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Dáil Éireann debate -
Tuesday, 5 May 1942

Vol. 86 No. 11

County Management (Amendment) Bill, 1942—Committee and Final Stages.

Section 1 to 3 inclusive ordered to stand part of the Bill.
SECTION 4.

I move amendment No. 1:—

At the end of the section, page 4, to add a new sub-section as follows:—

(2) For the purposes of the selection by the Local Appointments Commissioners, in pursuance of sub-section (3) of Section 4 of the Principal Act as amended by this section, of a person to be recommended by them for appointment to the office of the first county manager for a county or for each of two grouped counties, the following provisions shall have effect, that is to say:—

(a) no person shall be taken to be the county secretary of a county except the person (if any) who is the permanent county secretary of such county at the passing of this Act and is still such permanent county secretary at the time of such selection, save that the person (if any) who is the permanent county secretary of a county at the passing of this Act shall, for the purposes of such selection in relation to the office of the first county manager for that county or for each of two grouped counties of which that county is one, be deemed to be the county secretary of that county if, at the time of such selection (having then ceased to be such permanent county secretary), he holds an office under any body which is a local authority for the purposes of the Local Government Acts, 1925 to 1941;

(b) no person shall be taken to be the secretary to the board of health of a county health district except the person (if any) who is the permanent secretary to such board at the passing of this Act and is still such permanent secretary at the time of such selection, save that the person (if any) who is the permanent secretary to the board of health for a county health district at the passing of this Act shall, for the purposes of such selection in relation to the office of the first county manager for the county in which such county health district is situate or for each of two grouped counties of which that county is one, be deemed to be the secretary to such board of health if, at the time of such selection (having then ceased to be such permanent secretary), he holds an office under any body which is a local authority for the purposes of the Local Government Acts, 1925 to 1941.

The purpose of this amendment is to preserve in those counties in which the appointment of the first permanent manager is deferred the priorities for appointment which the Principal Act gives to the county secretary and the secretary of the board of health. In view of the postponement of appointments of the first permanent managers in certain counties some of the county secretaries or secretaries of boards of health in these counties may possibly go forward for other counties and be selected and appointed. In that event, as the Bill stands, these officers would lose their priority in their own county, and a new county secretary would get it. The amendment will prevent that and will preserve the priority they have, so that they will be considered in the same order as if the permanent appointments in their own counties had not been postponed. When the time would come to reconstitute the county council, of which the officer concerned had been secretary at the date of the passage of this Bill, he might desire to exercise the right conferred on him by the Principal Act— that is to say, the right of being considered on the ground of suitability and of priority over other candidates— and this amendment seeks to preserve to him the right to apply for the post of county manager in what I might describe as his own county with exactly the same rights as under the Principal Act.

Amendment put and agreed to.
Section 4, as amended, put and agreed to.
SECTION 5.

The principle of grouped counties has been decided in the Principal Act, and is in no way reopened in the present measure. Hence, amendments Nos. 2, 3 and 4 may not be moved—nor discussed.

I move amendment No. 5:—

In page 5, at the end of the section, to add a new sub-section as follows:—

(3) A commissioner who is or has been a member of a body which is a subsidiary body (within the meaning of Part IV of the Act of 1941) of the body for which such commissioner is the commissioner or one of the commissioners may, notwithstanding anything contained in Section 70 of the Local Government Act, 1925 (No. 5 of 1925), be appointed to and hold the office of the first or any other county manager or assistant county manager for a county or each of two grouped counties, or the office of Dublin Assistant City Manager.

Section 70, of the Local Government Act, 1925, disqualifies a member of a local authority from holding an office of profit or being employed by any local authority while he is a member, or within 12 months after he has ceased to be a member, of such local authority or any other local authority whose functional area is in the same county or any adjoining county or county borough. A county commissioner is usually appointed to represent the county council for which he is acting on joint bodies such as a joint committee of management of a mental hospital. Such appointments have been made by the Minister under sealed order. The commissioner thus becomes a member of a local authority and, as the law stands now, he could not hold the office of temporary county manager or assistant county manager of the county in which he is acting as commissioner. It is necessary, therefore, to remove the disqualification in Section 70 of the Act of 1925 so far as it affects the appointment temporarily of commissioners to the two classes of offices created by the County Management Act of 1940. The amendment is designed to secure that such disqualification will not happen in the case of those who are acting temporary county managers— that is, the disqualification from acting on the committees of management of mental hospitals and such institutions.

Amendment put and agreed to.
Section 5, as amended, put and agreed to.
Sections 6, 7, 8 and the Title agreed to, and Bill reported with amendments.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.
Question—"That the Bill de now pass"—put and agreed to.
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