HC Deb 30 November 1911 vol 32 cc774-83

This Part of this Act, in its application to Ireland, shall be subject to the following modifications:—

  1. (1) For the purpose of carrying this Part of this Act into effect in Ireland there shall be constituted, as soon as may be after the passing of this Act, Commissioners for Ireland (to be called the Irish Insurance Commissioners), with a central office in Dublin, and with such branch offices in Ireland as the Treasury may think fit, and the Irish Insurance Commissioners shall be appointed by the Treasury, and may appoint such officers, inspectors, referees, and servants for the purposes aforesaid as the Irish Insurance Commissioners, subject to the approval of the Treasury, may determine, and the provisions of this Part of this Act with respect to the payment of the salaries and remuneration of the Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them, and with respect to the payment of the expenses incurred by the Treasury or the Insurance Commissioners in carrying this Part of this Act into effect shall, with the necessary modifications, apply to the payment of the salaries and remuneration of the Irish Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them and to the payment of expenses incurred by the Treasury or the Irish Insurance Commissioners in carrying this Part of this 775 Act into effect in Ireland, and for the purpose aforesaid the Irish Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them shall respectively have all the like powers and duties as are by the foregoing provisions of this Act conferred and imposed on the Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them, and references to those provisions to the Insurance Commissioners shall be construed as references to the Irish Insurance Commissioners.
  2. (2) All sums received in respect of contributions in Ireland under this Part of this Act and all sums paid Out of moneys provided by Parliament in respect of benefits under this Part of this Act which are administered in Ireland, and the expenses of administration of such benefits shall be paid into a fund to be called the Irish National Health Insurance Fund under the control and management of the Irish Insurance Commissioners, and the sums required to meet expenditure properly incurred by approved societies and local health committees for the purposes of the benefits administered by them in Ireland, and the administration of such benefits shall be paid out of that fund and the foregoing provisions of this Act with respect to the National Health Insurance Fund shall with the necessary modifications apply to the Irish National Health Insurance Fund accordingly:
  3. (3) Joint regulations to be made by the Insurance Commissioners and the Irish Insurance Commissioners with the approval of the Treasury shall provide for the preparation on a uniform basis of the tables to be prepared by the respective Commissioners, and for the making of all necessary adjustments and settlements of accounts in cases of insured persons removing from Great Britain to Ireland or from Ireland to Great Britain, both as between the National Insurance Fund and the Irish National Insurance Fund and as between approved societies and branches and otherwise in respect of such cases, and for the transfer of sums from one fund or account to another:
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  5. (4) The provisions of this Part of this Act conferring a right to exemption shall extend to any person employed in harvesting or other agricultural work who proves—
    1. (a) that he is an Irish migratory labourer, that is to say, a person who, having a permanent home at some place in Ireland, has temporarily removed to some other place in Ireland or to Great Britain for the purpose of obtaining such employment; and
    2. (b) that he ordinarily resides at such permanent home for not less than twenty-six weeks in the year and is not employed within the meaning of this Part of this Act whilst so resident;

and any contributions payable by the employer of a person holding a certificate of exemption by virtue of this provision shall be carried by the Irish Insurance Commissioners to such special account and dealt with in such manner as may be prescribed, and if paid in Great Britain shall be transferred to the Irish Insurance Commissioners for that purpose:

(5) Employment in Ireland as an outworker in a class of work specified in any special order made under Part VI. of the Factory and Workshop Act, 1901, where the wages or other remuneration derived from the employment are not the principal means of livelihood of the person employed, shall be deemed to be included amongst the excepted employments specified in Part II. of the First Schedule to this Act:

(6) The reference to the Lord Chancellor shall be construed as a reference to the Lord Chancellor of Ireland;

The reference to the Lord Chief Justice shall, as respects disputes or questions arising between the Insurance Commissioners and any approved society having its head office or principal place of business in Ireland, be construed as a reference to the Lord Chief Justice of Ireland;

The reference to the Local Government Board as regards the making of regulations with respect to payments out of the Local Taxation Account shall be construed as a reference to the Lord Lieutenant, and other references to the Local Government Board shall be construed as references to the Local Government Board for Ireland, and the reference to the Local Taxation Account shall be construed as a reference to the Local Taxation (Ireland) Account:

(7) A reference to the Housing of the Working Classes (Ireland) Acts, 1890 to 1908, shall be substituted for the reference to the Housing of the Working Classes Acts, 1890 to 1909, and a reference to the Public Health (Ireland) Acts, 1878 to 1907, shall be substituted for the reference to the Public Health Acts:

(8)—(a) If it appears to any county council that, having regard to the number of employed contributors resident in the county who are not members of any society approved under the foregoing provisions of this Act it is desirable that steps should be taken by the council for the establishment of an approved society for the county under the council (in this Section referred to as a county society), the council may at any time before the expiration of one year from the commencement of this Act submit to the Insurance Commissioners a scheme for the establishment of a county society;

(b) The scheme may provide for—

  1. (i) the representation of the council on the committee of management of the society;
  2. (ii) the appointment of officers and district and other committees by the council;
  3. (iii) the delegation of powers to committees;
  4. (iv) The giving of security by means of a charge upon the county fund or otherwise;
  5. (v) the restriction of membership to insured persons resident in the county not being members of any other approved society;
  6. (vi) the reduction of benefits below the minimum rates fixed by this Part of this Act; and
  7. (vii) such others matters as may appear necessary, and in particular such further modifications of the provisions of this Part of this Act with respect to approved 778 societies as may be required for the purpose of adapting those provisions to the case of a county society;

(c) Where such a scheme has been approved by the Insurance Commissioners, the provisions of the scheme shall have effect notwithstanding anything to the contrary in this Part of this Act; and, subject to those provisions, the county society shall be an approved society for all the purposes of this Part of this Act;

(d) A county council desirous of submitting a scheme under this Section may at any time after the passing of this Act take such steps as appear necessary with a view to ascertaining what insured persons resident in the county are eligible and willing to become members of the proposed county society, and generally for the formation of the society:

(9) The provisions with respect to the appointment of local health committees shall have effect subject to the following modifications, namely:— The number of members of a local health committee shall be twenty-four, and of that number—

  1. (a) twelve shall be appointed in such manner as may be prescribed by regulations of the Irish Insurance Commissioners so as to secure representation of the insured persons resident in the county or county borough who are members of approved societies, and who are deposit contributors in proportion as nearly as may be to their respective numbers, and the regulations so made shall provide for conferring on the approved societies which have members resident in the county or county borough the power of appointing representatives of such members, and where an association of deposit contributors resident in the county or county borough has been formed under such regulations as aforesaid for conferring on such associations the power of appointing the representatives of the deposit contributors;
  2. (b) eight (of whom at least one shall be a member of a local sanitary authority and at least two shall be women) shall be appointed 779 by the council of the county or county borough; and
  3. (c) four (of whom at least two shall be duly qualified medical practitioners) shall be appointed by the Irish Insurance Commissioners;
Provided that the Irish Insurance Comsioners may, where any part of the cost of sanatorium benefit is defrayed by the council of the county or county borough, increase the representation of the council and make a corresponding diminution in the representation of the insured persons:

(10) An insured person in Ireland shall not be entitled to medical benefit under this Part of this Act, and the provisions with respect, to medical (benefit shall not apply:

Provided that medical benefit for an insured person being a member of an approved society shall be deemed to be included amongst the additional benefits specified in Part II. of the Fourth Schedule to this Act:

(11) As respects employed contributors in Ireland, the employed rate shall be at the rate specified in Part II. of the Second Schedule to this Act, and the contributions by the contributors and contributions by the employers shall be at the rates specified in Part II. instead of that rates specified in Part I. of that Schedule, and there shall be credited to the society of which any employed contributor in Ireland is a member or, if he is a deposit contributor, to his account in the Post Office fund, the difference between the amount of contributions actually paid by or in respect of him at the rate specified in Part II. of the Second Schedule to this Act and the amount which would have been paid if those contributions had been at the rate specified in Part I. of that Schedule, and the amount of that difference shall be treated as having been expended on benefits and the proper proportion thereof shall accordingly be paid out of moneys provided by Parliament:

(12) The foregoing provisions of this Section as to the crediting of differences shall apply in the case of voluntary contributors in Ireland, with the modification that where the voluntary rate is not the same as the employed rate the difference to be credited shall be the difference between the amount of contributions actually paid at the voluntary rate and the amount which would have been paid if the contributor had been a voluntary contributor in Great Britain:

Provided that in the case of a married woman in Ireland becoming a voluntary contributor at reduced rates of benefit under the special provisions with respect to married women, the rate of contributions payable by her shall be one penny halfpenny a week instead of three pence a week, and the difference to be credited shall be one penny halfpenny a week accordingly:

(13) In estimating for the purpose of valuation the liabilities of an approved society having members in Ireland who are insured persons, and in ascertaining the voluntary rate applicable to voluntary contributors in Ireland in cases where that rate is not the same as the employed rate, regard shall be had both to the provisions of this Section as to the crediting of differences and to the proportion of benefits to be paid out of the contributions payable by or in respect of such members or contributors:

(14) Rules of an approved society or local health committee under this Part of this Act may provide for the inspection of medical relief registers by officers of the society or committee at all reasonable times and for the furnishing to the society or committee of such medical certificates as may be necessary for the purposes of the administration of the benefits administered by the society or committee, and for the payment by the society or committee to duly qualified medical practitioners of such remuneration in respect of the furnishing of those certificates as the Irish Insurance Commissioners may sanction, and all payments so made by the society or Committee shall be treated as expenses of administering the benefits aforesaid:

(15) If a grant is made to a county council or county borough council out of any sum made available under any other Act of the present Session for the purposes of the provision of sanatoria and other institutions for the treatment of tuberculosis or such other diseases as the Local Government Board may with the approval of the Treasury appoint, the council may, subject to the sanction of the Local Government Board, exercise for all or any of those purposes the powers given to them by Part II. of the Tuberculosis Prevention (Ireland) Act, 1908, in like manner as if those purposes were purposes authorised by that Part of that Act, and any expenses of the council so far not defrayed out of the grant shall be defrayed in manner provided by that Part of that Act:

(16) For the purposes of proceedings in Ireland under the provisions of this Part of this Act relative to disputes regulations of the Insurance Commissioners may apply all or any of the provisions of the Common Law Procedure (Ireland) Act, 1856, with respect to arbitration.

Amendments made: In Sub-section (1), after the word "Commissioners" ["and the Irish Insurance Commissioners shall"], insert the words "of whom one at least shall be a duly qualified medical practitioner."

Leave out the word "foregoing."

In Sub-section (2), leave out the words "in respect of" ["in respect of contributions"], and insert instead thereof the word "from."

Leave out the words "in Ireland" ["contributions in Ireland"].

After the word "Act" ["under this part of this Act"], insert the words "in respect of insured persons resident in Ireland."

Leave out the words "which are administered in Ireland," and insert instead thereof the words "to such persons."

Leave out the word "the" ["of the benefits administered"] and insert instead thereof the word "such."

Leave out the words "administered by them in Ireland."

Leave out Sub-section (3).

In Sub-section (4), paragraph (b), leave out the word "payable," and insert instead thereof the words "paid in Great Britain."

In paragraph (b), leave out the words "shall be carried by the Irish Insurance Commissioners to such special account and dealt with in such manner as may be prescribed, and if paid in Great Britain."

In paragraph (b), leave out, at the end, the words "that purpose," and insert instead thereof the words "the purpose of being carried to such account and being dealt with in such manner as may be prescribed by the regulations made in that behalf by the Irish Insurance Commissioners."

In Sub-section (5), leave out the words "in a class of work specified in any special order made under Part VI. of the Factory and Workshop Act, 1911."

In Sub-section (6), after the word "the" ["the Insurance Commissioners"], insert the word "Irish."

In Sub-section (7), leave out the word "and" ["and a reference"].

At the end of Sub-section (7), add the words "and a reference to the rate or fund applicable to the purposes of the Public Health (Ireland) Acts, 1878 to 1907, shall be substituted for any reference to the borough rate or borough fund."

In Sub-section (8), paragraph (a), after the word "the" ["submit to the Insurance Commissioners"], insert the word "Irish."

In paragraph (b), Sub-section (ii), leave out the words "and district and other committees by," and insert instead thereof the words "subject to the approval of."

In Sub-section (b), after the word "the" ["approved by the Insurance Commissioners"], insert the word "Irish."

At end of Sub-section (10) insert the words "and that such medical benefit when provided shall be administered by the local Health Committee in accordance with the provisions of this Part of this Act unless the Irish Insurance Commissioners otherwise direct."

In Sub-section (12), after the word "voluntary" ["voluntary contributors"], insert the word "resident."

After the words "paid if the" insert the word "voluntary."

After the word "woman" ["case of a married woman"], insert the word "resident."

In Sub-section (13), leave out the words "In estimating for the purpose of valuation the liabilities of an approved society having members in Ireland who are insured persons, and."

Leave out the words "members or" ["in respect of such members or contributors"].

In Sub-section (16), after the words "regulations of the," insert the word "Irish."

At end of Clause insert the following new Sub-sections, (17) The special provisions with respect to the reduction of contributions in cases where the employer is liable to pay wages during sickness shall have effect, subject to the modification that where the rate of contributions payable by the employed contributor is one halfpenny a week the weekly contributions payable by the employer shall be reduced by one penny halfpenny (or if the employed contributor is a woman one penny), and the weekly contributions pay able by the employed contributor shall be reduced by one halfpenny. (18) As respects insured persons in Ireland "six-elevenths" shall be substituted for "four-sevenths" and (in the case of women) "four-ninths" shall be substituted for "one-half. (19) For the reference to the registrar of the County Court there shall be substituted a reference to a magistrate appointed under the Constabulary (Ireland) Act, 1836.—[Mr. Lloyd George.]