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Dáil Éireann debate -
Friday, 4 Jun 1937

Vol. 67 No. 14

Committee on Finance. - Executive Powers (Consequential Provisions) Bill, 1937.—Committee.

Sections 1, 2 and 3 agreed to.
SECTION 4.
(2) As soon as conveniently may be after the passing of this Act, there shall be paid, out of moneys provided by the Oireachtas, to Donal Buckley, being the person who held the office of Governor-General immediately before the passing of the Principal Act, the following sums in full satisfaction and discharge of all claims by him under the Governor-General's Salary and Establishment Act, 1923 (No. 14 of 1923), in respect of any period before or after or partly before and party after the passing of the Principal Act, that is to say:
(a) the sum of two thousand pounds, and
(b) such sum as shall be necessary to recoup to the said Donal Buckley all disbursements which were, in the opinion of the Minister for Finance, necessarily or properly made by him in relation to the maintenance of his official residence and the household staff thereof after the passing of the Principal Act, or in relation to the closing of such residence and the discharge of such staff.
(3) The yearly sum of five hundred pounds, beginning on the date of the passing of the Principal Act, shall be charged upon and payable quarterly out of the Central Fund or the growing produce thereof to the said Donal Buckley during his life.

I move amendment No. 1:

In sub-section (2), line 33, to delete paragraph (a).

The object of this amendment is to delete the provision in this Bill whereby a sum of £2,000 is to be paid to the ex-Governor-General. When discussing the provisions of this Bill on the Second Reading, I indicated that I had no personal objection whatever to the last holder of the office of Governor-General and that no remarks of mine were to be construed in any way as reflecting upon the standing of that gentleman in the community or his services to the nation in other years. My remarks on this and on the next amendment are not to be taken as in any way reflecting upon the last holder of the office of Governor-General. I want to discuss this, the next amendment, and, indeed, the whole Bill, in an impersonal way, and to deal with this matter as I would deal with it if provision were being made for some person other than Mr. Donal Buckley.

I said on the Second Reading that the provisions of the Bill were, in short, a complete recantation of everything that Fianna Fáil previously professed to stand for. The more one examines the Bill and the more one studies the gyrations of the Party in recent years, the more true that statement of mine becomes. At one time we used to have declarations by the Fianna Fáil Party that it was an unpatriotic thing for any Deputy to accept a salary of £360 per annum; that it was a sacrilege against the nation that any Deputy should dream of expecting a salary of £360 per annum. I think the proposal was then made that Fianna Fáil Deputies would not accept any salary but that, instead, they would put their entire salaries into a national fund for the development of Irish industries. I never saw a balance sheet relating to that fund. I do not know what dimensions the fund has reached. One gentleman who claimed to know something of its origin and its development told me that there were only two subscriptions and that a third person inquired was there any money in it for lending to people in distress.

After that declaration by Fianna Fáil, that it was quite improper for any person to accept a salary of £360 per annum, we had a further campaign by the Fianna Fáil Party through the country, a poster campaign, setting out at considerable length, and no doubt at considerable expense to themselves, a list of pensions which were being paid by the State to people who fought in the Black and Tan war and to people who served in the National Army. Fianna Fáil paraded the whole country and said: "These pensions are a disgrace; we do not stand for these pensions."

Some of the pensions were less than £100 per year, and were given to people in very poor circumstances, so that, from taking no salary as Deputies, they progressed to not standing for pensions to persons who served in the Black-and-Tan war and in the National Army. Then, of course, we had another grandiloquent declaration by Fianna Fáil that Ministerial salaries were too high and that it was an outrage on the nation that a Minister should receive £1,700 per annum and Parliamentary Secretaries £1,000 per annum. At the cross-roads throughout the country the Fianna Fáil Party denounced the payment of those salaries to Ministers, and when they came into office, they decided that the salaries of Ministers should be reduced to £1,000 per annum, and we had a certificate from the President of the Executive Council that £1,000 per annum was sufficient salary for a Minister. We have now reached the stage at which the Executive Council has gone on record as declaring that a salary of £1,000 is sufficient for a Minister for Justice, or any other member of the Executive Council, and when we consider this whole question of providing a pension and a lump sum to the ex-Governor-General, we must bear that declaration by the President and previous declarations by the Fianna Fáil Party carefully in mind. When the Second Stage of this Bill was being discussed, the Minister for Justice said that the Governor-General was receiving less than his predecessors. We all know that, but who, least of all Fianna Fáil, could possibly try to justify the payment of a salary of £10,000 to any Governor-General? Everybody knows that the previous Governor-General's salary was outrageous, that there was no justification whatever for paying it, and it carries very little weight for the Minister for Justice to tell us that the last Governor-General endeavoured to struggle on on a salary of £2,000, which is twice as much as the Minister for Justice is expected to live upon, although he performs a thousand times more work than the ex-Governor-General did.

Let us see on what ground this lavish expenditure and this bounteous generosity to the ex-Governor-General can be justified. On the last occasion we discussed this Bill, the Minister for Education made a long speech in which he endeavoured to show some justification for the munificence of the Government towards the ex-Governor-General. What are the facts of the situation? We are not considering now Mr. Buckley's record during his lifetime. We are considering the situation whereby a man, in 1932, was asked by the Government to accept a post at a salary of £2,000 per annum, plus expenses. The man agreed to accept the position at that salary, and it was in many respects a very generous salary. It was particularly generous when you remember that the man, apparently, consented to be virtually a prisoner in the mansion provided for him by the Government, and that he apparently carried out all instructions given to him faithfully, so far as the Government was concerned. So far as social amenities are concerned, the man may admittedly have imposed terrific sacrifices upon himself, but let us remember that the man was paid a salary of £2,000 per annum for whatever duties he was supposed to have discharged in that office.

What are the duties of a Governor-General? In the main, they consist of signing a Bill and living as comfortably as possible. A salary was provided in order that he could enjoy the comfort of a country mansion, and his monastic life there was occasionally interfered with by the Clerk of the Dáil calling and saying: "A Bill to be signed, sir." When you count the number of Bills to be signed, however, and even give rein to your imagination in seeing what the Governor-General might have done during those four years, the most you can get on the credit side, so far as he was concerned, is that he signed a number of Bills. When you calculate the number of Bills he signed, you find that almost every time he signed his name he cost the State, at his rate of remuneration, about £80. I know of nobody else in the country who contrives to get £80 from another person simply because he signs his name to a Bill. I would have thought that treating the Governor-General in that lavish way was dealing pretty decently with the man from the material point of view, if you look at it only from that standpoint; and living in these circumstances, performing that very menial task and not being greatly encumbered with laborious toil, the Governor-General who had been paid £2,000 per year for four years, should not have very much complaint if at the end of that period the link that kept him in that office was suddenly snapped.

After all, this ex-Governor-General surely knew the President's mind. He scarcely expected that Fianna Fáil, a Republican Party, would continue a Governor-General in office for ever, and he surely knew that all the time he was sitting on a kind of republican powder barrel, that any day it might go up and he might be shot back to the civilian life from which he emerged. The Governor-General, under Fianna Fáil administration, had no right to expect that he had the title deeds of that office for ever, and it must, therefore, not have come as any great surprise to the occupant of that office when he discovered that the Government which appointed him had decided to abolish his position. We reach a stage, at all events, at which, having surveyed the office, the duties attached to the office and the functions performed in the office by the Governor-General, we find that during a period of four years, merely for signing his name to Bills to the tune of about £80 a time, the Governor-General amassed the sum of £8,000. I do not know of anybody else in the State service who manages to get that sum of money from the State for such menial duties in such a short period. I know that thousands of people in the State cannot get a fraction of that from the Government for duties much more onerous, and with much greater domestic and citizen responsibilities than the occupant of this office.

What, therefore, justifies this generosity on the part of the Government? It cannot be said that the Governor-General was overworked, that he was appointed to this office with the title deeds to it for life or that he was led to believe that the office would last for a longer period than it, in fact, did last. The Governor-General, a shrewd old man, must have been well aware of his position in relation to that particular office and it must in no sense have come as a surprise to him that the Government had decided to abolish the post. He was put into the office to do what the Government desired and I rather imagine that one of the first admonitions addressed to him by the President, on taking up that office, was that the Government had no great desire to continue it in existence and that one of these fine days he must be prepared to wake up and find himself an humble citizen once more.

On the Second Reading of this Bill, the Minister for Education, in an endeavour to justify this proposal, talked about the services for the ex-Governor-General during 1916. We are not, in this Bill, remunerating the ex-Governor-General for his services in 1916. This Bill has nothing whatever to do with the ex-Governor-General's services in 1916 any more than it has anything to do with the services of anybody else in 1916. This Bill is designed to reward the Governor-General not for what he did in 1916 but for the leisurely duties he performed between 1932 and 1936. It is simply trying to pull the wool over the eyes of the people to pretend that the ex-Governor-General's services in 1916 have anything whatever to do with the provisions of a Bill of this kind. When we try to find out the real justification for the generosity of the Executive Council, the only explanation we can discover is that given by the Minister for Education on the Second Reading debate, when he said:—

"In the particular circumstances of the time it was an extremely difficult position for Mr. Buckley to accept. It is because we realise that he made a big sacrifice that we are making this provision now."

He went on to say:—

"The office of Governor-General was suddenly abolished and the Government are not going to take up the position that the gentleman who, against his will and entirely out of a feeling to do whatever his duty to his country called upon him to do and to do it at a rather critical stage, is to be left unprovided for when he relinquishes that office in circumstances into which I need not enter."

Taking the Minister for Education as speaking the mind of the Government, we find that the reason for this generosity towards the ex-Governor-General is that he made a big sacrifice and that provision must now be made for him. Will somebody tell us what sacrifices he made between 1932 and 1936? We have loose talk about the sacrifice made by the ex-Governor-General but nobody has attempted to give us an example of these sacrifices. If it is now contended that it is a sacrifice to take a job—a comfortable, leisurely job—of that kind at £2,000, then I do not know anybody in this country who would not gladly make that sacrifice with 1,000 times more avidity than was displayed by the ex-Governor-General. What were the sacrifices made by the ex-Governor-General? If they are so obvious to Ministers, surely they ought not to be so secretive about them. They ought to let the whole community, in justice to the name of the man who made the sacrifice, know what the sacrifices were. While we have had a lot of loose talk about sacrifices, we have not had the slightest indication from the Government as to what type of sacrifice was made. It seems now to have been a sacrifice for the Governor-General to go to the trouble of counting the £2,000.

I protested against the Second Reading of this Bill because I considered it was an outrageous Bill. To-day, the Minister for Justice tried to muster up a little indignation at the sentiments expressed on the Financial Resolution. I should like to hear the Minister for Justice or the Minister for Finance on this Bill if he were on the Opposition Benches. All the indignation the latter Minister displayed yesterday would be multiplied a thousandfold if he were on the Opposition Benches, and this were a Fine Gael instead of a Fianna Fáil Bill. The Government knows perfectly well that, so far as the community is concerned, nobody can discover a reason for the introduction of a Bill of this kind. I do not think that the Party can be terribly happy over its provisions.

Do not worry too much.

It is quite unnecessary.

We will look after ourselves.

Apparently. I do not want you to make confessions about it. I protest against the provisions of this Bill because I cannot see any justification for this generosity. I could not see any justification for it if the proposal were to pay the previous Governor-General a pension of this kind. I could not see any justification for it if it were proposed to pay the first Governor-General a pension of this kind. I am opposed to paying this Governor-General a pension because I do not believe he has earned it and because I do not see that he has done anything during the last four years to justify this munificence and extravagance towards him. Other people whose economic position is much worse than that of the person dealt with in this Bill cannot induce the Government to take the same sympathetic and generous attitude towards them. We are told by the Government that not another halfpenny can be spent on the provision of additional benefits to unemployed people. We are told that not another halfpenny can be given to supplement the low rates of widows' and orphans' pensions paid to persons who come under the non-contributory portion of the Act. We are told that teachers must continue to suffer cuts in their pensions and salaries, that there is no money available to increase them. We are told that thousands of lowly-paid State servants cannot get any more, that there is nothing in the larder to give them. At the same time we are told that we have a proposal to pass a Bill to give £2,000 to an ex-Governor-General, to give him a pension of £500 and to give him a blank cheque for the odds and ends of liabilities which may have to be discharged in connection with his vacation of the office.

It was sought to be alleged on the Second Reading of this Bill that the Governor-General made a big sacrifice. I do not know whether or not that was a sacrifice of prestige. If it was only a sacrifice of prestige, I do not know that we can ever recompense a person for the loss of that prestige in this mercenary way. I think that some effort was made to show that the ex-Governor-General suffered certain financial loss by being called to the service of the State in this leisurely office. If it be true that the ex-Governor-General suffered some financial loss by reason of being asked by the State to accept this position, surely we ought to have the question of loss examined. The Government has just decided to set up a committee to deal with the question as to whether the present salaries and allowances of Ministers and certain other persons are adequate or inadequate. Surely that committee could also examine the question as to whether the Governor-General was in a position to substantiate the claim that he had suffered material loss as a result of having been called to serve the State in this capacity. If we did not desire to have the matter examined by a committee constituted as this Salaries Committee will be constituted, surely we could have asked a couple of judges to examine the loss the ex-Governor-General had suffered, and provide us with a report as to what should be paid to him. I might take a different view of a proposal based on a recommendation of that kind. But we have got no recommendation of that kind. We have got no evidence that the ex-Governor-General suffered any loss. We have got no evidence that he did anything else than make a substantial profit. On top of that, it is proposed to hand over to him in this Bill very generous financial compensation, because his office was suddenly abolished, and because, in the words of the Minister for Education, he made a big sacrifice, which, so far, nobody has been able to set out in any detail.

I am completely opposed to this Bill in so far as it provides this pension for four years' leisurely service for the State. There is no justification for this Bill, and there is no justification for treating this ex-Governor-General in this generous way while thousands of persons in receipt of unemployment assistance benefit are expected to exist on a maximum benefit of 12/6 a week for seven persons, while old I.R.A. men cannot get decisions on claims for service pensions and disability pensions, while thousands of widows are expected to exist on miserably low rates of benefit, and while other classes in the community cannot get their economic and financial difficulties solved. While all that is true, we have this display of generosity towards this ex-Governor-General. No reason whatever has been given for the Bill, and there is no justification for it. It appears to everybody to be needless generosity on the part of the Government in making provision for a person who has been associated with their own Party.

We heard from the Minister for Justice one of the lamest and weakest defences which could possibly be put forward for this proposal. The Minister, as a rule, is a rather quiet speaker in this House, but he tried this morning to lash himself into some excitement. He utterly failed. He certainly did not seem to me though, to use a metaphor with which I imagine he is familiar, he was under whip and spur, to manage to bring any sense of conviction into his own mind. What was the Minister's argument? It was simply this, that Mr. Buckley, if he did not agree to take £2,000 a year, might have got £10,000, but he did agree. All the stumping up and down the country, all the boasting in the Dáil of the value which Fianna Fáil were to get out of getting a Governor-General to do for £2,000, as they said, what cost £10,000 before, was utilised because Mr. Buckley was willing to do his work for £2,000 a year. That was his bargain. That was his agreement. That is not denied. Was £2,000 a year an adequate sum? The Executive Council thought it was, and Mr. Buckley thought it was. Why is there any alteration now? What has happened between the date of Mr. Buckley's appointment and the present time that makes Mr. Buckley worth a pension of £500 a year and £2,000 hard cash?

The Minister gave us no reason for this. He said that Mr. Buckley if he went to law, dishonourably went to law, might succeed in getting arrears. I am not at all clear about that. I am perfectly aware that it is a very sound legal principle that if a man is owed £10,000, and he agrees to take £2,000 of the sum that he is owed, his contract is void for lack of consideration, and he can sue for the other £8,000 if he is a dishonest and a dishonourable man. But I do not at all agree that that principle is applicable here, because this is not a case of Mr. Buckley coming in at £10,000 a year, and then agreeing, subsequently, to receive £2,000 a year. This is a specific contract with Mr. Buckley that he will only be paid at the rate of £2,000 a year, and the consideration in this case is the getting of the appointment. Therefore, the argument that there is want of consideration in the first instance that I put is not applicable here at all, because there is full consideration. Therefore, it is by no means clear that if Mr. Buckley were to sue he would succeed, but even assuming that that were so, how does that justify the Government? To my mind it does not even lay the basis of justification. You have got here the broad simple fact that Mr. Buckley, in consideration of his not carrying out the unwritten duties of his post, was to receive £2,000 a year. That has been altered now gratuitously by the Government out of their kindness of heart, but of course not at their own but at the taxpayers' expense it has been altered into a completely free gift. When we ask the reason why Mr. Buckley is getting this free gift, the Minister gives us none, and I do not suppose that he will attempt to give us any.

The Minister attacked the provision that was made for the previous Governors-General. He attacked the fact that a sum was allowed to them for entertaining. That sum, I would point out, was fixed and settled by the Dáil. Whether it was a wise thing or an unwise thing that the social head of the State should be voted a sum of money to entertain distinguished visitors coming to this country, and that he should expend that sum of money in entertaining distinguished visitors, is a question upon which views may differ. Personally, I think the social head of the State should be in a position to entertain on behalf of the State: not on behalf of any political Party in the State, but on behalf of the State as a whole. He should be in a position to entertain adequately and properly, as becomes the head of the State, distinguished persons or distinguished groups of persons or large associations that come here in an official or representative capacity. Personally, I think that is how that money went. Anyhow, the Government at the time considered that that was correct and did supply the money. The money, in fact, was voted by the Dáil, but this is quite different. Here was no question of entertainment. Here, as I have already pointed out, was a gentleman isolated and living in a hermitage, a compulsory hermitage by the terms of his office, because if he had gone to a single State ceremony, to a commemoration Mass or anything of that sort, in which he would have taken precedence of the President of the Executive Council, of course he would have been sacked immediately. That was known, so that he had to live in his hermitage, and as I have already pointed out, a hermitage is not a place in which you can spend very much money. In consequence, this gentleman must have been making very considerable savings, certainly enough to live upon.

Then we had the extraordinary argument that he took the position against his will, and that, in fact, he hated the job. He is allowed out of the job a year earlier than it was thought he might have gone, and surely the natural conclusion from that would be that he should pay you for letting him out rather than that you should pay him, if he hated the job and was so anxious to get out of it. This argument that he took this job, that he took this £2,000 a year against his will, has certainly absolutely nothing in it. It cuts, as I say, much more the other way. Why should a gentleman be paid a pension for giving up a job before his time— and I understand that is the argument —a job which he was always anxious to give up and which he hated holding —always assuming that he took it against his will? As to whether or not he did take it against his will, I do not know, but it seems to me that he was rather a foolish person because, to any person who wants to retire and to live a secluded life in solitude, this seems to have been a most eminently attractive post that he got—eminently attractive. I daresay that people who like social gaiety, or attendance at race meetings, or anything of that kind, would have found his job extremely unpleasant, but to a gentleman of retiring habits, as no doubt Mr. Buckley is, it was a most delightful thing to be able to live the life of a recluse, to have your little desk and your nice little hermitage, and all the time to have your £2,000 a year mounting up and mounting up, and I am sure being very wisely and suitably invested, so that when you come out of your hermitage and the delights of the world catch you again you will have a very nice little sum of money to spend for the future. I hold, therefore, that there is no necessity or justification for this payment.

I should like to join my word of protest to what has already been said against what is proposed in this measure. The sum involved may not seem to be a very considerable one having regard to the resources of the State as a whole, but I know of no proposal in recent years that has created more disaffection throughout the country than the proposal enshrined in this measure. The principle behind it—or rather it would be better to say the lack of principle behind it—is causing endless talk amongst the people in this country who have been led to believe that it was owing to the hardships and straitened resources of the country that so many of our people had to continue to endure the present conditions under which they live. This Bill seems to be completely at variance with the attitude of the Government, in its dealings with the citizens as a whole, and towards the people to whom Deputy Norton has referred already, the unemployed, the widows and orphans and so on; and it has been asked whether there is any sincerity in the protestations that these people must continue to exist on a mere pittance when another gentleman can be treated in such an extravagantly generous fashion. No justification can be made for this payment. No justification of any sort or kind has yet been made for it, and I do not think that any is possible.

There is one thing that no answer can be made to. It cannot be said that Mr. Buckley, when asked to take up this office, was assured of any kind of fixity of tenure. It must be assumed that he took up the office knowing that it would be abolished as speedily as the Executive Council could determine on the time for its abolition, and it is unreasonable to assume that he got a shock because he was being summarily dismissed from his job, or because he was being asked to abandon a job that he thought would exist for a long time. I do not think it would be reasonable to assume that the President put Mr. Buckley into that job under false pretences, so to speak. Hence, there is no question of Mr. Buckley's having got a rude shock when he heard that his office was being abolished, and I am sure that if he were examined medically, it would be borne out that he suffers no shock by reason of this sudden dissolution of the office.

From any angle or from any standpoint, I do not think any attempt can be made to justify this. It cannot be said that Mr. Buckley was not amply recouped for whatever duties he performed while he held that office, and there were allowances for whatever incidental expenses he may have incurred. To say that it is a liability on the nation to pay him a gratuity of £2,000 now, and a pension of £500 a year, I think, is the most unwarrantable suggestion that ever came from any Government in this country, particularly when this is being given, as I say, at a time when so many of our people are living in poverty and, practically, destitution—hundreds of thousands of our people, if you reckon the unemployed, those working on short relief schemes, and widows and orphans, who get 5/- a week in the country districts to enable them to live for the round of the week, that being set down by the Government as being sufficient now to keep the widow and to relieve her from the local funds by putting her on the central funds—a citizen of this country just as much as Mr. Buckley is.

So long as he was being paid for honourable services rendered to the State I would not object at all to any reasonable compensation or remuneration being paid to him, but I flatly object and protest against the proposal contained in this measure as being nothing short of graft. No other word that I know of would describe it. I have nothing personally against the gentleman in question, and I am sorry that it should be necessary that his name should be brought in and dragged through the House in this fashion, but I want to protest against the indecent action of the Government in offering this affront to the people of this nation, which is what they are doing in giving this extra generous treatment to the ex-Governor-General at a time when so many of our people are suffering under such hardships.

I do not think there is really much sincerity, particularly from the Opposition Benches, in their opposition to this measure, because I was reading a speech by Deputy Cosgrave in Cork, I think, the weekend before last, and he wished this gentleman, Mr. Buckley, long life and hoped that he would live many years and enjoy his pension and that he would make the best possible use of his gratuity. That was a generous speech, and I am surprised that Deputy Fitzgerald-Kenney did not follow the same lines as Deputy Cosgrave this morning. Deputy Keyes has talked about the widows and orphans and about the unemployed. Of course, that is a slogan of the Labour Party that will never die. However, it must be remembered that we had former Governors-General here at one time drawing £26,000 a year, and we had widows and orphans and unemployed people at that time, too.

Did the Deputy say, drawing it?

Yes—well, spending it, I suppose. It was £10,000, plus the allowance. If the Labour Party were sincere in their opposition to this measure, they should not have waited till now to express it. They should have expressed their opposition when £26,000 a year was being expended by Mr. Buckley's predecessors in office. We had widows and orphans and unemployed people then, and the Labour Party should have tabled a motion to reduce the salary and allowance of the Governor-General at that time. It would have been more in keeping then than all this that we are now having. After all, I do not think it is an extravagant sum at all. Deputy Keyes said that if Mr. Buckley had rendered any service to his country, he would not have objected at all to this. There was nobody in this country who rendered more or better service than Mr. Buckley did.

As Governor-General?

As an Irishman, and at a time, too, when it was not fashionable, and when there was a risk in serving his country, and I do not know anybody, friend or foe, in this country, who has anything but admiration for the type of man such as Mr. Donal Buckley is. He served his country according to his own lights, and he served his country in a way in which, possibly, very few at that time thought of serving it, and I want to say that, if Deputy Cosgrave were speaking again to-morrow, I believe he would be one of the first to pay a tribute to this man.

Deputy Donnelly has let the cat out of the bag with a vengeance. It appears now that Mr. Buckley is being rewarded for his services in 1916 and not for his period of office as Governor-General at all.

I did not say that. On a point of correction, Sir, I did not say that at all. Deputy Keyes had referred to Mr. Buckley and said that if he had rendered any service to his country he would not object, and I simply pointed out the services he had rendered.

I want to protest, Sir, against this deliberate red herring that has been introduced by Deputy Donnelly. I spoke about the services which Mr. Buckley had rendered to the State, that earned this amount, and I was not speaking of his national service.

The Deputy can look up the Official Report.

These comparisons between what was drawn by previous Governors-General and Mr. Buckley have nothing at all to do with the case. The essential difference is this: It was the policy of the Government that preceded the present Government to have a Governor-General and to let him perform certain duties, whereas it is the policy of the present Government, and has been their policy all along, not to have a Governor-General except as a cipher. If a man is to behave as a cipher, to be forced to act as a cipher, and to be nothing but a cipher, his removal from office cannot be regarded in the same light as that of a man who had been performing duties, and it is not suitable or right that the conditions under which former Governors-General were appointed or removed should be looked upon as any guide.

It was the former Executive Council that determined the former conditions.

This Executive Council appointed Mr. Buckley, and his duties were to be a nullity. Even though his duties were to be a nullity, they remunerated him on a basis higher than that of any of the Ministers. His office was a nullity and he was remunerated on a higher basis than any of the Ministers, and at the end of all that they provide a pension for him. I listened most carefully to the President's defence of what is being done here and I remain as convinced as I was at first that this is a transaction that cannot be defended with any plausibility or reality.

I would not intervene in this debate again were it not for Deputy Donnelly's remark that there was no sincerity amongst the members of the Opposition. Perhaps amongst the members of the Opposition, there is just as high a regard for Mr. Donal Buckley, in his private capacity, as there is amongst Deputies of the Government Party.

They have a peculiar way of showing it.

But forgetting my personal regard for the ex-Governor-General in his private capacity, I must repeat my protest against this unwarranted motion to grant him a pension. If this were purely a compassionate allowance for somebody who had filled some position, whom the Government felt they should compensate, there might be something to be said for it. If it were even a question of allowance or pension for a person who held a big position in this country, a position which was hitherto regarded as non-pensionable, and that this particular person had performed the duties of that office in an exceptional way, there might be no objection to granting that person a gratuity or pension. Here, however, we have no evidence whatsoever that the gentleman in question ever performed any services. If he did, they were services which, as Deputy MacDermot said, were almost negligible. As far as we can see, this is a proposal to compensate Mr. Buckley for a voluntary three years' seclusion. There are many Deputies even amongst the members of the Government Party who would hide themselves securely for three years for one-quarter of that sum. I believe there are Deputies even in our own Party who would accept one-quarter of that sum and hide themselves securely, so securely that nobody could find them for three years. They would not feel that they were in any way aggrieved afterwards by not getting a pension. Here we have a gentleman who filled a position entailing no important or elaborate duties at a salary of £2,000 a year with perquisites, a house, etc., thrown in, and it is proposed that he should receive from the people who appointed him a lump sum of £2,000 and a pension of £500 a year. I do not think that any honest Deputy could allow such a measure to go through this House without protest.

Deputy Norton made a comparison between the treatment given to this gentleman and the treatment given to many other citizens who held less exalted positions in this country. There is a village in my own neighbourhood where there is an unfortunate postman who served his country as well as Mr. Buckley did—not for three years, but for 19 years and at the end of these 19 years he finds himself, as the Government say, incapacitated from all work. At least, he was temporarily incapacitated. He is now able to perform the work, as far as I know, but he cannot get back his job because he was pronounced incapable of performing his duties. This unfortunate man is now trying to exist upon 3/- a week. There may be reasons why it is impossible for the Department to give this unfortunate man any allowance or pension, but if there was the same anxiety for the under-dog who served the State as there is in this particular case for another gentleman, means would be found by which this unfortunate man would get some compensation after his 19 years' service, so that he need not almost be a beggar on the streets. It is idle to repeat the arguments against this particular measure. I felt that I, for one, could not allow it to pass this House without offering the strongest protest I could put in words. I can only say what I said when I spoke on the original motion, that it is a scandalous measure.

It was not a scandal when the late Government thought fit to spend three times as much on the previous occupant.

I only want to refer to two or three matters raised by Deputy Norton which were not dealt with on the financial resolution. Deputy Norton pointed out that Mr. Buckley had a mansion free. That is not correct. The Deputy was probably confusing him with the previous occupant of the office. The relevant position and the relevant comparisons are that Mr. Buckley had a salary of £2,000 free of income tax, whereas he was entitled to £10,000. He had an allowance of £1,200 for expenses, and out of that he paid the rent of his residence. Both he and his predecessor had provision made for an official staff and for a motor car. His predecessor, in addition to £10,000 salary, of which £7,500 was free of income tax, had an allowance of £3,000 for expenses, free of income tax, and he had a free residence. These are figures which, if one takes them roughly, show a saving over four years of something like £32,000. I referred to the fact already that Deputy Fitzgerald stated here on the last day that the President stated that there was £7,500 free of income tax out of the £10,000, while it was stated before the Public Accounts Committee that only £6,000 was free of income tax. Deputy Fitzgerald-Kenney said in reply that it came before the Dáil. I am not making any point about it, but on the 9th April, 1930, the allowance, free of income tax, was increased by the Minister for Finance from £6,000 to £7,500.

It has been stated here that it is on account of his 1916 services that Mr. Buckley is being remunerated, and we are told that 1916 has nothing to do with it. I suggest that it is not for 1916 that he is being remunerated or that this provision is being made for him, but 1916 has a lot to do with it in this way. As many Deputies on the opposite benches understand, the people who had 1916 service continued on in the movement and, as I said earlier here, thought more of their country and less of themselves. They were not able to make the same provision for themselves as other people who thought more of themselves and less of their country.

A pity you did not think of that before you came into office.

What is the point?

The Military Service Pensions Act.

We did not avail of that ourselves.

Is that the only thing that can be held against this Bill?

By no means.

In that way I suggest 1916 has a lot to do with it. I do not think here that anybody will suggest that when Mr. Buckley took on this office he was a man in affluent circumstances. I suggest that was because of his services to his country. The grounds for making this gratuity and the grounds for giving this pension are simply to make provision for Mr. Buckley for his remaining years. It has been suggested that out of £2,000 a year for four years he was able to make ample provision for the rest of his life. I do not think any reasonable member of the Opposition could seriously suggest that out of £2,000 a year for four years—as I say, not having been in affluent circumstances when he went into office—he could have put away what some Deputy referred to as a nest-egg, and would be able to live on that for the remaining years of his life. I do not know what the gentleman's age is, but this is to make provision for his remaining years, and I think it is a very small provision. We have already had the legal position referred to by Deputy Fitzgerald-Kenney. There was a constitutional and statutory right under Article 60 of the Constitution entitling the Governor-General to £10,000 per year. The constitutional right, undoubtedly, was abolished on 11th December last. The statutory right remains. Under Section 4 of this Bill, we are abolishing that statutory right, but I do say that there would have been an enforceable claim by either the late occupant of the office or his personal representative to sue for the full salary.

To sue, but if the Dáil did not vote it could he get it?

The Dáil voted it each year.

But if the Dáil did not vote it, could he get it?

What was given back —that £8,000 a year—was given back voluntarily.

If the Dáil did not vote it, could he get it?

Did that deprive him of a legal claim?

But I say if the Dáil did not vote the money, could he get it?

Does not the Deputy know perfectly well that if the gentleman went into court he could get a decree? I am not saying that it is owing to any considerations like that we are making this provision. Does not the Deputy know perfectly well that if the gentleman went into court and got a decree the Dáil would not override that decision? It would come back here and vote the money.

That is another question altogether.

We are always talking about the independence of the judiciary. Was this Dáil going to ignore a decision of the courts?

The courts have already admitted the independence of this Legislature.

I am only stating the simple fact that he had an enforceable claim for this £10,000, and if he went into court and got a decree I am quite certain this Dáil would uphold that decree. I am also stating that it was not under any considerations of that sort that we came to this House to make this provision. I stated that this man had served his country in the past, and was not looking for anything in the way of enforcement of a legal claim. This is simply and solely to make what we consider a very small provision, but a very necessary provision, so that he can get a house. That is the meaning of the gratuity—to set up a house—and this allowance of £500 a year will enable him to live in some little degree of comfort for the remaining years of his life. I think it is not a big provision; I think it is a reasonable provision.

Deputy Keyes talked about a lot of criticism down the country. I am quite sure that nobody on those benches will for a moment think that Deputy Keyes was very concerned about what criticism there was down the country, except from the same point of view as Deputy Norton was talking about criticism down the country. Should they not be extremely grateful to us for providing criticism? Is not that what they want? It is really futile getting up here and making a case like that. If they try to keep us right in that way there will not be anybody in the country in a position to criticise us, and that will mean the elimination of labour throughout the country. That is only in keeping with other arguments which we had here. Some of the speeches made here to-day might be better made either in Kildare or in Limerick, instead of wasting the time of this Dáil by making them here.

Question put: "That the paragraph proposed to be deleted stand."
The Committee divided: Tá, 45; Níl, 28.

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Brady, Seán.
  • Briscoe, Robert.
  • Browne, William Frazer.
  • Carty, Frank.
  • Concannon, Helena.
  • Corkery, Daniel.
  • Crowley, Timothy.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Donnelly, Eamonn.
  • Fogarty, Andrew.
  • Gibbons, Seán.
  • Goulding, John.
  • Harris, Thomas.
  • Kehoe, Patrick.
  • Kilroy, Michael.
  • Kissane, Eamonn.
  • Little, Patrick John.
  • MacEntee, Seán.
  • Maguire, Ben.
  • Moane, Edward.
  • Moore, Séamus.
  • Moylan, Seán.
  • Neilan, Martin.
  • O Briain, Donnchadh.
  • O Ceallaigh, Seán T.
  • O'Grady, Seán.
  • O'Reilly, Matthew.
  • Pearse, Margaret Mary.
  • Ruttledge, Patrick Joseph.
  • Ryan, James.
  • Ryan, Martin.
  • Ryan, Robert.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Victory, James.
  • Walsh, Richard.

Níl

  • Anthony, Richard.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Coburn, James.
  • Corish, Richard.
  • Cosgrave, William T.
  • Costello, John Aloysius.
  • Desmond, William.
  • Dillon, James M.
  • Dolan, James Nicholas.
  • Doyle, Peadar S.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Keating, John.
  • Keyes, Michael.
  • MacDermot, Frank.
  • McFadden, Michael Og.
  • McGovern, Patrick.
  • Minch, Sydney B.
  • Morrisroe, James.
  • Morrissey, Daniel.
  • Mulcahy, Richard.
  • Nally, Martin.
  • Norton, William.
  • O'Neill, Eamonn.
  • O'Sullivan, John Marcus.
  • Pattison, James P.
  • Reidy, James.
Tellers:—Tá: Deputies Little and Smith; Níl: Deputies Corish and Keyes
Question declared carried.

Amendment No. 2, in the name of Deputy Norton, "to delete sub-section (3)," seems to be the same as the previous amendment, to remove the provision for financial allowance in the Bill. I take it the Deputy will accept the decision on the last amendment as governing this one.

I am prepared to accept the decision on the last amendment as governing this amendment.

Amendment No. 2 not moved.
Sections 4 to 8, inclusive, and the Title agreed to.
Bill reported without amendment.

When will the next stage be taken?

I suggest taking it now.

That was not part of the agreement.

If there is any objection, I am not pressing it now.

This is the preliminary canter.

I think practically everything that could be said has been said. No amendments were put in by the Opposition. We will have it on Sunday, I suppose.

We will not keep you long next week.

Is it agreed that the Report Stage should be discussed in the country on Sunday or next week here? I prefer to have it here on Tuesday.

Report Stage fixed for Tuesday, June 8th.

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