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Dáil Éireann debate -
Wednesday, 19 Feb 1930

Vol. 33 No. 4

In Committee on Finance. - Vote No. 19—Tariff Commission.

I move:—

Go ndeontar suim bhreise ná raghaidh thar £100 chun íoctha an Mhuirir a thiocfidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1930, chun Tuarastail agus Costaisí Choimisiún na nBleacht (Uimh. 40 de 1926).

That a supplementary sum not exceeding £100 be granted to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1930, for the Salaries and Expenses of the Tariff Commission (No. 40 of 1926).

Deputies will notice that the excess sum required is mainly in respect of allowances to two of the Tariff Commissioners. Up to about this time last year the members of the Commission who are public officials did the work of the Commission without any extra remuneration. The work of the Commission has proved to be exceedingly onerous. It involves not merely the necessity of making special efforts to carry on ordinary departmental work, while attending the various sittings, both public and private, of the Commission, but it also means reading vast masses of documents and material of various kinds, that have either been submitted by those applying for or those opposing tariffs, and also materials which the Commissioners themselves procured. In the case of a tariff like the woollen tariff, a great deal of study was undertaken by the Commissioners before the case for the applicants had been fully heard. Statistics and material of various sorts were collected for them, and the members of the Commission were obliged to study them, not during official hours but after official hours, at home. As a matter of fact, the result of this work which has been thrown on the Tariff Commission has been that the members have had no leisure at all. Personally, I have doubts as to whether it would be possible for any prolonged period for men to continue working at the pressure at which those who undertook these investigations have been obliged to work. When the first term of office of the members of the Commission was at an end about a year ago the Government determined that it was suitable that a certain allowance should be given to two of the members for that work. The allowance was not given to the other member because he is on the maximum scale of any member of the Civil Service.

I think if the Minister came to the House with a proposal to deport the members of the Tariff Commission he would occasion much less surprise than he has done with the proposal which he has now put before us. I cannot see why it is necessary to take this particular method of resolving the difficulty which has arisen concerning the work of the Tariff Commission. If it is true, as the Minister has said, that the work is so onerous that the members of the Commission cannot be expected to perform it, then there is a case for adopting some other method for hearing applications. The particular difficulty to which the Minister has referred will not be removed merely by paying two of the members a sum of £300 extra. That is not going to increase their capacity for work, to increase their ability. It is not going to do anything except increase their salary.

The Government which has made this particular proposal has also gone out of its way to increase the work of the Commission in a manner designed to make it impossible to produce reports at any quicker rate than they have been doing heretofore. If the Commission had no applications pending we could understand the action of the Government in appointing the same three individuals to be the tribunal to investigate the grain proposals. The fact, however, is that there are applications in process of being heard by the Commission or awaiting hearing which were originally made in 1926. Despite the fact that that long delay has been occasioned by the slow working of the Commission, the Government proceed to make impossible the more rapid production of reports by the appointment of these individuals to hear the very complicated and involved case in respect of the proposals to mix home-grown grain with imported maize. It was in 1926 that the coach builders of this country first made an application for an increase in the duty on the bodies of imported motor cars. I have calculated from the trade summary recently published that the fact that the duty asked for in 1926 was not in operation in 1929 has resulted in 2,000 people, who would otherwise have been employed, being idle. The actual financial loss to the country arising out of the delay on the part of the Tariff Commission in reporting on these applications must be very substantial indeed.

If the Government are really anxious that these applications should be heard more rapidly and that the arrears of work should be wiped off, they would come to the House with a proposal to establish a second body, to appoint additional commissioners to deal with the problem in some other manner except that which they propose. I can understand the Minister for Education boasting at Geneva that the Free State tariffs are as low as possible, though I cannot understand how they consider that a source of pride. Neither can I understand why the Government so arrange things that decisions on applications will be as slow as possible. No case whatever has been made for giving this additional allowance to two of the Commissioners. If the Government really think that the work is so onerous that it is impossible for these three individuals to perform it properly, the proper thing to do is to amend the Tariff Commission Act so as to provide for the appointment of an additional number of Commissioners.

On previous occasions we have raised in the Dáil the question of the work of the Departments of which these three individuals are important members. The work of the Departments must be seriously impeded by the fact that these three civil servants have to give a very considerable portion of their time to the work of the Commission. That position, as I said, will not be rectified by this proposal. Nothing will be rectified by this proposal. As far as the results of the Tariff Commission are concerned, there will be no change, and as far as the economic position of the country is concerned there will be no change. The only thing which will be changed, as I have said, is the remuneration of two of the Commissioners. If the Government are really anxious to resolve the difficulty to which the Minister has drawn attention, they would have taken another line of action. The work may have proved onerous, but this proposal is not going to make it prove easier.

I did not understand whether the Minister said that the two Commissioners in question have been altogether relieved from the ordinary duties of their offices or not. I have no objection to people being paid for extra work, and although the decisions of the Tariff Commissioners may not be acceptable to everyone, I think they are very painstaking. Another matter which I do not understand is that although the work of the Chairman and his duties must be as heavy as the other two Commissioners, he is to get no extra remuneration. I do not see why the fact that he is at the top of the scale should debar him from getting the same remuneration for extra work any more than the other two Commissioners.

I desire to support the remarks of Deputy Lemass. I think the Minister is not treating the Tariff Commission or the tariff policy fairly in this Estimate. Members of the House were astonished when, in addition to their duties on the Tariff Commission, which it seems quite impossible to carry out so long as they hold very important offices as heads of Departments in the Civil Service, the Commissioners were asked to administer ad hoc Committees like the Grain Tribunal. To-day's paper tells us that there are very important moves in the flour milling industry. It seems likely that the representatives of the flour millers have proposals to put before the Government, and it might be necessary to take immediate steps to deal with the situation. You will be constantly coming up against matters like that, and I see no way out of the difficulty except to make the Tariff Commission quite independent of the Civil Service and set up the Commissioners as a separate Board.

Whether you agree to your present personnel or not, is a question that can be decided later on, but I certainly think the Government are not wise in treating the matter in this fashion. We have had no suggestion whatever from the Minister that this matter is being gone into. We have had complaints constantly in the House about delays. It may be said that a large amount of that delay is due to applicants who had not their case ready. Certainly we must admit that the Tariff Commissioners whether we disagree or otherwise with their findings, have gone into the work very thoroughly and have given an example of how things should be examined. That is all the more reason why their time should be completely placed at the disposal of this work. The Ministry would be wise I think to withdraw this Estimate and to try to reconstitute the Commission in such a way so that it would deal with applications in connection with tariffs and all matters concerned with the economic position of the country in a more expêditious manner.

Deputy Lemass dealt with this proposal almost in a jocular manner. It is not suggested that the payment of an allowance to members of the Commission will increase their ability, or make the work less onerous, but if these officials are asked to do, and to continue to do for a period of years, work which deprives them of practically all, if not all, their leisure, it is only reasonable that some extra payment should be made to them, something beyond the remuneration that they would receive if they were not called upon to take up and continue this extra work. With regard to Deputy Murphy's question, perhaps the logic of the position is with him, but we have not, at any rate so far, come to the conclusion that we should give an allowance to an official that would increase his remuneration beyond what has been the upper limit. These officials are not relieved of their ordinary duties. They are relieved of some portion of them because it would be impossible for them to undertake tariff work if they were not given some extra assistance in their offices. But they cannot be relieved of as much of the work in their offices as is thrown on them by the work of the Tariff Commission. Every one of them has to work harder, and to give more of his time to the public duties that are cast on him than he would have if the Tariff Commission were not in existence.

Some Deputies have suggested that these officials, or other officials, or some other people should be put entirely on Tariff Commission work. Although Tariff Commission work is very heavy, we do not think it is a whole-time job. There would be considerable periods when members of the Tariff Commission, if they had no other work, would not be occupied at all. When a certain application had been disposed of, and before they had fully entered on the consideration of another, before evidence had been put up to them, there would be, perhaps, days, and often weeks, when there would be practically nothing for them to do. There would be periods when they would be waiting for the answer of the opponents of an application to be put in to the case made by the applicants, or when they would be waiting for additional evidence to be submitted by the applicants, as a result of weaknesses that might have been shown at the hearing. The result is that although the work, taking it over the year, these officials have to do, is very heavy, and although there are intervals when the members could quite well give all their time to Tariff Commission work, there are other periods when, if they had no other duties, they would be decidedly slack. The fact that they are occupied at other duties has caused some delay, but except in one or two cases it has not been very serious. There is delay caused at the moment, I admit, because of the fact that members of the Tariff Commission are engaged on the Grain Enquiry. There are two or three applications for tariffs which they would be making progress with, and perhaps, by this time have come to a conclusion on, if they had not the extra work of the Grain Enquiry thrown on to them. But if we leave out the delay caused by this very special enquiry, the avoidable delays that have taken place on applications for tariffs have not been very great.

Anything that I have seen about Tariff Commissions elsewhere indicates that it is normally a year or two after the application is put in before a conclusion is reached. There may be similar tribunals which decide quickly in a month or two, but those about which I have particulars have all occupied a good deal of time dealing with every application. As a matter of fact, there is value in not dealing with them too rapidly. In various ways information comes in that is of great account in coming to a conclusion, and it might not be available at all if one could sit down and dispose of the case, as it were, summarily. I do not think that eighteen months can be regarded as too long for the proper consideration of any application of importance for a tariff. In the case of smaller applications perhaps, somewhat less time would do, but, even in the smallest applications, there are delays and intervals which are necessary. First, there is the submission of the case and the giving to it of some consideration, the hearing and giving notices for public sittings, and that sort of thing. An interval must elapse to allow those who would oppose the tariff to put in their case and, perhaps, for further evidence to be given by the applicants.

We feel that this Tariff Commission is doing extremely good work. We are most anxious, because of the very thorough, sound and capable manner in which the Tribunal had done its work, to retain it without making any change, at any rate for the present. When all these major applications that have come in have been disposed of, it might be possible to make some change in the personnel, but at present we think that the best results will be obtained by retaining the present members. We are satisfied that the work is being done almost as quickly as it would be done if we had whole-time members of the Tariff Commission, and that it is being done much more cheaply than with whole-time members, because they would be, as I have already said, busy at some periods, and altogether, or almost altogether, without work at other periods, and then you might easily find a position where you reached a point when there would be no applications at all before the body, or no applications of any importance, perhaps only trivial applications, and you would have to decide whether you would dissolve the Commission or not——

Give them a roving commission.

——or whether there would be further applications.

I want to make it clear that we feel we must vote against this Supplementary Estimate. We have no objection whatever to the payment of officials, and we believe it is quite possible that a good case could be made out for extra payment to officials who have done overtime, possibly a considerable amount of overtime, on this kind of work. But we do feel that the whole thing is wrong in principle. The method adopted by the Government for investigating these applications for tariffs, to our mind, is a wrong method, and it is as an indication of our view that the method should be changed that we will vote against the Estimate.

We understand that two of the officials engaged are the administrative heads of fairly important Departments, and that the Chairman is the administrative head of a most important department. We cannot see how it is possible, even for men who might be regarded as excellent officials, men who are more than ordinarily capable, to dispose of the work of their own department, and the work of the Tariff Commission as well. We do not think that either their own departments or the Tariff Commission get the best service in that way; one or the other must be neglected at some time, not due to their fault, but due to the fault of the Government in putting them into such positions. We believe that plenty of work could be found for a Tariff Commission to keep it busy. If we had our way I believe that there would be no danger that the Tariff Commission would not be fully engaged for years to come. There would be plenty of work for them to do, and they would not be taken away from important administrative work in other departments. For these reasons we will vote against the Supplementary Estimate.

The Minister has stated that these men have to be absent at times from their work as civil servants. Are they getting their full salaries as civil servants? The Minister has stated that they are not doing their full work as civil servants. Are they paid their full salaries? Is one of them receiving £1,500 salary, with £200 war bonus, in addition to this £400 for leisure hours?

That is not an exact statement.

Then I see that another is getting £1,100 salary and £228 war bonus. He is not paid enough with that but has to be given £100 more. I think that the Minister is relying a great deal on his bit of a majority in this House.

What applications are awaiting attention at the moment in addition to the coach-building? With regard to the Minister's apology for not putting the Tariff Commissioners on full time, I think that he must be aware that he has a very weak case, because obviously if the Tariff Commission were put on a full-time basis they would not be dependent on applications being submitted in the present fashion; they would have a sort of roving commission, and they would be entitled to initiate work rather than wait for manufacturers to apply to them.

There are two important applications and perhaps half-a-dozen minor ones.

We will have to start them on the roving commission.

Question put.
The Committee divided: Tá, 73; Níl, 45.

  • Aird, William P.
  • Alton, Ernest Henry.
  • Anthony, Richard.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brennan, Michael.
  • Broderick, Henry.
  • Brodrick, Seán.
  • Byrne, John Joseph.
  • Carey, Edmund.
  • Collins-O'Driscoll, Mrs. Margt.
  • Colohan, Hugh.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Cosgrave, William T.
  • Daly, John.
  • Davis, Michael.
  • De Loughrey, Peter.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Edward.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Esmonde, Osmond Thos. Grattan.
  • Everett, James.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Gorey, Denis J.
  • Hassett, John J.
  • Heffernan, Michael R.
  • Hennessy, Michael Joseph.
  • Hennessy, Thomas.
  • Hennigan, John.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • MacEóin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Murphy, Joseph Xavier.
  • Nolan, John Thomas.
  • O'Connell, Richard.
  • O'Connor, Bartholomew.
  • O'Donovan, Timothy Joseph.
  • O'Higgins, Thomas.
  • O'Leary, Daniel.
  • O'Mahony, Dermot Gun.
  • O'Reilly, John J.
  • O'Sullivan, Gearóid.
  • O'Sullivan, John Marcus.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, Vincent Joseph.
  • Wolfe, George.
  • Wolfe, Jasper Travers.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Brady, Seán.
  • Briscoe, Robert.
  • Buckley, Daniel.
  • Carney, Frank.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Colbert, James.
  • Cooney, Eamon.
  • Corkery, Dan.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Derrig, Thomas.
  • Fahy, Frank.
  • Flinn, Hugo.
  • Fogarty, Andrew.
  • Gorry, Patrick J.
  • Goulding, John.
  • Hayes, Seán.
  • Hogan, Patrick (Clare).
  • Houlihan, Patrick.
  • Kennedy, Michael Joseph.
  • Kerlin, Frank.
  • Killilea, Mark.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Moore, Séamus.
  • O'Dowd, Patrick Joseph.
  • O'Kelly, Seán T.
  • O'Leary, William.
  • O'Reilly, Matthew.
  • Powell, Thomas P.
  • Ryan, James.
  • Smith, Patrick.
  • Tubridy, John.
  • Walsh, Richard.
  • Ward, Francis C.
Tellers: Tá, Deputies Duggan and P.S. Doyle; Níl, Deputies G. Boland and Allen.
Vote declared carried.
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