I move the Second Stage of the Local Authorities (Officers and Employees) Bill, 1926. This Bill goes a long way towards carrying into effect the ideal cherished by the founder of the Sinn Fein movement, our late President, namely, the establishment of a national service which should be recruited on the principle of merit alone. That principle has already been adopted so far as the Central Service is concerned, and those of us who have had some experience in administering Departments are aware of the fact that it has been very helpful. I believe if the Ministers of Departments at the present time had any large patronage at their disposal their position would be made almost intolerable. Even as it is, occasionally we have requests from people throughout the country who do not understand that we have divested ourselves of every shred of patronage, and from the embarrassments and annoyance caused by those few individuals we can readily understand how impossible our position could be made if all the patronage of our Departments rested in our hands. What holds good with regard to the Central Service probably is equally true of local services.
Charges of nepotism and corruption have occasionally been made against local authorities. We are, unfortunately, in the position where we are able to confirm those charges, and while I do not say that either corruption or nepotism is carried out on any great scale in appointments made by local authorities, at the present time, yet there is some foundation for the statement. But even if there were no foundation for such a statement, it is undoubtedly true that the best representatives of local authorities object very much to the continual canvassing that goes on with regard to appointments by local authorities, and they would be very glad, as we are glad, to be divested of all patronage with regard to those appointments.
This Bill, as I say, goes a considerable length in divesting local authorities of this patronage. It is a rather urgent matter for one reason, namely, one class of officer who will come under this Bill is the county medical officer of health. They will be very responsible officers, in fact, key men in the counties where they are appointed, as all the health services, both curative and preventative, will be under their control. The selection of those officers will be a very difficult matter, and I would not care to leave the responsibility of their selection solely to local authorities. Until this Bill is passed through the Dáil you will have no machinery for ensuring that the proper men are selected for these positions, and until these officers are selected there are various health services in the country that we are anxious to see established which cannot be established, as there is no machinery by which they can be provided. That is an urgent reason why this Bill should not be delayed in the Dáil.
It is not intended to bring all classes of officer or employees within the scope of this Bill. At the start it only applies to these county medical officers and to the chief executive officers of local authorities, and to officers who require various professional qualifications. The Bill can, afterwards, be applied by Order to other classes of officers. But until we have the machinery set up, until we see how the Act works, we do not consider it advisable to apply the Act too generally. Local authorities are still left a considerable amount of control in this matter. They may promote existing officers who are doing duties similar to those which they would be required to do in the offices in which the vacancies exist. They may, also, appoint pensioners who were previously performing similar duties under local authorities. The local authorities will be given two months within which they can make those promotions or appoint those pensioners with the consent of the Minister. If they do not make the appointments, it will be open to the Minister to request the Commissioners set up under this Bill to select or nominate either one or more persons to fill the vacancy. The qualifications as regards character, age, health and sex —sex where the Commissioners think it necessary—will be decided by the Commissioners, at the request of the Ministry. If there are other qualifications necessary, for instance, if it is necessary that the officers should be qualified medical practitioners, those qualifications shall also be prescribed by the Commissioners.
As a general rule candidates will be selected by open competitive examination, but it is obvious that cases will occasionally arise in which this system cannot be adhered to. That is probably true in the case of those county medical officers. Mere theoretical qualifications are of very little use when it comes to testing the qualities needed for responsible positions of this kind. A young and inexperienced student from one of the universities might do very much better in an examination than a highly qualified and experienced practitioner, who had become rather rusty on the usual subjects required in examination tests of this kind. Accordingly, some other system, probably a selection board, will be adopted by the Commissioners in those cases. If there happens to be an officer of a local authority whom the Minister considers would be a suitable candidate for the post, and he is not nominated by the local authority, it will be open to the Minister to recommend him to the Commissioners, and if they consider him a suitable person they can appoint him.
Section 12, which gives the Minister for Local Government certain control over officers appointed by local authorities, is already enforced under the Local Government (Temporary Provisions) Act. In that case these powers are only given by reference. It is considered advisable, in this Act, to give them direct. Section 13 gives the Minister power to suspend an officer. The same power is given to local authorities while any charge against him is being investigated. One of the difficulties I find in administration, at the present time, is that it is very hard to deal with an officer against whom there is any charge pending. It is a very drastic step to dismiss such an officer. Yet that is the only course open. Under this provision an officer can be suspended, say, if there is a charge of falsification of accounts or anything of that kind, or that it might be a danger to the finances of the authority to leave that officer in charge during any long period. It is very advisable that we should have power to suspend him while any charge against him is being investigated. If the charge proves to be without foundation he can be re-instated. If, on the other hand, the charge is substantiated he is deprived of any opportunity to do any further injury to the finances of the local authority while the investigation is going on. Provision is made for payment, first out of the Central Fund and afterwards through recoupment to that fund by the local authorities as in the case of the Combined Purchasing Bill.
I do not think there is anything further to say in this matter. While the original Local Government Bill was going through the Dáil and through the Seanad, there seemed to be almost unanimous approval for the principle of this Bill. Accordingly, I do not anticipate that it will meet with much opposition going through either House.