Seán Fleming (Laois, Fianna Fail)
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1458. To ask the Taoiseach and Minister for Defence further to parliamentary question number 634 of 28 March 2017, if he will consider reintroducing a mechanism whereby the issuing of a 1916 medal can be reexamined and make the necessary statutory amendments to facilitate the reexamination of these cases; and if he will make a statement on the matter. [19349/17]

Paul Kehoe (Wexford, Fine Gael)
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The 1916 Medal was approved by Government in 1941. It was awarded to persons who were awarded 1916 military service under the Military Service Pensions Acts, or to those who did not apply for a pension but who satisfied the Minister that they would have been awarded 1916 military service if they had applied under the Acts. In relation to the case in question, the board of assessors (comprised of senior old IRA officers and chaired by a judge) appointed under Section 3(1) of the Military Service Pensions Act 1924 (the 1924 Act), examined the application of the person in question for the purpose of making a report to the Minister for Defence as to the military service of the applicant. The board reported its findings to the Minister for Defence and on foot of that report the Minister decided on 4 January 1927 that a certificate of military service could be granted in respect the period 1 April 1920 to 30 September 1923 (including service in the National Army) but not in respect of the 1916 period. An appeal was made to the then Minister for Defence in 1928 to have the case re-opened but this appeal was unsuccessful.

In 1942 the person in question applied for a 1916 Medal but it was found that while he had a certificate of military service under the 1924 Act it did not cover the relevant period in 1916. The person in question was, however, awarded the Service Medal (1917-1921) with bar, in respect of his service.

The power given to the board of assessors in Section 3(6) of the 1924 Act to re-open any or all of their findings (as amended by Section 2 of the Military Service Pensions Act 1930) was removed by the Military Service Pensions (Amendment) Act 1949. Under the 1949 Act applications under the 1924 Act could only be re-examined where the Minister had refused to issue a certificate of military service to an applicant; however, the applicant in question was issued with such a certificate in 1927.

The matter has been examined and investigated by senior officials on a significant number of occasions on foot of representations received but in the absence of any statutory powers it is not possible, nor would I consider it appropriate, to reopen the findings of the board of assessors. The board of assessors was required under Section 3(2) of the 1924 Act to “examine all applications...make such enquiries, summon all such witnesses, and take all such evidence whether on oath or otherwise”. As the Deputy will appreciate the person in question and all members of the Old IRA and witnesses to the events of 1916 are deceased.

The approach to assessment of military service was an extremely comprehensive one with an appeals mechanism by which individual cases could be re-opened and any additional evidence provided. It would not be possible over one hundred years after the time in question, and many decades since these processes concluded, to improve on this work which is now a matter of history, although I recognise that it is very important history and of keen concern to the relations of those involved. In the circumstances, I have no plans to bring forward any legislative proposals in relation to the matter.