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Dáil Éireann debate -
Tuesday, 4 Jul 1939

Vol. 76 No. 14

Committee on Finance. - Clerk of Seanad Eireann (Compensation) Bill, 1939—Second Stage.

I move that the Bill be now read a Second Time. The object of the Bill is to provide, under certain special circumstances, a special compensation allowance to the person who held the office of Clerk of the former Seanad Eireann prior to its abolition by the Constitution (Amendment No. 24) Act, 1936. The person appointed to that post took it up under very special circumstances. The post was not one which might be described as being in the ordinary Civil Service, but its holder at the date of his appointment happened to be a transferred officer. He was pressed to take up this post, and only did so on the understanding that his Article 10 rights would be fully secured to him, and an undertaking to that effect was given by the head of the Government of the day with, I understand, the full sanction and approval of the Government of the day. When this particular post came to be abolished it was discovered that, because the appointment to the post had not been in the ordinary course of promotion in the Service, the officer would not be entitled to Article 10 rights, notwithstanding the very specific undertaking which had been given by the then President of the Executive Council, now Deputy Cosgrave. Deputy Cosgrave pointed out that public faith was fully pledged in this matter; the present Government is fully satisfied that that pledge was given, and it only remains now, in view of the defect in the Act of 1929, to bring in this special measure to honour that pledge and undertaking.

Mr. Brennan

We have really nothing to say on this Bill. The pledge apparently was given. This gentleman was deprived of his office, and even though it was due to the vacillating minds of people like the Minister for Finance who, after abolishing the old Seanad set up another Seanad, nevertheless the obligation must be honoured. We agree that this gentleman's rights must be preserved and that he must get whatever is rightly due to him. I understand that the Minister is making a provision which is acceptable and we are in agreement with it.

Question put and agreed to.
Agreed that all Stages be taken now.
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