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Dáil Éireann debate -
Tuesday, 14 Dec 1943

Vol. 92 No. 6

Vocational Education (Amendment) (No. 2) Bill, 1943—Committee.

Sections 1 to 3, inclusive, put and agreed to.
SECTION 4.

I move amendment No. 1:—

1. In sub-section (1) to delete the following—

"Year commencing on 1st April, 1944, and every subsequent year—7d. in the pound."

and substitute the following—

"Year commencing on 1st April, 1944—6d. in the pound.

Year commencing on 1st April, 1945, and every subsequent year— 7d. in the pound."

It was hoped that it would be possible for this Bill to become law before 1944. It will be noticed that, as regards the financial provisions, the Minister is empowered to make certain demands on a local rating authority, which he would make in the month of December, so as to enable the authority to make the necessary arrangements for raising the additional rate in the financial year then following. For example, if the Minister made the demand in December, 1943, the rating authority would make provision for raising the additional rate in the financial year 1944-45. As it is clear that that will not now be possible, and as, if the Bill becomes law, the Minister will not be in a position to make the demand until December of next year, it has been found necessary to change the dates in the section. This amendment sets out the consequential changes which it is necessary to make.

Amendment agreed to.
The following amendment was agreed to:
2. In sub-section (2) to delete the following:—
"Year commencing on 1st April, 1944, and every subsequent year—5d. in the pound."
and substitute the following—
"Year commencing on 1st April, 1944—4d. in the pound.
"Year commencing on 1st April, 1945, and every subsequent year—5d. in the pound."
—(Minister for Education).
Section 4, as amended, agreed to.
Section 5 agreed to.
SECTION 6.

I move amendment No. 3:—

In sub-section (1), line 31, to insert after the words "specified age" the following words "not lower than 65".

We went over a great deal of the ground covered by this amendment on the Second Stage, and I do not think that it is necessary to repeat much of what was said on this question of the retiral age. The Minister indicated, in his reply on the Second Stage, that 65 years would be the age around which the retiral limit would be fixed. He also stated that there might be cases where a lower age limit would be fixed. That seems to have created some dissatisfaction in the service, and the purpose of this amendment is to pin the Minister to fix the retiral age at not less than 65 years. I do not think that there can be serious opposition on the part of the Minister to accepting this proposal.

I explained that it might not be possible to fix the age limit at 65 years—though that is the limit which I would have in mind generally—for all classes of officers of vocational education committees. It may be considered that certain classes of teachers—for example, instructors in physical training—are not able to give good service at 65 years of age. The section, as it stands, has the advantage that it gives the Minister a certain amount of freedom in dealing with particular classes of teachers. While it is true that there may be a class, or classes, of teachers in respect of whom, for good reasons, a lower age limit than 65 years may be fixed, it may also happen that the Minister may make arrangements to meet the position of officers who will not have the requisite amount of teaching service, or general service if they are administrative officers, at the age of 65 years. The Minister has a certain discretion under this section as regards classifying a particular section of officers to whom it may be considered necessary to give special treatment.

In that connection, as I have already informed the House—this is not strictly relevant to this section but it may save discussion later—the superannuation code is laid down in the Local Government Acts and it is not feasible, in my opinion, to have one code for vocational education officers and another code for officers of local authorities, generally. The superannuation code is really a matter for the Minister for Local Government and Public Health. It is his function to sanction, or refuse to sanction, the pension awarded by a local authority. As the House has been informed, a superannuation measure is at present in course of preparation. I have no doubt we shall hear on that measure many references to the question of years of service in connection with the clauses to which vocational education officers seem to take exception in this Bill. When the measure which is in course of preparation comes along, it may be possible to deal with special cases which it is not possible to deal with as matters stand, by way of consultation between the Minister for Local Government and, say, the Minister for Agriculture in connection with officers of county committees of agriculture or with myself in the case of vocational education officers. In any case, if it is not possible to deal with particular cases by way of consultation, the measure to which I refer will enable us to do what is not possible under the present Bill—that is, to deal with amendments generally, if such should be considered necessary, to the superannuation code. I cannot accept the amendment because I feel that a certain discretion ought to be permitted to the Minister, but I should like to say quite definitely that there is no intention whatever of doing anything harsh or arbitrary as regards the retiral age. Before the Minister communicates his decision on that matter to the vocational education committees, he will examine the whole position carefully and, if special arrangements have to be made, it may be found feasible to do that in the case of certain classes of officers. On the other hand, the House may rest assured that the Minister will not depart from the general rule of fixing 65 years as the normal retiral age unless he has very good reasons for so doing. There is no ground whatever for the assumption, which seems to be gratuitously made, that, in connection with this measure, the Minister proposes to act in an arbitrary way. There is no intention of inflicting any hardship on present officers of committees but it is intended—and I think this section and other sections of the Bill will conduce to that end—to get the maximum efficiency from the vocational education service in the interests of the country, of the students and, I hope, in the interest of the officers themselves.

Whatever fears or uneasiness anybody had previously regarding the powers that are being taken by the Minister under this particular section, I think they have been very much increased by the statement which we have just heard from the Minister. As Deputies understood the Bill, we took it that the Minister was going to fix an age limit for all officers, and we were given to understand that it would be 65. Deputy Connolly's amendment aims, as it were, at pinning the Bill down to that limit: that there should be no curtailment of the rights of officers to finish their service at that age. Now, the Minister tells us that the reason why this question is being left open is that he may be empowered to retire certain officers compulsorily at, possibly, a very much lower age than 65. He instanced the case of physical instructors. The position is that we are being asked to give the Minister a blank cheque. If we are to take physical instructors as one instance, it would be justifiable to argue, in the case of any officer who has to travel pretty long distances on a bicycle in order to carry out his duties, that a lower age limit should be fixed for a particular officer or for particular offices. Of course, the Minister argues that nothing unjust or unreasonable will be done under the Bill. I do not want to have a tilt at any particular Minister or Party, but I want to say that we have been listening to that kind of argument for the best part of 20 years. When, however, a Bill giving power to a Government or a Minister reaches a Department, the Minister ceases to count at that moment. The power given will be exercised by a group of officials, and in their exercise of it they will be influenced, as we are ourselves, by the state of their livers— on a particular morning. That is the position in which we are placing these officers. They will be jockeyed in or out of their livelihood not according to the Minister's judgment but to that of any higher official within an immense Department. There is in a Department, as there is in every walk of life, a certain esprit de corps, and the life of a Minister would not be worth his position as a Minister unless he was prepared to stand four square over any action taken by officers in his Department. Therefore, once action is taken, once the notice goes out, once the death sentence is served on an individual, he will have to go on his 49th birthday. We know that any Minister will stand over that. Since we do know it why all this “hush, hush; trust the Minister.”

There are not so many different types of offices held by vocational officers under the Minister. Why are we not told in the Bill the particular officers for which the Minister proposes to fix a lower age limit? It is unfair to ask Parliament, which is an Assembly made up of responsible people with obligations to others, to legislate in blinkers: to give authority to any official, or group of officials, to terminate the office of other officials without telling them why, and at what age. Surely, there is nothing unreasonable in asking that an officer of the State who is going to be affected by legislation should be told in that legislation at what age he must go. Does the Minister consider it unreasonable, when bringing forward legislation which vitally affects the livelihood of good officers, that we should hesitate to tell them in that legislation the age at which we are going to fire them? There may be a case for retiring people at an earlier age from some offices and not from others. Surely, the Minister is so conversant with the work of his Department as to be able to say the types of offices for which he proposes to fix a lower age limit than 65, and to tell us why. If he does that, then the committee will either pass or reject the legislation with a full knowledge of the facts and of the consequence of what is being done.

I am brought to my feet to protest against the treatment that is being meted out to this Assembly and the treatment that may be meted out to officers under this Bill. The proposal here indicates that we are reaching a nice state of affairs. This is probably an outcrop of the procedure of giving authority to a Government to do practically anything by regulation without consulting Parliament. Parliament is now being asked to give power to dispense with the services of officers throughout the country for reasons not stated, and at ages not stated, and all on the mere acceptance of the phrase that nothing unjust will be done. The Minister did not always sit where he is sitting to-day. When he spoke from these benches, he very frequently referred to the powers given in good faith by Parliament, powers which, he suggested, had been either abused or misused.

There is a lot of reasonable uneasiness about this Bill. If, for example, legislation was being enacted by some other assembly laying down the age at which Deputies of this House should be compulsorily retired, and that we were outside the building, we would insist that the representatives we had inside would find out clearly at what age we were all going to be sacked by law, and why. If the Minister in charge stood up and, in a plausible kind of way, said "Oh! we must have a different age limit for the different constituencies because there is a lot more travelling to be done in one constituency than another", we would certainly not be half-men if we did not insist that our representatives inside would find out the exact age limit for every single constituency. We would insist that they should be told that, and that it would appear in black and white in the Bill. In this matter, the Minister is not dealing with a lot of trusting children, either in this Assembly or outside of it. He is not dealing with a lot of stupid boobs. He is not dealing with a lot of people who do business on the basis of "Pay your money and then hope for the best". We are asked seriously, as a legislative Assembly, to give the Minister powers to retire certain officers because of age, and the age is to be fixed according to the type of office that they hold. There are about three different types of offices affected by this particular Bill. Will the Minister give an indication as to the group of offices in which people will be retained up to 65 years of age and as to what group of offices they will be compulsorily retired younger?

We have just been dealing with the Children's Allowances Bill. That is linked up with another Bill dealing with income-tax. The Minister in charge of the Children's Allowances Bill was able to anticipate how people would be affected by the other Bill under the other Department. The Minister in charge of this Bill washes his hands of the whole pension side of the matter, because he said that is to be dealt with by the Minister for Local Government; that the pensions will be administered through that Ministry, and therefore that the Minister for Local Government in another Bill will let us know how the victims of this Bill are to be dealt with. Is that reasonable treatment? Does the Minister for Local Government live so very far away from the Minister for Education that there can be no contact, no consultation, no collaboration between the two of them; that he cannot find out the mind of the Minister for Local Government or the mind of that Department before he comes in here asking for powers to dismiss officers? Will the Minister give us any indication as to how the Minister for Local Government will deal with physical instructors, we will say, who may be considered too old at 40? How are they to be compensated? Are we to give the powers first to have their services terminated and then wait for another Bill to see how they will be treated?

I think the amendment is a perfectly reasonable one. If the Minister objects to that amendment because he wants to exclude from the terms of that amendment certain offices where physical instruction is part of the duties, then he should let us know what these offices are and at what age he proposes compulsorily to retire the holders of these offices. It is not sufficient merely to get up and say: "I object to that amendment because I want a free hand. I want a free hand from the Dáil either to do the fair thing or the unfair thing, but you must take it that an unfair thing will not be done." The Minister might consider a thing fair that the House would consider unjust, and that the officer affected would consider very unjust. The least that should be insisted upon is that the Minister should give us an indication as to what group of officers he proposes to retire at an earlier age than 65, and what particular terms he proposes to give them to compensate them for the early termination of their career.

The Minister stated in reference to this amendment that there were certain categories which should be retired at an earlier age. In his speech he mentioned that there are some types of teachers in respect of whom it will be necessary, perhaps, to fix a lower age. But the Minister only specifies the physical instructor. Will the Minister tell us how many physical instructors are whole-time officers subject to pension under the vocational education committees, so that we can have an idea of the extent of the exception that he requires? He only specified this one category. That would give the House an idea how far it would be necessary to give the Minister this discretion which he asks for. If there are several categories of that kind, then it may be necessary to give him that discretion, even though it may not be considered quite fair to the officers. But, if there is only the one category, the physical instructors, who I think constitute an infinitesimal proportion of the number of whole-time officers of the vocational education committees, then it will be seen that there is a very small basis for his argument. Until we have some information on that point, it is difficult to continue this discussion. Perhaps the Minister will tell us how many physical instructors there are who would be affected by leaving the section open so that he could reduce the age to 60 or lower.

I have not the figures with me. The numbers, I am sure, are not great. I gave the case of the physical instructors as an example. I said that what is sought is that the Minister should have some discretion in this matter and be empowered to fix different ages, if he wishes, for different classes of officers. Bearing in mind that the normal retiring age would be 65. I indicated that such exceptions would be only made for very good reasons. I do not think I have anything further to add.

The point about the physical instructors is one that I think we should pursue, because to my knowledge—and I think the House can easily imagine it—there would be very few vocational education schools of such dimensions as to justify the employment of a whole-time physical instructor. I think they are mostly part-time instructors and that they would not come under this Bill at all, because they would not be subject to pensions, they could not be retired, and they are paid in quite a different manner. I was about to make reference to the Minister's final remarks on this amendment when Deputy O'Higgins interposed, and I must say that his remarks rather shook my intentions. I did think, from what the Minister stated, that he was prepared to be more amenable to the views of the vocational education officers and to the point of view expressed by Deputies. I should like to believe that that is so. I should like to think that he is inclined to mitigate some of the hardships that will flow from this Bill if it is passed in the way that it is at present drawn up. These sections hang so much together that it is very difficult to argue on one amendment specifically. If, for instance, we knew what was the intention of the Minister in regard to Section 8, it would be much more to the point and these other sections bearing on it would not be presented in such a light as they are now. They would not be of such importance, and many of the officers who might be affected even by this amendment on the question of the age limit would be perfectly satisfied to endure whatever ills might flow from the passing of the section in its present form. They would be prepared to trust to the words of the Minister that everything would be looked upon in a reasonable manner. Even though Deputy O'Higgins has far more experience than I and even though I may be going into a pitfall, owing to my inexperience, I think it would be the view of officers generally that in regard to many of these other questions, they would be quite satisfied to trust to the reasonableness of the Minister and to his taking a considered view of the various cases as they arise, if they were more or less certain that what they fear under Section 8 would not materialise.

I am quite sure the Minister has only one desire, that is, to make for the greater efficiency of the vocational education scheme in the country, but I wonder, if he applies that test to it and examines the disquietude which will be created in the minds of his staff—and surely we ought to preserve the happiness, concord, satisfaction and confidence which arise out of the protection of the legislation under which they work— and which they fear so much, as indicated by the propaganda lately issued to Deputies and resolutions passed by vocational teachers throughout the country, would he feel justified in pressing this demand for the omnibus powers he is seeking to impose possibly a variety of ages in respect of a variety of officers under his control.

Personally, I do not stand for anything more than a retirement age of 65, but I think, since 65 is the age limit under which they are working at present, and since we have not been made aware of anything in relation to the operation of the vocational education scheme which would justify this great departure, the Minister should very seriously consider whether or not he is insisting on something which would be harmful to vocational education instead of providing the benefits which it was hoped the introduction of this measure would provide. The Minister has ample powers to put away any officer at any time, if that officer is found to be unsuitable. He is not limited to 65 or 35 years. If an officer is proved to be unsatisfactory for the carrying on of his work, there are, and rightly so, ample powers to remove him from the service and one naturally wonders what can be the underlying reasons for the Minister finding it necessary to seek these very wide powers and for compelling people to work under a sword of Damocles, not knowing at what age or at what time the sword may fall.

They are unlike civil servants in that, owing to the nature of their duties, they are often called to the service at a much later age than civil servants. It is scarcely possible for them to enter the service at such an early age as civil servants. Having spent a period in the training colleges, when they enter the service they can have very little expectation of giving the period of service necessary for a full pension. In the Civil Service, where that age limit is supposed to operate, we find extensions, in recent times particularly and, in my opinion, to an objectionable extent, are given to people in high places to enable them to carry on after the age of 65. This is not the time to talk about that matter—perhaps I shall talk about it at another time and in another place—but one wonders, as Deputy O'Higgins said, whether there is really any relation between the policies of one Minister and another.

We have been told that this is an effort to bring the officers concerned here into alignment with Local Government officers, but it is not going to put these officers in alignment with officers in the Department of Industry and Commerce, where the age limit of 65 which should operate is being frequently violated at present. While I would not ask for the fixing of a higher age than 65 years, I think that, when men have worked for years under the security which they thought they had under the 1930 Act, it is a grave cause of unrest and may possibly lead to a dislocation of the service if the Minister persists in claiming to get the section through as it is. Deputy Connolly's amendment is very reasonable. The Minister could function very usefully under it and it preserves to him all the powers he requires to maintain efficiency in the service without disturbing that harmony and confidence which is the great essential to the successful carrying on of the work of these officers.

Deputy Connolly stated that intimation of the attitude of the Minister towards Section 8 might shorten the discussion on this age limit.

Yes, so far as I am concerned.

That is the snag. If the Minister were to make a statement now as to his attitude on Section 8, with the permission of the Chair, and the House not objecting, I want it to be understood that Section 8 will not be under discussion. The Minister may briefly state his attitude. Section 8 may be fully discussed when reached.

The Deputy who has just spoken does not seem to be aware, although I think I emphasised it in my speech at the end of the Second Reading debate, that the sections to which objection seems to be taken in connection with officers are based almost word for word on the corresponding sections of the Local Government Act, 1941. The relationship between the Department of Education and the Department of Local Government and Public Health is brought out sufficiently well there. I pointed out also that, so far as I can understand, the only substantial claim which the vocational education officers can make is that the terms of service which they will now be accorded should be not less favourable than those in the service from which they were transferred, and it has not been claimed, I think, in all the official statements circulated by that organisation, although it is difficult to see what other object these may have, that the vocational education officers are seeking privileges or rights superior to those of other officers of local authorities, but that, in fact, is what they are claiming.

This section regarding the retiral age was passed in the form in which it stands in this Bill in the Local Government Act, 1941. As regards Section 8, I explained to the House that we have a very large number of teachers, and as a committee may not act, it may be necessary to remove an officer in case of unfitness or inefficiency. A committee very often would prefer that the unpleasant task of removing an officer, however it may be accomplished, should be the task of the Minister, but I have not got any light from those who are interested in this matter as to how the Minister should proceed in a case in which a teacher, on the report of an inspector, is found to be inefficient and the committee refuses to take action in his regard. I do not think, as I already mentioned in my Second Reading speech, it should be necessary to have a sworn local inquiry in such a case.

The procedure followed is similar to that in the case of, let us say, primary teachers. Every primary teacher in the country might say that the Minister has an arbitrary power to remove him from office on the report of an inspector. It is true that there is a board of appeal, consisting of a teacher, an inspector and an independent chairman, but that has nothing to do with the question of removal from office. It has simply to do with the rating of a primary teacher. If an inspector examines his work, and reports him as non-efficient or reduces his rating from "highly efficient" to "efficient", the teacher may appeal. The appeal board then sends an inspector of higher rank, and, on the result of his report, the appeal board decides whether the original report of the local inspector should stand or not, and whether the rating given by the inspector in the first instance should hold or whether his decision should be reversed. So far as I can see, in this case, the attitude of the vocational education officers seems to be that where, in a case of proved inefficiency, a committee refuses to remove a teacher, the Minister should be left with no alternative, if the members of that organisation are to have their way in the matter, but to hold a local public inquiry. I cannot see what new circumstances or new facts will be brought to light, or how the mere fact that a certain legal standing will pertain to that inquiry, will ventilate the question of whether, in fact, a teacher is efficient or non-efficient, any more than the information already at the Minister's disposal in the case. My object, in referring to the matter, is to explain to Deputies, who may feel that a safeguard is being taken away from these officers, that no action will be taken in the case of a report by one inspector until the matter has been reported to the committee, and until an opportunity is given for a second report from a senior inspector. If, when the report of the senior inspector is received, and supposing it confirms the report of the local inspector, and definitely says that the teacher concerned is so inefficient that he ought to be removed from his position, and if, on the receipt of that report, which would come before the committee in the ordinary way, the committee were to refuse to take action, that would mean, as the law stands at present, that the only way out would be to have this inquiry, which is of a public and necessarily of a formal and official character.

Now, in such a case I do not think it is necessary to have that. The Minister will hold an inquiry in such a case, as well as in all other cases, but I think that some distinction should be drawn. For instance, in the case of misconduct, or of money accounts not being in proper order, or anything of that nature—apart from inefficiency—I think that if the case becomes so serious as to raise the question of the removal of the officer concerned, his removal should only be effected by means of a public inquiry, as laid down in the original Act, and also in the first part of Section 8 of this Bill. In the case of such teachers as I have referred to, I do not think that any members of this House, who are acquainted with the work of these committees and the general procedure that obtains in dealing with the cases of teachers in other branches, will agree that the only method of approach, or the only avenue that the Minister should have to deal with such cases as I have mentioned—inefficiency, and so on—where the committee refuses to take action, should be by way of a local inquiry.

I do not want to discuss this question much further, but am I entitled to ask a question?

The Deputy would be within his rights in asking a question.

Well, Sir, what we cannot understand about the section is this: that the Minister for Education, as well as the Minister for Agriculture, has said so often that these two Bills are on a par—that they are both intended to bring the respective officers concerned into line with the conditions of local officers employed under the Department of Local Government and Public Health, and yet the Minister for Agriculture does not seek these powers and has no such section as Section 8 in his amending Bill. For that reason, we want to know why the Minister for Education requires this section in this Bill, when his fellow-Minister, in dealing with a similar matter, has not any such section in his Bill. I think that if we could be given some more information with regard to the earlier sections, the atmosphere with regard to this matter would be considerably cleared up, but the Minister for Education has given us no indication as to his intentions with regard to our amendments, or whether he is prepared to amend his own proposal.

Perhaps I might be permitted to make it clear at this point, in reference to what Deputy Connolly has said—to the effect that if he could get satisfactory assurances from the Minister with regard to Section 8 his views with regard to the earlier sections would be entirely altered—that the objection I have to the earlier sections is not in any way coloured by a greater objection to Section 8.

Is the Deputy pressing amendment No. 3?

Amendment put and declared lost.

I move amendment No. 4:—

In sub-section (3), to delete paragraphs (a) and (b) and substitute the following paragraphs:—

(a) if, on the day (in this sub-section referred to as the operative date) when such declaration comes into force, there is a holder of such office and such holder, on the operative date, reaches or is older than the age (in this sub-section referred to as the retiring age) specified in such declaration as the age limit for such office, such holder shall cease to hold such office on, in case the operative date falls on the 31st day of August in any year, the 31st day of August in that year or, in any other case, the 31st day of August next following the operative date;

(b) if, on a day after the operative date, any holder of such office reaches the retiring age, such holder shall cease to hold such office on, in case the said day falls on the 31st day of August, the said day or, in any other case, the 31st day of August next following the said day.

The object of this amendment is to meet the point raised by Deputy Cosgrave that, in a case where the age of retiral has been fixed, and where the operative date of retiral would occur within a school session, it would not be desirable that the work of the school concerned should be disturbed as a result of such retiral. Let us suppose that the person concerned is a teacher who, according to the operative date of his retiral would be leaving in the middle of a school term: that might mean an upsetting of the work of the school, and the object of this amendment is to see that, even though a teacher reaches the retiral age during the school term, he or she shall be retained until the 31st day of August next following, that is to say, until the opening of the new school session.

I think that that meets both amendments Nos. 6 and 8.

What I mean is that I think the Minister's amendment covers amendments Nos. 6 and 8.

There are four amendments concerned here— Nos. 5, 6, 7 and 8—and I do not know to what extent the Minister's amendment, No. 4, or the Minister's redraft, will meet them. If Deputies are not satisfied with the Minister's amendment, they may re-submit their amendments on Report.

With regard to amendment No. 5, the point there was to secure that the officer concerned would not lose a year's service when it came to a question of computing his pension. If he is retired on the 31st of August or 31st July, as the case may be, he may have been actually appointed in mid-term—after Christmas or Easter or some time like that —and it would appear to me that under the section, even as now amended by the Minister, it would mean that that person would lose a year's service when it came to a question of computing his pension. The purport of amendment No. 5 is to secure that in such a case the teacher concerned would be entitled to that service, in computing his pension. That would come to about one-sixtieth of his salary, which is quite a considerable sum in these hard times. I think that that would be met by inserting the words: "the anniversary of his appointment next following".

The Deputy might redraft his amendment and resubmit it on the Report Stage, in order to fit in his amendment with the Minister's amendment—that is, if he so desires, and if he thinks that it can be done.

Have I permission to do that?

Very well; then, Sir. On that understanding, I shall not move amendment No. 5.

Amendment No.4 put and agreed to.
Amendments Nos. 5, 6, 7 and 8 not moved.

I move amendment No 9:—

At the end of sub-section (3) to add the following proviso:—

Provided that no holder of any Office shall be required to retire from his office under this section before he has completed 40 years' pensionable service, or before the amount of his pension has, with the approval of the Minister for Local Government and Public Health, been determined at the maximum amount allowed by Section 44 of the Local Government Act, 1925.

We debated this matter at length on the Second Stage. The purpose of the amendment is to secure, if possible, that an officer should obtain the maximum pension in a case where he comes near doing so. If not permitted to work on until he has completed 40 years' service, which in many cases, perhaps, he is not now able to do, owing to the way the section stands, the alternative is that he may have added years of service, so that he can obtain the maximum pension. In many border-line cases that would be very reasonable where officers entered the service rather later than would permit them to complete 40 years' service at the time fixed by the Minister. He has fixed it at 65 years, but many officers may not have entered the service until they were 30 years of age. As the section stands, they could not complete 40 years' service. Considering the circumstances in which they entered, that they were pioneers and gave yeoman service to the State, and for other reasons, I suggest that power should be given for some adjustment of the number of years' service of an officer to enable him to obtain the maximum amount allowed under Section 44 of the Local Government Act.

I do not propose to accept this amendment, although I have a certain amount of sympathy with the points raised by Deputy Connolly and by other Deputies. In the case, let us say, of an officer who has reached the retiring age, or who is approaching it, and has not the full number of years' service, perhaps I may explain to the House that under Section 6 (4) it will be possible for an officer with ten years' service to be granted superannuation accordingly. As the law stands it is not possible to grant superannuation in the ordinary way unless an officer has 25 years' service.

Judging by some of the amendments there seems to be some misunderstanding about this matter. In any case the question of added years is one for the Minister for Local Government and Public Health. I explained that the question of superannuation generally is being gone into and that it may be possible, in exceptional circumstances, to re-examine it, and with the concurrence of the Minister for Local Government and Public Health give some additional period of service. The position at present is that additional period of service is only granted where a recommendation for added years comes up from the local authorities to the Minister, on the ground of special technical qualifications and the fact that later entry into the service prevents an officer getting a fair pension. These circumstances enable the Minister, in his discretion, to give added years. Of course, if added years were to be granted generally it would mean that local officers would naturally look for the concession. If one section of the employees of local authorities have to get special benefit it cannot be confined to that particular section.

All I can say in reply to Deputy Connolly is that I have some sympathy with his view if, as I take it his interest is in those in the service of vocational educational committees who would not get a fair pension, because their service would not be long enough to give them such as the law stands, I can only assure him that it will be re-examined with a view to dealing with special cases. I would not like the House to be under the belief that anything in the nature of a general concession, which would tend to improve superannuation all round for those who might have had nearly enough service to entitle them to get the full pension, will be contemplated. Whatever may be done I do not think the Minister for Local Government and Public Health will be agreeable to grant any concession that would throw a heavy additional burden on the finances of local authorities. We must remember that the superannuation terms accorded to officials of local authorities compare very favourably with those accorded to civil servants. If there are cases of hardship I think I can say that they will be looked into to see if something cannot be done about them.

It was mainly with a view to dealing with border-line cases and to protect these officials, few in number, from any hardship, that the amendment was moved. I quite agree with the Minister that it was not our intention to ask for general application of the principle of added years. As the Minister knows, in many cases officers who joined in the early days of the setting up of technical education were taken over by the Technical Instruction Branch of the Department of Agriculture and spent some years training there before they were given positions under the technical instruction committees. In many cases they were taken from commercial, engineering and other occupations in which they had arrived at certain maturity. It is quite obvious that they should receive special consideration, and I am sure these officers will be perfectly satisfied if the Minister is prepared to give it to their cases.

I think that would determine matters except that there may be other cases in which there was broken service and which it was not quite certain would come under this section. If the Minister considers it in the spirit in which he speaks and treats it with the same consideration as the cases of those other officers I have just mentioned. I think they will be fairly well satisfied.

I am thinking of a case of a teacher who serves a number of years with a vocational education committee—say ten or so—and, then, in order to improve his qualifications, leaves the service and takes up work in a secondary school in a university town to obtain his degree. He can do that in no other way. After some years, he obtains a position from another vocational committee as a result of having university qualification. As the thing stands there is a doubt whether his service of ten years with the previous committee would count in the determination of his pension, because he has broken his service to improve his qualifications when he cannot do it in any other manner. I should like to know how that officer would stand when he comes to 65 or whatever age is fixed. Would that not be a case in which he should receive some consideration because the object for which he left the service was to increase the efficiency of the service when he returned to it? I think we are all anxious to improve the efficiency of the service, and to get rid of whatever little inefficiencies are in it, and at the same time, we want to see that such cases as I have mentioned are not treated in a rigorous manner by some tight standard, and that there will be consideration given to these cases, as suggested by the Minister.

I would like to be clear on the last statement made by the Minister. As far as I follow the Minister, it is to the effect that sub-section (4) of Section 6 of this Bill makes it possible for the Minister to give an officer who has even more than ten years' service the most substantial pension. According to Section 44 of the Local Government Act, 1925—I speak from recollection of what the Minister for Agriculture said on a similar Bill—an officer with ten years' service or more will get up to two-thirds pension, provided his services were terminated for reasons other than (a), (b) and (c), and one of these reasons is incapacity.

Now, if an officer's services are discontinued by reason of reaching a certain age laid down by regulation as the age of retirement, I think the only defence that can be advanced for laying down that retiral age is that it is the age of incapacity, that anybody normally who reaches that age is regarded as no longer capable of carrying out his duties efficiently. That appears to be the only defence the Minister has for laying down an age for compulsory retirement. If that is the justification and the explanation, then I think the greater benefits of Section 44 are specifically denied to these officers. Has the Minister got Section 44 of the Act here?

Yes.

"(1) A local body shall with the consent of the Minister grant to a pensionable officer in their employment, who either—

(a) has attained the age of 65 years and has at least 25 years' service, or

(b) becomes incapable of discharging the duties of his office with efficiency by reason of permanent infirmity of mind or body, or of old age, and has not less than ten years' service

upon his resigning or otherwise ceasing to hold his office an annual allowance for his life not greater than two-thirds of his yearly salary and emoluments."

I am advised that under sub-section 4 of Section 6 the position will be that clause (b) which I have just read out will become applicable—in fact the whole of the section.

Is sub-section (2) applicable too?

Clause (b) is the one that we want to make applicable, and the lawyers have informed me that it will be applicable under sub-section (4):

"(4) Any person who ceases under sub-section (3) of this section to hold an office shall, where necessary for the purposes of sub-section (1) of Section 44 of the Local Government Act, 1925 (No. 5 of 1925), or of any other enactment relating to the superannuation of officers of vocational education committees, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister."

Amendment No. 9, by leave, withdrawn.

Amendment No. 10, involving a charge, seems to be out of order. The Deputy might discuss the matter on the section.

It is a question of fact rather than of order whether it imposes a charge.

Under Section 25, sub-sections (2) and (3), of the Vocational Act, 1930, it is laid down that for payment of pensions and gratuities to vocational education officers, voted moneys shall be responsible for 50 per cent. How can you increase the pension of any officer without increasing the charge on voted moneys?

In the first place, this measure seeks to take from vocational officers certain rights that they have. They have those rights at the present moment, and any one of them can go on up to 70 years of age and get 40 years' service if he likes. Now, in so far as the officer is concerned, he is being deprived of something there. I am stopping deprivation at a precise point by not occasioning any extra cost to the Exchequer. Whatever cost there is to the Exchequer is already involved. Section 44 of the Local Government Act, in so far as it can be exercised, is exercised at the will and the pleasure of the Minister. The Minister has will and pleasure here to add a smaller number of years' service, and it certainly exercises itself in my mind that a person who can add up two and two, and make up 30, and realise that he has less than 40, can see that there is no charge on the State by reason of the adoption of this amendment.

Will the Deputy say how, if he gives the Minister power to grant a pension at a higher rate than the officer's service warrants, he can do it without increasing the charge on voted moneys?

He has it already.

If so, what is the purpose of the amendment?

The purpose in so far as the wording of sub-section (4) is concerned, is that an officer can be deemed to have become incapable of discharging his duties. When a person is deemed to have become incapable, it is written in that he is incapable of discharging his duties as such, and his superannuation must be based on the fact of his inability or incapacity rather than on his age, and I desire to emphasise the fact that it is because we are fixing a limit of age and keeping people to it that we are doing some hurt to certain individuals who up to this had a right which reaching a certain age would not deprive them of. In consequence, the phrascology of amendment No. 10 is so drawn as to emphasise the fact that where a penal act of the Minister in fixing an age is performed—we do not dispute his right to do it—special regard shall be paid to the rights of individuals, having regard to the penal act of the Minister in the case. It is quite true that sub-section (4) gives the Minister all this power. We know that. What we are concerned with is how is it going to be exercised.

I believe the Minister is anxious in a case of this sort to meet the House. How far he would be in a position to meet the House once the Bill passes in its present phraseology I do not know. It will be put to him in his office as Minister that the regulations of the Local Government Department and, possibly also, of the Department of Agriculture in connection with employees of agricultural committees, prescribe a certain precedent, and the precedent is the number of years' service over 60. Once we have passed this Bill in its present form, the Minister has absolute power and as we have heard from his colleague, the Minister for Agriculture, the desire is to harmonise the legislation of these three Ministries, Education, Agriculture and Local Government. Is it conceivable that having harmonised the legislation, we are going to have a difference in the manner of the administration of the legislation? To strengthen the hands of the Minister in regard to his own desires, and to meet the justice of this case, I have put down this amendment.

Amendment No. 10 is not moved.

I was putting a point to the Ceann Comhairle. I do not mind the Chair rulling out an amendment on a question of order but to rule it out on a question of fact is quite a different matter. In fact, in my view, that amendment is not out of order.

Amendment No. 10 was ruled out of order.

I know it was ruled out, but I was allowed to make the case that the facts justified its being in order.

This amendment merely empowers the Minister to give certain pensions in cases of 30 years' service. Since that ruling was announced by the Ceann Comhairle, the Minister has made a statement to the effect that apparently he has powers to give such officers up to two-thirds pension, that is 40 years' service. If there is already power to give him 40 years' service, there is no increased cost on the rates involved by putting down an amendment empowering the Minister to give him 30 years' service; in fact, it proposes a limitation, a reduction.

The Minister has power to move an amendment imposing a charge, but a Deputy has not power to move such an amendment.

There is a law in the land which entitles an officer, with the Minister's sanction, to 40 years' service.

But not with the authority of a Deputy.

With the authority of all the Deputies in the Dáil. That law has already been passed. We are suggesting that the Minister be empowered to give that officer a lesser period.

We cannot put in order what is already ruled out of order.

The Ceann Comhairle stated that he would listen to arguments against that ruling. He left the Chair before the arguments had been completed.

It does not matter. I would rather have 30 years than the Minister's 40 years. I think it would be better for the officials. Whatever value there may be in the Ceann Comhairle's opposition, he is welcome to it.

Amendment No. 10 not moved.

I move amendment No. 11:—

At the end of sub-section (3) to add the following proviso:—

Provided that a vocational education committee may, with the consent of the Minister, permit the holder of an office who held such office on the 4th November, 1943, and who had, at the specified age, less than 25 years' service to continue holding the said office from year to year for a further period of five years.

In this case it is suggested that a person, having less than 25 years' service, say at 65 years of age, was appointed somewhere about the age of 45 years, or possibly 50 years. I know the Departmental mentality with regard to persons being appointed at an advanced age, but I have had some experience of local authorities, experience which, perhaps, the Minister's advisers have not had, and I know that on occasion local authorities not only desire, but find it essential, to get in their service persons who have had experience either professionally, through business or otherwise, persons who are better qualified to discharge the duties of particular offices than graduates however well qualified or with whatever distinctions. Until the introduction of this measure, persons in that situation could count on the period they had served with the local authority.

We accept the provision in this measure relating to the age limit, but we do say in connection with that age limit that if it were fixed at 65, and if certain officials are in full use and enjoyment of their faculties at that period, and are able to render efficient service to the vocational committee, whether as an officer or a teacher or otherwise, then, in order to preserve their service for the advantage of the students and the committee, an opportunity should be afforded here, with the consent of the Minister, to extend the period of service annually up to a period of five years. In view of the fact that this measure was unexpected, and that particular classes of persons, officers or teachers, may be perhaps almost indispensable either to the committees or the students, I am suggesting that this amendment ought to be accepted. It does not prevent the Minister at any time saying to a committee which makes this recommendation that he does not approve of their proposal. He still has the power of determining that the age he specifies must continue to rule. It is no lessening of his administration or his authority, but it does give an opportunity of approach to the Minister from the vocational committee in special cases.

Sub-section (1) states:—

"The Minister may declare any specified age to be the age limit for all offices or for such offices as belong to a specified class, description, or grade or for one or more specified offices."

I explained—I think the Deputy was not in the House at the time—that one reason why it is thought necessary to give the Minister some discretion is that there may be a class of officers whose present service would not entitle them, if the age of retiral was fixed in their cases at 65, to what might be regarded as a fair pension. I think it might be possible, under the sub-section I have read, to deal with the fixing of a retiral age for certain classes. It may be possible to deal specially with the particular class of officers Deputy Cosgrave has in mind; that is to say, those who had at the specified age less than 25 years' service. I think if Section 6 (1) is adopted it will give me power to deal with that class.

But that sub-section deals with offices and not officers. It might be that there are three people holding similar offices; one of them coincides with the example given by Deputy Cosgrave, while the other two joined the service at a much younger age. The sub-section the Minister quotes does not empower him to make different age limits for different officers. It enables him to make different age limits for different offices. I think the Minister will see that is so. He cannot discriminate under that section as between officer and officer; he can discriminate between an indoor office and an outdoor office.

I think it may be possible to define a class of officers who have not a certain number of years' service. I think it would be possible, but, before the Bill becomes law, I shall have the matter further examined.

Amendment, by leave, withdrawn.

Section 6, as amended, stand part of the Bill?

What becomes of the remaining amendments then?

They are out of order. Amendments Nos. 12, 13 and 15 out of order.

On a point of explanation as regards amendment No. 12, I think the first part (a) is actually the part which the Minister said might be covered by giving a certain description to an officer or officers who would come under Section 6 (1). It merely states that the Act shall not come into force at present for officers with ten years or more of service after the coming into operation of this Act. I cannot see how this imposes any charge upon public funds.

The amendment has to be read together, not part of it. It has been ruled out of order.

The point about the whole amendment I see is that it exempts certain officers from the Act for a certain period. On the section, I have asked the Minister a question with reference to certain cases of broken services, and I think this is the only appropriate place in which we can raise the matter. I would like if the Minister before concluding the debate on this section would indicate the attitude in regard to the case I specified, the case of broken service.

On the point already referred to by Deputy Connolly, that is, this question of continuous service, we had in most of our pension Acts harked back to an exact copy of the Acts as they stood in 1922. In other words merely because a certain phrase "continuous service" was in the pensions Act of the British at the time we took over, rather thoughtlessly we carry it on into our pension Act. I think the thing has never received sufficient consideration. We were a new State. We had to establish our own services and in establishing our own services we had to take the best we could get, which was in most cases taking them out of other Departments, taking a school teacher and appointing him to some State Departments. In very few cases was the transfer carried out absolutely expeditiously, so that there was an interruption of service. There is another point. We have committed ourselves in this country to an Act implementing as far as it can the spirit of purity in public appointment. We have got away from the jobbery in association with appointments, and we fill a vacancy through the machinery of appointment commissions. Filling vacancies through such a machinery necessitates a fair valuation of qualifications and diplomas. It means that where a person in any walk of life is anxious to do better for himself he must go out and seek extra diplomas and qualifications. In nine out of ten cases that means an interruption of service, but we are still carrying on with the old phraseology "continuous service". Say a man has seven years as a school teacher and then went to a university or some other place for two years and got some higher qualifications, and then became, we will say, a vocational teacher, there was two years' interrupted service. He had 20 years in the latter service and seven in the former. He has given 27 years' service to the State cumulatively. What is the objection to reckoning that for the purpose of pension? If he does not draw pension for his seven years' service nobody else does. Therefore something is getting away with it either in rates or taxes. Take two men side by side: one becomes anything you like, say, a vocational teacher, and the other becomes a school teacher on the same day, or a Civic Guard. At the end of 30 years one has been nine years a school teacher and so many years a vocational teacher.

The other has 30 years' service as a teacher. One is pensioned on the basis of 30 years' service and the other is non-pensionable. He has not had ten years' continuous service in any State Department, although he has had 27 years' State service altogether. That would mean that he may have left one office to take over a higher office or he might have got a transfer or promotion by virtue of qualifications or diplomas he secured in his own time at his own expense, in order better to equip himself as a servant of the State. I cannot see any justification for carrying down through our various pensions Acts this word "continuous", particularly when we are wedded to the machinery of the Appointments Commission. In order to get appointments nowadays it is essential for most holders of office, if they want promotion or a transfer, to break their continuity of service, to go and secure higher diplomas. I think that State service should be pensioned on the years of State service and should not be diminished because there was a break of a fortnight, a week or a month here or there.

I think the Minister should consult his colleagues of the Executive Council on this matter of superannuation. During the last 20 years we have had quite a number of pieces of legislation brought in to deal with particular cases of superannuation. Let us assume for a moment—I suppose prima facie we are forced to do so—that every person appointed to office in the State receives that appointment by reason of some special qualifications he possesses. Let us assume that he had service with a local authority or one of those other bodies which provide superannuation allowances for their officers and that then he comes into the service of the State. It is a waste of public time, I suggest, that each one of these periods of service has to be considered on its merits or that we have to amend the law in regard to the exigencies of particular cases that may arise. A short time ago we had the case of a man who had a good deal of service with a local authority and afterwards entered the service of the State. When he reached the time at which his superannuation was due, special legislation was necessary to deal with his case. That is all a waste of time.

The Minister has perhaps an exceptional opportunity now to deal with such cases. There are in his Department persons who came there from the service of local authorities. We had much the same sort of thing happening in the Department of Agriculture. We can quite understand that it is not possible for the Minister to deal with officials outside his own particular Department, but this is a question which calls for the co-operation of other Departments. In my view, as I have already stated, if a man brings ripe experience and great efficiency from some other branch of the public service into the State service, and proves himself an efficient public servant in a new Department, he should not be prejudiced by the fact of his taking up appointment under the State, and should not be deprived of the pension to which he would be entitled if he had continued to serve under a local authority.

I do not know whether Deputies expect me-to go into all this matter again. I have already explained that the Minister for Local Government and Public Health, as he has indicated in this House, is formulating proposals for amending the superannuation code. The Minister for Local Government is the Minister responsible for sanctioning awards of superannuation to officers of local authorities generally, and, as I have already said, the superannuation terms for servants of local authorities, in my opinion, are wholly favourable if we take as a standard of comparison, for example, the rates granted to civil servants. An officer of a local authority may receive a pension of roughly two-thirds of his salary. That is to say, his pension is based on one-sixtieth of his salary for each year's service, whereas a civil servant is limited to a maximum pension of one-half of his salary. If we are going to make breaches in the superannuation code with regard to the principle of continuous service, adding years here and there, in exceptional cases, it will mean that a very heavy burden will be thrown on the taxpayer to deal with the increased burden of superannuation for civil servants, unless it is suggested that we ought to give with both hands to officers of local authorities, and leave the civil servants as they are. If we do give these concessions to officers of local authorities, the rates, which have been increasing for some years past, will increase to a much greater degree, because in my opinion the number of officers going out when the age of retiral is fixed is likely to increase. It is only during the next 20 years, therefore, that the full burden of the liability upon local authorities for superannuation is really going to make itself felt.

I do not know whether Deputy Connolly really thinks that an officer who applied to his committee for leave to improve his qualifications and who resigned his position—no one knows whether he ever intended to come back again—and who has got in the meantime an additional qualification and comes back, should be treated as if there were no break in his service. It is really very largely a question of what the finances of the State and of local authorities can stand. I should like to say again that Deputies should not assume or lead anyone else to assume that the superannuation rates at present in existence are not exceedingly favourable. Not alone have officers of local authorities the privilege of getting up to two-thirds of their emoluments as superannuation but in addition, as Deputies know, where they are in receipt of cost-of-living bonus, they receive a bonus in addition to the pension, whereas in the case of civil servants, so far as I know, the pension is awarded simply on the annual remuneration and may not exceed one-half of their emoluments. I am quite sure that if the figures are worked out, it will be seen that civil servants are at a serious disadvantage as compared with officers of local authorities, if we compare the position of the civil servant who is retiring on full pension with that of the officer of a local authority similarly circumstanced.

May I say that, although I do not believe it was so intended, that statement of the Minister is definitely misleading? In the first place anybody listening to the Minister would think that the conditions of entry into the Civil Service and the conditions of entry into the average local office were common conditions, and that the age was the same. Now, the Civil Service pension scheme is designed to apply to people entering the service at 16, 17 or 18 years of age, while for the type of offices that are under consideration in this Bill the average age of entry would be about 27. Some officers will even enter at about 30 years of age. The Minister mentioned that the Civil Service rate of pension is based on a certain scale, but why did the Minister not tell us the volume of discontent there is inside the Civil Service regarding the application of that pension standard, particularly to people who had to have professions or diplomas before they joined the service? It is regarded by them as a pension standard of destitution, a thing against which every element affected is in constitutional mutiny.

That is the suitable standard we are to aim at for the future! We should aim at doing better rather than making things worse. Instead of being bound to say "there is a Civil Service standard and we are going to carry that right down to posterity," we should be big enough to say "Is that a fair standard for the Civil Service?" If it is not, we should immediately rectify it to make up for the deficiencies and the glaring injustices contained in it. At all events, if we are not big enough to rip up a very bad pension scheme such as the Civil Service scheme, when we are designing a pension scheme for another type of officer, we ought to aim at a standard of which we have reason to be proud rather than at a standard of which we shall have reason to be ashamed.

The Minister forgot that, in the case of civil servants, a gratuity is provided for in addition to a pension. That compensates for the calculation of superannuation on the basis of one-eightieth for each year of service as against one-sixtieth in the case of an officer of a local authority. For example, if a civil servant had a service of 40 years he would get one year and three months' full salary on retirement from which no income-tax would be deducted. In addition, he would get forty-eightieths of his salary as a pension. If the Minister looks the matter up, he will find that is so.

That is not complete compensation.

Let me give the Minister a concrete example. Take the case of a civil servant retiring after 40 years service on a salary of £800 a year. He gets £1,000 in cash and for the rest of his life he would get £400 a year pension. Take then the officer of a local authority who is entitled to two-thirds of his salary as pension. If he dies on the day after he retires on that two-thirds, he gets merely one day's pension and no more. I could quote quite a number of cases of hardship where men retiring on two-thirds of a salary as pension lived only a month to enjoy that pension.

In addition to the two-thirds pension, the officer of a local authority gets a bonus on his pension.

No bonus except what the civil servant is entitled to. There is a bonus attached to Civil Service salaries, and there is a bonus also attached, in most cases, to the salary of the officer of the local authority. There is no difference as between one and the other.

The bonus granted to the officer of the local authority who is superannuated is based on the pension which he is given. The bonus increases his pension to that extent, whatever the cost-of-living figure is.

That is a distinction rather than a difference.

I do not think the Minister came quite down to the case on which we want some information and direction. We are not so much concerned at the moment about scales or as to whether the Civil Service scale is better or worse than the Local Government scale. We are not discussing that as far as this section is concerned, except indirectly. What we want to find out is how we stand in reference to the question of continuous service. It is quite conceivable that an officer, having spent ten years on the one committee, would receive leave of absence. He could resign in order to go to a university to take up secondary school teaching and to improve his qualifications, breaking his service, and then going to another committee. There is another case that could happen here. A teacher could have taught under the secondary school branch, and after ten years he leaves that service and is appointed to the vocational education service. He is teaching under two related branches of education in that case, and we want to know in how far this Bill, or the powers given to the Minister, will enable him to say whether this is continuous service or not.

The Minister has said, rightly, that these matters of superannuation are the concern and domain of the Minister for Local Government and Public Health, but surely on a question of this type, a Departmental question, the Minister for Local Government would refer to the Minister for Education to know whether in the view of his Department a case was one of continuous or broken service. There is no question of a burden on the ratepayers or on the taxpayers, such as was instanced by the Minister, because if an officer had remained for the ten years, or whatever the period may be, with the one body, instead of leaving and going to another section of education and then coming back, he would be entitled to all these years in the calculation of his pension. But if he has broken his service and goes to another branch, as it stands at present, it would appear that he loses that, but no one else gets it. It is a saving to the State, but it is an unfair saving that is not warranted by the actual justice of the case.

We are not imposing any charge upon public funds in a case like that. We may be saving the Exchequer by some fortuitous circumstances, but it is not a thing of which we should be proud. We have cases where officers came from the old Congested District Boards, where they did very good work under the Gaelic League and were appointed as Gaelic teachers under the vocational educational authorities. These men spent ten years touring the country and building the foundation on which they afterwards worked as officers for the vocational educational committee. They may have spent ten years doing that yeoman pioneer service for the League and reviving the language, and yet, as it stands, it would appear that this does not rank at all in the determination of their services for pension purposes. There are many cases like that.

We would establish a principle that where an officer is taken from an allied service such as the secondary education branch, or where he goes from one such service to the other, as long as he is devoting his time to education and giving his talent to that broad sphere of education, that these Departmental ideas will not act to debar him from the full pension to which he should be entitled had he remained in one branch all his life until he retired.

Section 6, as amended, agreed to.
SECTION 7.

I move amendment No. 16:—

To delete sub-section (1) and substitute therefor two new sub-sections as follows:—

(1) Whenever a vocational education committee has by a resolution duly passed declared that in the opinion of such committee a holder of an office has failed satisfactorily to perform the duties of such office, or has misconducted himself in relation thereto, or is otherwise unfit to hold such office, such committee may, with the approval of the Minister, suspend such holder from the performance of the duties of his office while such alleged failure, misconduct or unfitness is being inquired into and such disciplinary action (if any) to be taken in regard thereto is being determined.

In the actual Bill the Minister takes power to suspend a holder of an office from the performance of duties for alleged failure, misconduct or unfitness. In our amendment we conceive that the Minister has a power which he does not actually require, and that it would be better to enable the committee to continue as at present with its democratic rights and functions, and that they shall have the initiative if it is necessary to suspend an officer, and, of course, that they will act with the approval of the Minister. We have the feeling that the Minister's powers are large enough when it is put in the form in which we have amended it. The Minister, and the Minister alone, under this section has one function which the committee has not and we think that as it is in the Bill there is an encroachment by the Minister on the rights of vocational education committees. They have won his applause and approval in the exercise of these rights. The Minister has said that they have co-operated with him in the best manner possible, and he was rightly full of praise for the work done by these committees.

That being the case, it is very hard to understand why—we can understand why the Minister wishes this power in the case of perhaps criminal proceedings—the Minister means to intervene directly in the 999 cases out of the 1,000. There will be very few cases of suspension, and if it was a case of ordinary inefficiency, a case of an officer not carrying out the duty which he should carry out—and we do not intend by the terms of this amendment to make any defence for such inefficiency—we believe that the relations between the committees and the officers which are at present in a state of balance and harmony should not be disturbed by giving the Minister greater authority than the committees themselves felt that he should have in the past.

Mr. Larkin

I think there is a general principle to be stated here and that the House should take exception to this particular section of the Bill. It seems to be implied throughout these new legislative measures that there is a suspicion of public servants plus a suspicion of administrative bodies. Though you set up an administrative body, you all the time think that they are doing something bordering on corruption. This amendment only asks the Minister to reserve that right of taking the initiative as to the capacity of an individual officer in the committee. How in the name of common sense can a man sitting in a house in Merrion Square know anything about the inefficiency or misconduct of an officer? Either do away with education committees altogether and let the Minister take full charge, or at least when you do entrust them with the nomination, election and supervision of a technical staff they ought to be trusted that they will control that staff honestly and above-board. Normally an investigation into the conduct of an officer would be referred to a Minister, whatever Minister he might be. In this case you have got a tripartite Ministry—the Minister for Agriculture, the Minister for Education, and the Lord High Executioner, the Minister for Local Government and Public Health. In all those cases where questions of misconduct or lack of efficiency are dealt with by the committee and referred to the Minister we always expect the Minister to uphold the decision of the committee, and in all cases that has happened. In very few cases has there been any difference between the Minister and the body. Why there should be a necessity for drafting this section I cannot see. The Minister should trust the men who are after all part of his office—the administrators.

The principle of this section is contained in Section 11 of the 1926 Local Authorities (Officers and Employees) Act, and if it is admitted that the power of suspension ought to be granted to the Minister in the case of officers of local authorities and committees of agriculture, surely those who claim that the Minister should not be given this power ought at least to show in what respect the officers of vocational education authorities are different, and should receive different treatment from that accorded to other officers of local authorities. The section is not introduced by reason of any special desire on the part of the Minister, as the organisation representing the officers seems to suggest, to impose some special hardship. There is no use talking about the power of suspension being granted to the Minister as if it were an extra-constitutional, illegal, and tyrannical measure, when we know that the section is already in the existing legislation, and has been there for the past 17 years.

Even though it may be already embodied in our legislation, the case for it 17 years ago may have been quite a different one from the case to-day. To-day, we could argue that we have improved morally and spiritually, and in many other ways, that the Irish nation has progressed, and that there is no longer the necessity for the implementation of the powers sought by the Minister 17 years ago. That could be the case. In order to make it workable by the Minister, the Minister might take power in the Bill to suspend an officer directly if the committee refused in the first instance to do so. We do not want in any way to deprive the Minister of rights he may have to exercise in special cases, such as where there may be audited reports, and where there may be questions of officers who have charge of funds not dealing with them in the manner their duty prescribed. There may be such exceptional cases, and in those cases the Minister should have power, even against the committee, to suspend the officer while the matter is being inquired into, or while legal action is being taken, or something of that nature is being done.

What we suggest is that, as far as possible, the Minister should allow the initiative to remain with those local democratic bodies, that he should trust them to discharge their duties and to suspend, with his approval, when necessary. We also say that the Minister should have worded the Bill in a different way—that if there was refusal on the part of the vocational education committee to act, then he might take power to do so. As the Bill stands, the Minister may, on reports received by him from extraneous sources having nothing to do with the committee, come down like a thunderbolt on certain officers and suspend them, without even the know ledge of the committee. The purpose of this amendment is to ensure that, if possible, the ordinary working of the local machine will continue. Very few of those local democratic bodies remain, and we should like to preserve to the utmost whatever powers they have. There may be no real grounds for those fears on the part of many of the officers; they may be illusory, but we think that action in the first place should be left to the local committee, rather than in enabling the Minister to come in directly himself, so that the service would, as at present, function with harmony. The feelings of those officers may be allayed by the Minister's references on other sections of the Bill, and possibly on later sections, to their grievances, but they feel that greater justice would be forthcoming if they had a case and if, in the first instance, they had to be dealt with by the local committee, the Minister coming in directly, only as a last resort, to suspend an officer without the knowledge of the committee.

This section deals with the suspension of an officer in the event of his failing satisfactorily to perform his duties or in the event of his misconducting himself. I do not think that Deputy Connolly's amendments properly cover the point. He is trying to secure that the vocational committee should have power of suspension in all cases. In amendment No. 1, he proposes that that power to suspend should be subject to the sanction of the Minister. If an officer committed a very serious offence, the committee would, under the suggested amendment, have to wait, perhaps, for a week for the Minister's sanction before they could suspend that officer. The officer might have to face a very serious charge. Yet, he would remain in office until the Minister's sanction to his suspension was received. I do not think that it would be wise to put in that provision. The local authority should have power to suspend and suspend immediately.

The Deputy's amendment to sub-section (2) does not propose to give the Minister power of suspension. I think that it would be necessary for the Minister to have that power because a committee might be slow to move. That slowness may be peculiar to this country. The committee might be anxious to throw responsibility over on the Minister. I think that the Minister is entitled to that power but he also takes power under sub-section (2) to terminate a suspension irrespective of whether the charge which occasioned it was frivolous or serious. I suggest that that power should be qualified— that the Minister should be obliged to satisfy himself by inquiry or something of that nature. In that sub-section, the Minister is reserving to himself absolute power to terminate a suspension regardless of the grounds which the committee had for making the suspension. It would be right to reserve certain powers to the Minister. A frivolous charge might be made against a particular officer, and, out of spite or for some other reason, the committee might suspend the officer. In a case like that, I think the Minister would be justified in saying that a prima facie case had not been established and that he would terminate the suspension. But I think the Minister should put in some words to qualify his power of terminating a suspension.

Is the amendment withdrawn?

I have been somewhat impressed by what Deputy Hughes has said and I ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

I move amendment No. 17:—

In sub-section (2) to add after the word "Minister" in line 11 the words "or the vocational education committee".

This point was dealt with by Deputy Hughes. He spoke more or less in advance of his time. This amendment gives the vocational education committee power to terminate a suspension in addition to the power given to the Minister. There is little need to argue that point with the Minister. There may be cases, as Deputy Hughes suggested, of frivolous suspension. A vocational education committee may have suspended an officer under some misapprehension, quite honestly conceived, and it may take a considerable time to get the Minister to move in the matter of terminating that suspension. There should be power in the Bill to enable the committee in such unimportant cases to terminate the suspension of their own volition rather than force them to wait for the Minister to take action.

The Deputy has rather agreed that the Minister should have some power in these matters. If this amendment were accepted, it would create an anomaly inasmuch as it would give power to the vocational education committee to terminate a suspension made by the Minister. I do not think that the Minister would agree to that. I suggest instead that the Minister's power to terminate should be qualified in some way.

Under the Bill, the committee may suspend.

And the Minister, too. This amendment would empower the committee to terminate a suspension made by the Minister.

That is right. Under the amendment the committee could lift their own suspension and, so to speak, correct themselves.

Under the amendment they could also lift the Minister's suspension. I suggest to the Deputy that he might withdraw his amendment and press the Minister to agree to qualify the word "terminate".

Would the Minister be agreeable to consider that point, of allowing vocational education committees, in cases where they make a suspension themselves subject to his sanction, to correct themselves where they find it necessary to do so, and in that way lift the suspension, or terminate it, instead of going through the ordinary process of waiting for a month to approach the Minister to get the suspension terminated? In view of the fact that most of those committees meet only once a month it may mean hardship to an officer if, for a whole month, there is no provision giving that power to a committee.

I do not know why Deputy Connolly thinks it should be necessary to insert every possible consideration in a matter of this kind. Deputy Hughes has agreed, for example, that the power of suspension ought to be granted to the Minister. I find that Section 11 of the original Act is almost word for word with what appears here:—

"The suspension of an officer or servant who is suspended under this section by the local authority or the Minister shall continue until terminated by the Minister."

It cannot be said that, in this measure, I am seeking any new powers. This is merely a re-enactment of the provision in Section 11 of the 1926 Act. I think, as I have mentioned more than once, that perhaps committees in general would prefer that the matter of suspension or of dismissal should be dealt with by the Minister. If the Minister is to have these powers, the determination of the termination of suspension might perhaps be more equitably and more fairly left in the Minister's hands.

Committees in general, while anxious to further vocational education in every way, are not particularly anxious, I am sure, to have to take disciplinary measures against their officers. We are only following the general provisions which have been put into the other enactments dealing with the officers of local authorities. There is nothing special in this.

Would the Minister be prepared to qualify the word "terminate" in some way? Here the Minister is taking absolute power to be the judge and jury as to whether an inquiry should or should not be held. The committee, when they have suspended an officer, may feel justified in asking for an inquiry. The Minister might hold the opposite view. I think there is a case for the insertion of some qualifying words.

The Deputy has not put down any amendment.

No, but I am suggesting to the Minister that he might bring in an amendment on Report Stage to the effect that the Minister should satisfy himself first.

Surely he will satisfy himself as the matter stands.

The word "satisfy" is not in this.

No, but we know that, in fact, that is what is going to happen.

The Minister might like to do a good turn occasionally, while the committee might feel justified in pressing for an inquiry. The Minister, in this section, is taking absolute power to decide whether or not there should be an inquiry. That is what I object to. I think the Minister's power should be qualified to some extent.

I think the Minister will admit that the contrary case is also correct. In other words, that after a vocational education committee has enacted a suspension, the Minister may step in and terminate the suspension without reference to the committee. Of course, it can be argued that the Minister is reasonable, and will satisfy himself, and so on. As the section stands, there is no safeguard that the Minister, for extraneous reasons, might not cut across the views of the local committee and actually terminate the suspension against its wishes. The way that we would like to have the provision worded— evidently we did not go into the matter sufficiently well to provide against the points that have been mentioned —is that where a vocational education committee had made a suspension, and in due course found there was no basis for the suspension continuing, that instead of having the Minister concerned in the matter, the committee itself would terminate the suspension so that matters would revert to what they had been before the suspension took place.

I did not put down any amendment to this section because I consider that the Minister ought to have this power, since the State pays something like half the cost of the service. It is a power that I should like to see the Minister use very rarely, in fact so rarely that its retention would be a safeguard in the administration of his office. It should only be used, I think, where a committee was neglecting its responsibility to the State and to the local authority. There are two points in the section. The first is where the committee has reason to believe "that such holder has failed to perform satisfactorily the duties of such office" and (2) "or has misconducted himself in relation to such office." In respect of either of these two complaints, the committee, or the Minister, may suspend such holder from the performance of his duties. That is the whole substance of the section. I think that if the Minister were to say that the use of this power would, in his opinion, be very rare, it would satisfy the House. I find myself blushing at the praise that has been lavished on the legislation passed in this House some 17 years ago. One would think from what was being said at that particular time in regard to the changes then foreshadowed and of the extraordinary benefits that were to be showered on the country under the new dispensation, that such legislation would not be necessary. We have only to live long enough to get wise.

The Minister will not admit progress in those days.

Is the Deputy pressing the amendment?

I do not think the Deputy ought to press it.

Amendment, by leave, withdrawn.

I move amendment No. 18:—

In sub-section (2), after the word "terminated", line 12, to add the words "provided that there shall be no undue delay other than that occasioned by court proceedings in determining the questions at issue in relation to the holder of an office under suspension".

I think that the safeguard we are proposing in this amendment should be inserted in the Bill. The Minister, on the Second Reading of the Bill, mentioned that there may be cases where criminal action, or court cases, might be pending against an officer who was suspended. Naturally, in such cases as that, it would be out of the hands of the committee, or perhaps of the Minister himself, to terminate the suspension without undue delay. But those cases, I think, will be very few and far between.

The majority of cases of suspension will be cases where there are complaints in regard to the officer not carrying out his duty, or in regard to his efficiency, or some educational or administrative matter. In these cases there will not be any court proceedings and there should not be any reason to continue the suspension unduly, because there is a provision later on in regard to the payment of remuneration during suspension. When suspension is decreed, the officer also loses the right to draw his remuneration during that period. Therefore, one can quite understand that anybody suspended would like to be taken out of his misery with all possible speed. This is an addendum, therefore, which should not occasion any great resistance on the part of the Minister, because it just reassures us and the House generally that there will be no undue administrative delay, no delay such as is generally talked about, in regard to the functioning of these big machines, and that expedition will be used in order to terminate the suspension and get the officer back to service, if the result of the inquiry or proceedings so decide.

Mr. Lynch

I must say I have very great sympathy with this amendment from experience of similar cases where inquiries were held in connection with the suspension of other officers. Very often they drag out for months and months and months. We had a case in Kerry of an officer being suspended last December. The inquiry was held in April, and the man was only reinstated about a fortnight ago after forfeiting one-third of his total emoluments during the period he was out. I can see no reason why the suspension should be dragged out for nine or ten months and for that reason I think that something of the kind that Deputy Connolly suggests should be inserted here, so that, where officers are suspended, those inquiries will be ordered forthwith and the suspension terminated or the dismissal ordered with the least possible delay, according as the inquiry finds. It is a shocking worry to a man to have the thing dragged out for such a period as that in the Kerry case to which I have referred. That case did not come under the Minister's Department at all. It was the case of an ordinary Local Government officer.

Mr. Larkin

Deputy Lynch is worried about nine months of suspended animation. We had a case in Dublin where a man was waiting for 15 months for the findings of a sworn inquiry. That man was an officer in an asylum and he was alleged to have attacked a patient; as a matter of fact he only restrained him. A sworn inquiry was held and cost a great deal of money. But the man went to sea and was qualified as a merchant captain before we got the result of the inquiry 15 months after it was held. That is only one case we could cite. County Kerry is not so very far away from here, but when you live in Dublin and you cannot get such a matter adjusted in less than two years, we should have some action taken.

There is no suggestion of any unnecessary delay so far as I am concerned and every possible effort will be made to deal with any suspension that may unfortunately arise as expeditiously as possible. I gave the example of the court proceedings as showing that it would be very difficult to fix a time limit of a reasonable period. I think that the amendment would not carry us very much further because in connection with the phrase —"there shall be no undue delay other than that occasioned by court proceedings"—there would be different interpretations possibly of the expression "no undue delay". I should like to assure the House, however, that so far as I am concerned there will certainly not be any delay that can be avoided in dealing with these matters. As regards Deputy Lynch's point, if an officer is allowed back to duty after having been suspended, the Deputy will see that under sub-section (4) the Minister has power to award him his remuneration for a portion or the whole of the period.

Mr. Lynch

I know that, but that does not do away with the fact that for nine months he was living on the air.

There is no reason to assume that the suspension mentioned, and about which we have heard only one side of the case, was entirely without reason. Surely there must be some reason of that kind.

Mr. Lynch

I am not suggesting that there was no reason for the suspension, but I am suggesting that the matter should have been dealt with more expeditiously. We are dealing now with a particular amendment which tries to secure that in the case of these officers there will not be any such delay if, unfortunately, a suspension has to take place. Even though this is merely, as it were, expressing a pious hope, I think it would be worth while to have it embodied in the statute, because it could be referred to in the House if such a case arose.

Very well; I will see if we can bring in an amendment to meet it.

The Minister was assuring the House that, so far as he was concerned, there would be no undue delay.

I have said that I will see if an amendment on those lines, such as that the Minister shall always deal with these matters in a spirit of reasonableness, can be brought in which will satisfy the Deputy.

Amendment, by leave, withdrawn.

I move amendment No. 19:—

After sub-section (3) to add a new sub-section as follows:—

Whenever the holder of an office is suspended under this section, a local inquiry shall be held as soon as may be into the grounds on which he has been suspended, and the vocational education committee under which such holder holds his office shall then consider the findings of the local inquiry and decide upon the disciplinary action (if any) to be taken, subject to the approval of the Minister.

This is much on the lines of the amendment we have previously argued, and is designed to try to throw back on the vocational education committee as much as possible the power in reference to these various matters. In this amendment it is proposed that the vocational education committee shall consider the findings of the local inquiry and decide upon the disciplinary action to be taken, subject to the approval of the Minister. As the section stands, it is not quite clear that the committee have such power, and it would look as if the Minister has the power direct and apart from the committee. The purpose of the amendment is to retain whatever power there is in the committee in reference to these matters.

But if the committee still does not act? The extraordinary thing about Deputy Connolly is that he shows the most fervent belief in the committees in certain particulars, and in other matters he shows a deplorable lack of confidence. Even if we agree that the committees in these matters affecting their officers shall have power to do such-and-such, if they fail to do these things, what then happens?

Mr. Larkin

The Minister steps in.

The Minister ultimately must get the power, so we come back to the same thing again.

We should like them to have some part in the proceedings as a body now in existence.

Amendment, by leave, withdrawn.

I move amendment No. 20:—

To delete sub-section (4) and substitute therefor the following sub-section:—

The vocational education committee by which the holder of an office is suspended shall when considering the findings of the local inquiry decide upon the remuneration, if any, to be paid to such holder during the period of his suspension, subject to the approval of the Minister.

Here, again, it is a matter of a local committee deciding the question of the remuneration, if any, to be paid during a period of suspension. In the Bill, that matter is to be determined by the Minister. It is very difficult to continue these arguments when the matter has been practically decided in advance by the attitude of the Minister in relation to other paragraphs. The purpose of all the amendments is to try to preserve some power for the local committee, which would perhaps understand the circumstances better than the Minister or his inspector and might decide that during a period of suspension, subject, of course, to the approval of the Minister, who is the final court of appeal, there should be some remuneration or full remuneration. It is conceivable that an officer suspended may have to prepare a case. In order to do that, he will have to get legal advice which will cost him money, and if he is deprived of his remuneration during that period he is left without the means of defending himself. It is reasonable to assume that the local committee will know his circumstances better and will know whether there is any basis for his claim to remuneration during the period, and might therefore be more likely to do the officer justice than the Department, if it were acting directly in the matter.

The Deputy has not made his wishes clear in the amendment. I presume that what he means is that when an officer is permitted to resume his duties, this should be done. As I read the amendment, it simply means that a committee might grant him his remuneration during the period of his suspension, whereas the sub-section which the Deputy wishes to have taken out makes it clear that, upon the termination of the suspension, the question of the remuneration, if any, for the period of suspension can be considered.

What happens to the officer's livelihood during the period of suspension?

We must assume that an officer will be suspended only for a very good reason, such as a report from the auditor making it clear that there are serious discrepancies in the accounts, questions of moneys unaccounted for or something of that nature. It is quite possible that in such a case there would be court proceedings. I think the Deputy may take it that there is a well-recognised procedure in connection with suspensions of the character I have mentioned and that they are generally readily accepted.

Mr. Larkin

Can the Minister not conceive of some other charges than defalcation? Is it not possible that questions of discipline or technical ability might arise?

Mr. Larkin

I know of many cases of an officer being fined for disciplinary reasons and the Minister overruled us because sufficient pressure was brought to bear on him. The committee thought the officer was entitled to certain moneys, subject to the fine being paid. I do not see the point of quarrelling about this so long as the committee has power. If they have not any power, why have committees at all?

We leave the committees all the duties they like and we will inflict the disagreeable duties on the Minister.

Mr. Larkin

No; it is the other way about.

The case can still be made that while an officer is suspended, the Minister assumes that that suspension will be followed by dismissal.

I asked in reference to an officer's remuneration what happens during the suspension. If the suspension is drawn out, he has no means of livelihood and no means of defending himself or preparing his case. There may be no court proceedings, but even if there were, this would assume that an officer is guilty until proved innocent by the court. That surely is a complete reversal of the position which hitherto obtained, that the accused person is innocent and therefore entitled to all the emoluments and the remuneration which he received, until he is proved guilty by the court or whatever body is set up to judge his case. The amendment may not be drafted as well as it could have been drafted, but we want to secure that an officer will not be penalised until it is absolutely certain that he is guilty of whatever crimes are charged against him, and that some remuneration will be available to him to conduct his case, if he has a case to make.

There is not much substance in the Deputy's case, for the reason that the Minister makes the final decision. So long as that is the position, the Minister is, in effect, deciding what the remuneration shall be, and the effect of the amendment is merely to allow the committee to play with the matter. The Minister will finally decide what the remuneration will be, so you might as well let the Minister decide it. By the amendment, you are in fact merely fooling the committee.

Under the amendment, a committee has some power to make recommendations.

Subject all the time to the sanction of the Minister.

That is always so. It is usual to have the Minister's approval, but under the Bill he need not consider anything said by the local people.

Mr. Lynch

I do not suppose that Deputy Connolly is making the case that remuneration should not cease on suspension. His amendment sets out that the vocational education committee by which the holder of an office is suspended shall, when considering the findings of the local inquiry, decide upon the new remuneration; that is, the committee is to act subsequent to the inquiry, so that the Deputy is conceding that there must be a cessation of remuneration pending the inquiry. There is, as the Minister pointed out, something missing from the amendment, in that he does not provide for the finding of the inquiry being in favour of the officer suspended. If the finding is against the officer and if he is in fact dismissed, presumably there will be no question of remuneration. The amendment does not make provision for that point. It leaves it open to the committee to grant remuneration, even in the case of an officer who, as a result of the inquiry, is dismissed, so that in that respect the amendment is faulty. I do not care for the amendment anyhow, for this reason, that it merely prolongs the agony.

Since it leaves it eventually to the approval of the Minister, it means that the local committee will make a recommendation to the Minister to the effect that the officer has been reinstated and should get his full remuneration; another three or four weeks will elapse; and the matter will go from one officer to another before there is a decision. The unfortunate man is merely kept another month waiting. I think it much better to let the finding of the inquiry go up and have the matter dealt with as quickly as possible in Marlborough Street or wherever the offices are. I do not think the amendment would serve the officers in any way.

I admit that there is some error in the drafting of the amendment and I should not like to proceed with it as it is. The original intention, however, was to try to preserve for an officer, in a case of minor importance, where there was no question of criminal proceedings, that suspension for a period would not leave him absolutely without his livelihood. It is a very serious thing for a married man who, through some misunderstanding or for some other reason not involving criminal charges or in any way affecting his status, to find himself suspended and, while the Minister or his inspector is examining his case, to have to forfeit, as the section stands, his remuneration. He forfeits his remuneration before he is declared guilty, or before the charges that have been made against him are proved. He gets nothing at all during that period, and then, after he is declared innocent and is reinstated, it is absolutely left to the discretion of the Minister as to whether he will get any remuneration for that period. Of course, we can assume that the Minister will be a reasonable man, and will restore the remuneration to the person concerned, once that person has been declared innocent, but it seems to me that in such a case the local committee might be more amenable—having more knowledge of the case—than the Minister: that they might be in a better position to understand the matter than the Minister. That is the whole point in this amendment.

Amendment, by leave, withdrawn.
Question proposed: "That Section 7 stand part of the Bill."

On Section 7, in regard to this matter of suspensions, which has now been agreed upon, I should like once more to refer briefly to this matter of continuous service. There is no provision here to deal with that matter, and I think that the Minister might consider putting in some provision to the effect that in the case of a suspension, where the matter has been entered into and where the officer, concerned has been reinstated, there should not be any interruption in his service for pension purposes. Take the case of an officer of, let us say, 57 or 58 years of age, who may have been suspended erroneously for one reason or another, and who is afterwards declared to be not guilty and is reinstated after a certain period—I think Deputy Fionán Lynch suggested such a period as a year—how does the case of that officer stand? Is that to be regarded as broken service?

We would be quite satisfied if that would not constitute any break in the service of the officer concerned, if he is reinstated.

That is right.

Suppose that the person concerned is suspended within the last few years of his service: how does that affect him?

It does not affect him.

It does not affect him. He will not lose anything; he is paid according to what he got in the year preceding.

I think it means that the period of suspension will not be reckoned as against pension rights, and that it will depend on the succeeding years.

Question put and agreed to.
SECTION 8.

I move amendment No. 21:—

In sub-section (2), page 5, line 38, to delete the word "any" and substitute the word "a".

The original Act laid down that in the case of removal from office a local inquiry, on oath, should be held. I think I explained to the House that in the case of some 900 or more teachers we are bound to have a certain number of teachers whose teaching service is not considered efficient by the inspectors, and that if, after the inspectors have reported to that effect to the committee, no action is taken, it would mean, at present, that a sworn inquiry would have to be held. I cannot see—and I doubt if any arguments will be brought forward here which will show me otherwise—that any additional facts would be likely to be brought out in a local inquiry of that nature, which would not be already in the hands of the Minister and of the local committee. Hence, the alternative to the inquiry. However, as I have said already, in all cases where the unfitness or incapacity of a person arose, apart from the question of inefficiency in teaching, the intention is to hold an inquiry.

I do not think it would be for the good of the service, or in the interests of vocational education, that in the case of a teacher whose inefficiency is well known, in respect of whom the inspectors have reported that he is unable to carry out his work satisfactorily, and where the committee is not prepared; for one reason or another, to take action against that teacher, the position could be resolved only by the holding of a public inquiry. There may be other cases also. For example, we mention in sub-section (4) of this section that, where the holder of an office is convicted of an offence which clearly makes him unsuitable to be an officer in the vocational education service, the Minister may, by order, remove him from such office. There, again, for reasons which I need not go into, but which, I am sure, all those who are acquainted with vocational education are aware of, certain considerations may enter: such as personal feeling, the reluctance to take stern action against somebody who is well known or liked, or who has been in the service of the committee for a considerable time, or who has local associations which make the committee reluctant to take action. I think that, in fact, when these disagreeable cases arise—if they do arise—the committees themselves would prefer that the Minister should undertake the unpleasant task rather than themselves.

With regard to the point that has been made as to the powers sought being rather too drastic, I should like to say that, again, these powers are on the same lines as those that obtain under the corresponding local government legislation, and I think that, in the interest of efficiency, such powers are necessary. I have pointed out that a certain procedure is followed with regard to teachers, generally, and that if the work of a teacher is not thought to be satisfactory by the inspector, the teacher is given notice of that fact by the inspector and that he intends to carry out a formal inspection of his work. When that inspection is completed, if the inspector is not satisfied and feels that the case is so serious that the matter must be reported to the committee, I think we may assume that he will so report it. Then, if the committee admonish the teacher and he mends his ways and gives satisfactory service afterwards, that ends the matter; but if it should happen that when the inspector comes along again and finds —as may very well happen in a service where you have a very large number of teachers, even though the vast majority of them are doing very good work—the teacher upon whom admonishment has had no effect, or where, in spite of admonishment, the case is getting worse, there is no option left, I suggest. I think we all know what happens in those cases. Appeals are made to the committee not to take action. The committees do not wish to discharge teachers unless there is no other alternative, and we also know that certain organisations, political or otherwise, are by no means inactive in the matter of teachers' rights. We know that pressure can be brought to bear on these committees, and we know that even where the committees try to maintain a high standard of public efficiency, they may still find great difficulty in dismissing teachers who, in the opinion of the inspectors, are not discharging their duties efficiently. The Minister, through his inspectors has to take a special interest in this matter, and I am not in any way unfair when I suggest that the question of the efficiency of the work in our schools comes before his notice in a way that is not possible to the committee. It is being constantly reviewed by inspectors, whose task it is to see that a reasonable standard of efficiency is maintained. Therefore, when the position arrives that a teacher is no longer able to give satisfactory service, and the committee has failed to take action against him, I think the Minister would be failing in his duty if he did not take steps to have such a teacher removed.

As I have often stated in this House the sole advantage that many of our children in this State get is the amount of education we are able to give them. They have very little else. If the Minister for Education does not see that a high standard of efficiency is maintained by teachers, it simply means that children, parents, and the country are not getting value for the expenditure, that precious time is being lost, and that where good work and good results should be given the opposite obtains. Therefore, I hope the House will agree that the procedure I outlined is fair: There is a visit by an inspector, and a further visit when the case becomes serious and action must certainly be taken. When it reaches the point of removal from office, where a senior inspector's visit confirms the original report, if the committee still fails to act, there should surely be no necessity to have such an inquiry as is laid down in the Principal Act. If the Minister is to be entrusted with responsibility —and the House has entrusted him with responsibility for seeing that the service is maintained efficiently—it is not too much to ask that the power he exercises in connection with teachers of vocational schools should be on the same lines generally as in other branches of the service.

I must say that the argument put up by the Minister is, to say the least of it, a very one-sided one. It amounts to this that, because the House has entrusted to the Minister certain responsibility, he must be given unrestricted powers. Is it not reasonable to ask: Have these committees been entrusted with no responsibility? Whose officers are we dealing with? Are we dealing with officers of the Department or with officers of local bodies. The term "local government" is a joke nowadays. For the last 20 years every bit of legislation that deals with local bodies or local officers has demolished bit by bit what used to be known as "local government". The original conception of "local government" and "local authorities" was local bodies functioning in a county, managing their own affairs, employing their own officers, paying their own officers and dismissing their own officers. The Appointments Commission came along and that meant no longer any power to appoint. County managers then came along destroying and taking away 90 per cent. of the authority that was there before. Now we are asked to approve under the name of "local government" of a system where they will not even have the right to deal in a disciplinary way with their own officers, nominally appointed by them and, to a great extent, paid by them. They have no right to appoint, no right to dismiss, and no responsibility—interpreting the Minister's statement—even for the work done by vocational officers. The only body responsible, and the only Department that is anxious to see that the work is properly done is the Department that is furthest removed from the officers concerned.

May I interrupt the Deputy?

Are we not discussing amendment No. 21?

A local committee has power to take the necessary action.

The Minister assumes now that they will not take action.

If they do not.

If they do not take action it may be because the local committee, consisting of men scattered throughout the area of the officer's activities, are satisfied that there is no cause for action. But if two inspectors report that there is a case for action, the local committee does not matter, and the Minister is going to suspend and ultimately dismiss an officer. If that is done, if there is a fair case for that, let us no longer talk in terms of local government, local committees, local authorities, and local officers. We are making them all central officers. We are making them all officers of the State, appointed, suspended, dismissed, superannuated or not superannuated by the central authority. The local authority have no power to intervene if they find themselves in conflict with the Minister. We are assuming all the time that the local authorities are wrong; that the Minister is right; that no injustice has been done over the head of the local authorities. We do not go back on other matters, but just from memory I can trot out the names of at least a dozen officers who have been injustly and improperly dismissed, in opposition to the opinions of local authorities and of people who were closest in touch with them.

It seems to me that both the Minister and the Deputy were wide of the amendment.

The Deputy's statement related to the Minister's speech.

The Chair considered both the Deputy and the Minister to be irrelevant.

We are entitled to follow him.

Amendment No. 21 put and agreed to.

I move amendment No. 22:—

In sub-section (2) after the word "Minister" in line 40 to insert the words "with the concurrence of the vocational education committee duly expressed by resolution".

We had a debate earlier with reference to this on Section 8.

A decision on amendment No. 22 will govern amendment No. 30.

They are practically all dealing with the same matter. The same idea has been conveyed in all my speeches this evening, but we do not seem to get anywhere. The Minister has not satisfied us as to his reason for introducing this section, and that is why we have put down these amendments. The Minister for Agriculture stated that he and the Minister for Education, when they were introducing Bills, would endeavour to bring the legislation into line with local government legislation in the matter of the retiring ages, and so on, of the officials of the county committees of agriculture. He mentioned that on the 1st December and I could go through other speeches and give you instances where he gave expression to that view. The Minister for Education has subscribed to it, too. If these Ministers are anxious to bring two sets of legislation into accord with a third set, how does it come about that the Minister for Education has introduced here a section which does not exist in the Agriculture (Amendment) Bill?

Why does the Minister want such powers? Such powers may exist in other legislation. They may have every justification, under the conditions that existed 17 years ago, or earlier. But why does the Minister consider that his service requires this big stick? The Minister for Agriculture, dealing with a similar type of officer, has no desire to introduce such a penal section. In an effort to mitigate the effects of this measure, we have put down amendments so that there shall be some concurrence with the committees. We ask the Minister to indicate the condition of the service that compels him to introduce this section, thus making the whole thing contentious. If this section had not been introduced, if he had framed the Bill in the manner in which the Minister for Agriculture framed his, then there would be no contention and there would be a great deal more cooperation and harmony in the service. Will the Minister give an indication why the section has been introduced?

According to a document which has been circulated to all Deputies—a memorandum by the Vocational Education Officers' Organisation—

"... we say that the Minister has in the Vocational Education Act of 1930 ample powers at his disposal for terminating the services of officers who for any reason are not suitable for retention in the services of vocational education committees. (See Section 27 of the 1930 Act.)"

Now, Section 27 of the 1930 Act says:—

"(1) The Minister may by order, either upon or without any suggestion or complaint from a vocational education committee, remove from his office or employment any paid officer or servant of a vocational education committee (whether appointed by or transferred by this Act to such committee) whom he considers unfit or incompetent to perform his duties, or who at any time refuses or wilfully neglects to perform his duties or any of them, and may direct that a fit and proper person be appointed in his place in accordance with the law relating to appointments to such office or employment.

(2) The Minister shall not remove under this section from his office an officer or servant of a vocational education committee unless and until he has caused a local inquiry to be held under this Act in relation to the performance by such officer or servant of his duties as such officer or servant and considered the report of the person who held such local inquiry."

According to this precious memorandum:—

"We are aware that in one case an executive officer continued or was allowed to continue in the service of a committee for a number of years subsequent to the termination of the period when he was capable of giving efficient service."

Apart from the questionable taste of referring to a deceased officer, I want to say that the only way in which an officer's service could have been terminated was under the section to which I have referred. How was it possible for a Minister, in a case of age or infirmity of mind or body, to determine, by the holding of a local inquiry, whether an officer was or was not capable? It is one of these cases where the Minister has either to be entrusted by the House with the responsibility which he should hold as Minister, or else we simply have the position continuing that persons who, for one reason or another, are clearly incapable of giving the type of service required, are continued in the service; and the Vocational Education Officers' Organisation ask me, and Deputy Connolly now asks me, why. Apparently they have not read the section. They certainly can never have approached the matter from the point of view of the Minister for Education, who is put into the position of trying to secure efficient service, while he is hampered by a section which forces a local sworn inquiry upon him.

This anonymous document goes on to say:—

"This case is merely one illustration of the failure of Departments of State to work in accordance with or to apply general principles, when particular individuals are concerned, or the circumstances associated with individuals are such that the Minister does not consider it would be politic for him to take the action normally appropriate and requisite."

The insinuation is so contemptible that it is scarcely worth referring to. There was no question at any time of its being politic or otherwise. There is no more foundation for that suggestion than for the other, that these proposals are aimed at particular individuals. The sole aim of the proposals is to bring the general body of legislation governing officials of local authorities into harmony and to see that the highest possible standard of efficiency is maintained. If the House refuses to give the Minister power to secure that, then the House will take the responsibility for any evils that may follow.

The Deputy Connolly about whom the Minister spoke in his concluding words is not a member of the organisation that circulated this pamphlet, a pamphlet for which Deputy Connolly has no responsibility.

Mr. Larkin

The Minister, as usual, losing his temper, charges the House with not supporting him and his Department. I do not think that is quite right. Nobody raised any political issue, but now that the Minister has touched upon that aspect, I should like to mention, in connection with his and other Departments, that the Government are throwing odium upon public administrators. I have been in public life for many years—I have been dealing with public administration for nearly 30 years. Is it suggested that I, as a member of any administrative body, would condone any inefficiency, lack of discipline, lack of technical ability? I remember an occasion when we suspended an officer in the Local Government Department, a man intimately concerned with the health of the community. That man was put back into his position by the Minister for Local Government.

The Minister for Education has no responsibility for the Department of Local Government.

Mr. Larkin

A moment ago the Minister attacked local administrative bodies. He also brought into the debate some foreign matter. The Minister seemed to imply that there were certain political influences at work in relation to a man who is known to some of us. It is true that inefficient officers have been kept in their positions, sometimes by the support of Ministers. In the case that I referred to—and I challenge contradiction—the man was suspended not only because he was a danger to himself, but because he was a danger to the community. He was suspended a second time.

The Minister for Education was not responsible.

Mr. Larkin

The Minister put that man back in his job again.

Not the Minister for Education.

Mr. Larkin

But this has relation to the Department of Local Government. We are told they are bringing agriculture and education into line with local government, and the whole case rests on the fact that a certain law applies to local government officials. Therefore, we must have all officials in the State on the same basis. All local authorities should not be dispensed with and their powers should not be taken away. Many of our local authorities have borne the malignity and the odium of the ordinary people; they accepted that while the Minister and others sheltered behind their positions.

Progress reported.
The Dáil adjourned at 9 p.m. until 3 p.m. on Wednesday, 15th December, 1943.
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