asked the Minister for Justice if he will state the reason why Edward Collins, Macroom, County Cork, who was appointed summons server fifty-eight years ago, and Civil Bill Officer fifty-seven years ago, and who has had to devote all his time to his work during that period, was discharged from his employment recently and refused any compensation, gratuity, or pension, and if he will have the case reconsidered.
WRITTEN ANSWER. - DISCHARGE OF MACROOM CIVIL BILL OFFICER.
The effect of the Court Officers Act, 1926, was to abolish the position of Civil Bill Officer and to substitute therefor the new post of Summons Server, in which the functions of the Civil Bill Officer and the Summons Server of the former Petty Sessions Court were combined. Accordingly, every Civil Bill Officer ceased to hold employment as such on the coming into operation of the Act mentioned, but existing officers whose service, health, age, etc., were satisfactory, were given an opportunity of accepting employment as Summons Servers. Mr. Collins was not continued in employment for the reason that he is approximately 77 years of age. Civil Bill Officers do not come within the scope of the compensation provisions of the Government of Ireland Act, 1920, which stipulate in Section I. of Schedule VIII. that officers if not established must devote their whole time to the duties of their office before they are eligible for compensation, and, accordingly, Mr. Collins is not entitled to any compensation for loss of office under Article X. of the Treaty. Moreover, Civil Bill Officers whose appointment and tenure were governed by the terms of Section 15 of the Civil Bill Courts (Ireland) Act, 1851, held office at the will and pleasure of the County Court Judge, and under the terms of the Statute had no claim to pension or gratuity on ceasing to hold office.
For these reasons the Minister for Justice considered that he was precluded from entertaining any claim from Mr. Collins for superannuation or gratuity, or from making any payment to him by way of compensation for loss of office.