to the Minister for Defence as to whether the applicant was or was not a person to whom the 1934 Act applied. If the applicant was a person to whom the 1934 Act applied then a "service certificate" awarded by the Minister for Defence under Section 10 of the Act (based on the Referee’s findings) would have rendered an applicant eligible for the award of a pension.

In 1938, the person in question, now deceased, submitted an application under the 1934 Act on the basis of his activities in Fianna Éireann. His application was duly investigated by the Referee and Advisory Committee. In 1941 the Referee reported to the Minister that the applicant was not a person to whom the 1934 Act applied. In such circumstances the then Minister could not issue a service certificate under the 1934 Act. In accordance with a Government decision taken in 1942, the Service (1917-1921) Medal was awarded in two classes: (a) Medal with bar to persons who were in possession of a military service certificate entitling them to a pension under the Military Service Pensions Acts in respect of active service in the period subsequent to 1916 and prior to 11 July 1921 and to those persons not in possession of a certificate who satisfied the Minister for Defence that had they applied for a pension, their service was such as would have merited the award of a pension; (b) Medal without bar to persons who were members of Óglaigh na hÉireann (Irish Republican Army) Fianna Éireann, Cumann na mBan or the Irish Citizen Army for the three months ending 11 July 1921.

The deceased person in question applied for a Service (1917-1921) Medal in August 1943 and a medal without bar was subsequently issued. The Military Service Pensions (Amendment) Act 1949, amongst other things, reopened the cases of applicants who had previously been rejected under the 1924 and 1934 Military Service Pensions Acts by allowing them to appeal against such rejections. The Military Service Pensions (Amendment) Act 1953 fixed 18 September 1953 as the latest date for appeals by way of petition under the 1949 Act. Correspondence was received on the applicant's behalf in 1954; however, no action could be taken as the closing date for petitions had passed. The Referee and Advisory Committee concluded its work in September 1958. In the circumstances, it will not be possible to further consider the issue of a service certificate under the 1934 Act in this case.