I hope the Minister for Education will not lose sight of one aspect of this technical instruction question, and that is that it is part of the educational process, and not merely the training of a wage-earner or of a profit-earner. It is part of the educational process to enable a boy or girl, a young man or a young woman, to realise the importance of the material things around him or her, and that is something different from a mere training for a position. I am afraid that most of the comments rather assume that the work of the technical branch of the Department of Education is merely to train boys and girls for the trade they are to follow at some future time. I do not think that that is the whole business of the technical instruction branch of the Department of Education.
I want to bring to the notice of the Minister and the Dáil a matter apart from technical education, but concerned with the administration of the Minister's Department as it affects the Technical Instruction Committee of the Dublin County Council. I refer, in the first instance, to the appointment of a commercial teacher for the Balbriggan classes. Some correspondence has taken place between the Dublin County Joint Committee of Technical Instruction and the Minister and his Department, which began on 26th October last. A letter was sent to the assistant secretary of the Department, informing him that Mr. T. Derrig had been appointed part-time instructor of commercial subjects (bookkeeping, business methods, commercial arithmetic, shorthand and typewriting), and Miss Teresa Pleimeann as whole-time clerk. Then it proceeded:—
"I have to request your sanction for these appointments at your earliest convenience. Mr. Derrig has already been sanctioned as commercial teacher under the Mayo County Committee of Technical Instruction."
That was on the 26th October, 1925. A month later, on the 24th November, 1925, a further letter was sent referring to the previous communication, and saying:—
"The classes for which Mr. Derrig's services are required have been held up, first by the failure of the Committee's advertisement for a whole-time instructor of Commerce and Irish to produce a suitable candidate, and then by delay in obtaining sanction for the appointment of Mr. Derrig."
Again, a month later, on the 17th December, a further letter was sent saying:—
"I am directed by my Committee to inform you that they regret that no reply has yet been received to my letters of the 26th October and the 24th November last, asking for approval of the appointment of Mr. T. Derrig, B. Com., as part-time teacher of commercial subjects. As I pointed out in my second letter the delay in obtaining approval of this appointment has prevented the opening of commercial classes in Balbriggan, and they cannot now be started this year. My Committee considered this as a grave injustice to those pupils who were prevented from attending Skerries Technical School by the promise made to them that the classes would be provided in Balbriggan at the beginning of the present session."
Again, on the 25th January, 1926, a letter was sent saying:—
"I have to inform you that my Committee consider the delay in the opening of the commercial classes in Balbriggan so serious that they decided at their last meeting, on the 11th instant, that if no reply had been received in the meantime from the Department they would consider the advisability of opening those classes under Mr. Derrig without the sanction of the Department."
On the 17th February, 1926, a further letter was sent, this time to the Minister for Education, in these terms:
"I am directed by the above Committee to direct your attention to the failure of the Technical Instruction Branch of the Department of Education to approve of the appointment by them of Mr. T. Derrig, B. Com., as part-time teacher of commercial subjects, or to send any other reply than a formal acknowledgment to repeated letters requesting them to do so."
The letter further goes on to say:
"In these circumstances, the above Committee, having fully considered the consequences, decided at their last meeting, on the 10th instant, to open the classes immediately, and to apply directly to approve of Mr. Derrig's appointment in view of the failure of the Technical Instruction Branch either to grant or refuse such approval almost five months after his appointment."
On the 3rd March a further letter was sent to the Minister referring to the previous communication of the 18th February, and saying that they had not received a reply. On the 31st March a communication was sent by the Department's Secretary to the Secretary of the Technical Instruction Committee, stating:
"With reference to an entry in the Minutes of the proceedings of the County Dublin Joint Technical Instruction Committee at their meeting on the 10th ultimo, relative to the appointment of Mr. Derrig, B. Com., as part-time commercial instructor, I have to state for the information of your Committee that in view of the order previously made for the dismissal of Mr. Derrig when employed in County Mayo, sanction may not now be given to his appointment under the County Dublin Committee."
That letter, which appears to have been the first intimation to the County Dublin Committee that the Department was not prepared to sanction the appointment is dated the 31st March, while the first intimation sent to the Ministry was dated the 26th October, informing them that Mr. Derrig had been appointed. That is a state of things I cannot understand, and I can appreciate the view of the Committee when they instructed their secretary to write to the Department stating that as the Committee had no knowledge of the order referred to, he was to ask on what grounds sanction for Mr. Derrig's appointment was refused, as he possessed the qualifications required by the Department.
There is no doubt whatever that the delay has militated seriously against the Committee's work in Balbriggan. It seems very difficult to understand why, if there was any objection to the appointment or to sanctioning the appointment of Mr. Derrig for this position, that the Co. Dublin Committee could not have been informed of the matter earlier than five months after the first notification had been made of this appointment. Practically no sanction and no refusal of sanction —in effect, no decision one way or other—was conveyed to the Committee until the season had come to a close. I do not know what the strict position may be regarding salary but I assume that that is a matter of difficulty if finally it is stated that the appointment was not sanctioned. The fault for not having received sanction certainly does not seem to lie with the Co. Dublin Committee. They did, to all appearances, all they could be expected to do in regard to the notification of the request for sanction.
Somewhat associated—no doubt, the Minister will say very closely associated—with the refusal to reply to communications from the Co. Dublin Committee in respect of Mr. Derrig is the question of the requiring of technical teachers—teachers under the Technical Instruction Committee of the County Dublin—to make declarations in accordance with the provisions of the Local Government Act. The question arose in November in respect of the appointment of teachers of Irish. A letter was sent by the Assistant Secretary, Mr. Fletcher, to the Committee on 2nd November. This letter had reference to a list of teachers of Irish submitted to the Department. The letter says:
I have to acquaint you that the Department approves of the engagement, for the current academic year, of the teachers named and on the conditions stated in the accompanying memoramdum. I am to remind you of the necessity of obtaining from Mr. Duke a declaration, which should be transmitted to the Department in accordance with, and in the form prescribed by, Section 71 of the Local Government Act, 1925,—
Section 71 provides for the declaration being made by officials
and to direct your attention to the duty which is imposed upon you, as Principal Executive Officer, by Section 61 (2) of the Act, in the event of any illegal payment being proposed at a meeting of your Committee.
In response to that, a letter was sent by the Secretary of the Committee to the Assistant Secretary of the Department. This letter is dated 16th November and stated that the letter from the Department was considered by the Committee and that he (the Secretary) was
directed to point out to you, in connection with the declaration referred to in the second paragraph, that it would appear to my Committee that this declaration applies only to officers for whose appointment the confirmation of the Minister for Local Government and Public Health is required. As it has been the custom of the Committee, in accordance with the conditions on which their scheme of instruction has been sanctioned each year, to submit appointments made by them to the Ministry of Education only for confirmation the Committee would be glad to learn whether confirmation of such appointments by the Ministry of Local Government and Public Health also is necessary.
Further on in the letter, it is pointed out that Mr. Duke was appointed for the present session on 10th March, of 1925. He took up duty for the present session on 1st August, and had been paid his salary since that date in the usual way, as shown on Form 70. Table D., submitted to the Department after each ordinary meeting of the Committee. That is followed by a letter from the Assistant Secretary of the Department, in which he adverts to the previous communication and to the Minutes of Proceedings, and he says:—
I have to inform you that while it must be distinctly understood that Mr. Duke holds a temporary whole-time appointment co-terminus with the period of the current session, the Department note that your Committee regard his appointment as having been implicitly made by them in the financial provision for the third year's scheme of technical instruction as formulated at their meeting held on 10th March, 1925. In the circumstances and as this date was previous to the date of the passing of the Local Government Act, 1925, the Department will not insist upon the application which would otherwise be necessary of the terms of Section 71 of the Act to Mr. Duke's temporary appointment for the current academic year.
On 12th December the Department informs the Committee that in respect to Mr. Duke they will not insist upon the terms of Section 71—which is the section requiring the declaration to be made—in view of the fact that Mr. Duke's appointment had been made earlier in the year. But in March of this year, a communication is sent to the Committee referring to certain doubts which appear to have arisen in the minds of the Department as to whether the section applies to part-time teachers employed by these Committees as well as to whole-time teachers. In that letter it is stated that: "The Department is now advised that part-time teachers are, in the circumstances specified in the first-mentioned section, obliged to make a declaration in accordance therewith." Further on in the same letter they say: "Where this period (a month) has already expired, it will be necessary for your Committee, at their next meeting, to reaffirm the appointment or increase of emoluments, and for the teacher concerned to make and subscribe the Declaration within the prescribed period thereafter." The letter concludes: "I have to add that the Department will not, after the date of this letter, be in a position to make a recoupment to your Committee in respect of temporary additional remuneration paid to any part-time teacher, from whom a declaration of allegiance is required, until such declaration has been received in these offices."
Of course that is a direct contradiction of the communication of the 12th December. The financial consequences of that to Mr. Duke I cannot speak of, as I have not been informed. A further question arises in respect to this. The Ministry has laid it down that the servants of local Technical Instruction Committees must make this declaration in accordance with Section 71 of the Local Government Act. There is no question that these Technical Instruction Committees are local authorities within the meaning of the Act as defined in the definitions of Section 1 of the Act. But the declaration which is required to be made by officers of local authorities seems not to apply to the teachers of the Agricultural Committees, inasmuch as the declaration has special reference to appointments being confirmed by the Minister for Local Government and Public Health. Inasmuch as these appointments are not confirmed by the Minister for Local Government and Public Health, and as this is the only declaration set out in the Act, there seems to be a fault in the Act. The local authorities in question are in a quandary, of their own making if you like, or shall I put it the other way, that they desire to put the Department in a quandary, and I think they are entitled to do so in the terms of this resolution. The Minister, acting on his own initiative, I presume, has endeavoured to alter the law, and he directs that officers of Technical Instruction Committees shall make a different declaration from that set out in the Act. The declaration they are supposed to make has reference to the appointment being confirmed by the Minister for Education, and not by the Minister for Local Government and Public Health, as in the Act. It may be said that that is a legal quibble. I do not know whether the Minister has statutory authority for this course. That is a matter for the lawyers, but it seems to me that the obligation to impose this declaration upon technical instruction teachers is injuring technical instruction and generally damaging the whole system, especially the classes connected with the teaching of Irish.