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Dáil Éireann debate -
Wednesday, 3 Dec 1947

Vol. 109 No. 3

Committee on Finance. - Local Government (Superannuation) Bill, 1947—Committee.

Section 1 agreed to.
SECTION 2.
Amendment No. 1 not moved.

I move amendment No. 2:—

In page 5, to insert before the definition of "local authority" the following definition:—

"the expression `harbour authority' means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946)."

This is a drafting amendment for the purpose of defining the expression "harbour authority" referred to in official amendment No. 16 and also amendment No. 79 dealing with the superannuation of officers of local authorities who were previously pensionable officers of harbour authorities.

Amendment agreed to.

I move amendment No. 3:

In page 5, to insert before the definition of "local authority" the following definition:—

"the expression `local body' has the same meaning as it has in Part IV of the Act of 1925;".

This is drafting amendment. It is proposed because the phrase "local body" which occurs in Section 81, 82, 83 and 85 needs a specific definition.

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

I move amendment No. 8:

In line 3, page 6, to insert "(other than employment in a supervising capacity)" before "on".

This is to meet a principle which is embodied in amendment No. 9 in the name of Deputy Larkin. Its purpose is to secure that permanent servants of a local authority who are employed on relief works for the purpose of supervising them shall be entitled to reckon their service for pension purposes while so employed.

Amendment agreed to.
Amendment No. 9 not moved.
Section 2, as amended, agreed to.
Sections 3 and 4 agreed to.
SECTION 5.
Amendment No. 10 not moved.

I move amendment No. 11:—

In sub-section (4), page 6, line 35, to insert "appropriate" before "Minister".

This is a drafting amendment. A number of Ministers have functions under this Bill and the purpose is to ensure that the appropriate Minister will deal with the matter.

Amendment agreed to.
Amendment No. 12 not moved.
Section 5, as amended, agreed to.
SECTION 6.

I move amendment No. 13:—

In page 7, line 1, to delete "the" where it occurs before "Minister" and substitute "any".

As the section stands, it would refer only to the Minister for Local Government and, as I have already mentioned, there are other Ministers who may be concerned in the administration of the Bill.

Amendment agreed to.
Section 6, as amended, agreed to.
Section 7 agreed to.
Amendment No. 14 not moved.
Sections 8 and 9 agreed to.
Amendment No. 15 not moved.
Sections 10, 11 and 12 agreed to.
SECTION 13.

I move amendment No. 16:—

In page 8, line 15, to insert "Act relating to superannuation or under any scheme relating to superannuation made under any" before "Act."

This amendment is really consequential on a later amendment.

Amendment agreed to.
Amendment No. 17 not moved.

I move amendment No. 18:—

To delete paragraph (f) and substitute:—

(f) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is an officer to alter his salary or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants.

This was designed to meet a criticism which was directed against the section of the Bill as it stands. It was suggested that the section imposes a heavy penalty for offences which might not be serious, such as a brief unauthorised absence of certain individuals. The new paragraph sets out in specific terms that strike action will result in the forfeiture of previous service.

Amendment agreed to.
Amendments Nos. 19 and 20 not moved.

I move amendment No. 21:—

To add to the section the following sub-section:—

(2) Where a period of service of an officer of a local authority has, having regard to paragraph (f) of sub-section (1) of this section, become forfeited—

(a) the local authority shall give notice in writing of the forfeiture to the officer,

(b) the officer may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture,

(c) the appropriate Minister may by order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (f) shall have effect subject to the declaration,

(d) the decision of the appropriate Minister on the appeal shall be final.

This provides for a right of appeal against forfeiture under the paragraph which I have already mentioned.

Amendment agreed to.
Section 13, as amended, agreed to.
Amendments Nos. 22, 23 and 24 not moved.
Section 14 agreed to.
Amendments Nos. 25 and 26 not moved.
SECTION 15.

I move amendment No. 27:—

In sub-section (1), page 9, line 6 to add "for Health" after "the Minister".

Section 15 deals with officers of mental hospital committees and the appropriate Minister in that case is, of course, the Minister for Health. The amendment proposes to make that clear.

Amendment agreed to.
Section 15, as amended, agreed to.
SECTION 16.

I move amendment No. 28:—

Before Section 16, to insert a new section as follows:—

An established officer shall be entitled to reckon as service any period during which he held a pensionable position in the service of a harbour authority.

This is an amendment which proposes that an established officer shall be entitled to reckon as service any period during which he had a pensionable position in the service of a harbour authority.

Amendment agreed to.
Section 16, as amended, agreed to.
Amendment No. 29 not moved.
Section 17 and 18 agreed to.
Amendment No. 30 not moved.
Section 19 agreed to.
Amendment No. 31 not moved.
Section 20 and 21 agreed to.
Amendments Nos. 32, 33 and 34 not moved.
Section 22 agreed to.
SECTION 23.

I move amendment No. 35:

To delete sub-section (2).

This sub-section provides for a reduction of the lump sum for every year after the age of 65 in accordance with Civil Service practice. We do not consider it proper to apply that principle to officers who pay their contributions at any age while they are in office.

Amendment agreed to.
Section 23, as amended, agreed to.
Section 24 and 25 agreed to.
SECTION 26.

I move amendment No. 36:

Before Section 26 to insert a new section as follows:—

Where an established officer of a local authority having not less than one year and less than ten years of pensionable local service ceases to hold his office on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

This amendment provides for short-term gratuities for officers who retire owing to a permanent infirmity of mind or body. It is a principle which is followed in Civil Service practice but it is a new departure in local services. The amendment covers, in a somewhat different form, the amendment which was put down to Section 49 in the name of Deputy Larkin.

I would ask the Minister if he has given any consideration to the possibility of giving a grant or pension to the dependents of members of the fire brigade who are killed in the execution of their duty. The Minister will remember that a number of fire brigade men were killed in the Pearse Street fire and the Government promised that they would do something for the widows of members of the brigade killed in similar circumstances. I do not think anything has been done by the Government for the widows of these men.

That matter can be raised on a more relevant section.

Should any disaster take place again, the widows ought to be properly looked after.

I understand there is a later section on which this question may be more relevantly raised, and the Deputy will be so informed.

I think the Deputy will find that Section 73 would seem to be the relevant section — gratuity or allowance in case of injury.

Thank you very much.

Amendment agreed to.

I move amendment No. 37:—

To add the following sub-section:—

(2) Where an established officer of a local authority dies in office having not less than one year and less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

This is to allow gratuities to be paid to the legal personal representative when an officer who dies has less than five years' service.

Amendment agreed to.
Section 26, as amended, agreed to.
Amendment No. 38 not moved.
Section 27 agreed to.
SECTION 28.

I move amendment No. 39:—

To delete from "the local authority" in line 30 to the end of the section and substitute therefor the following:—

"the following provisions shall have effect:—

(a) if the local authority are of opinion that she has served in her office with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

(i) one-twelfth of her pensionable remuneration multiplied by the number of years of her pensionable local service, or

(ii) her pensionable remuneration,

whichever is the less;

(b) if the local authority, although not being of opinion that she has served in her office with diligence and fidelity and to their satisfaction, nevertheless decide that in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) of this section reduced to such extent, not less than 50 per cent., as they consider proper."

It is the general principle of the whole of the superannuation code which we are now legislating that pensions and gratuities are only payable where officers have served in their office with diligence and fidelity. It is proposed to apply that principle to the payment of gratuities. Where, however, a person might be said not to have fully complied with that requirement, we take the power here to enable some gratuity to be paid.

Amendment agreed to.
Amendment No. 40 not moved.
Section 28, as amended, agreed to.
Section 29 agreed to.
SECTION 30.
Amendment No. 41 not moved.

It is met by the Minister's amendment No. 42.

I move amendment No. 42:

In sub-section (2), page 13, line 20, to delete "his voluntary resignation or misconduct," and substitute "misconduct and is not granted a gratuity under Section 26 of this Act,".

This meets the point raised in Deputy Martin O'Sullivan's amendment and the official amendment is directed towards making the refund of contributions obligatory in the event of voluntary resignation.

Amendment agreed to.

I move amendment No. 43:

To delete sub-section (3).

This is purely consequential on amendment No. 42.

Amendment agreed to.

I move amendment No. 44:—

In sub-section (4), page 13, line 29, to delete "five years" and substitute "one year".

The original proposal was to make it a condition of the payment of a gratuity that a person should have served five years. This reduces the five-year period to one year.

Amendment agreed to.

I move amendment No. 45:—

To delete sub-section (5) and substitute the following sub-section:—

(5) Where an established officer of a local authority having not less than ten years of pensionable local service ceases to hold his office for any cause other than misconduct does not accept any other pensionable office under a local authority and is not entitled to a lump sum and allowance under Section 22 of this Act or a marriage gratuity under Section 28 of this Act, the local authority shall return to him the contributions.

This is consequential upon the acceptance of the principle that the refund shall be obligatory on voluntary resignation.

Amendment agreed to.

I move amendment No. 46:—

Before sub-section (6), page 13, to insert the following sub-section:—

(6) Where an established officer of a local authority is removed from office for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions.

This is a partial acceptance of the principle contained in Deputy Martin O'Sullivan's amendment. The section as it stands will prevent the return of contributions in any circumstances where a person ceases to hold office for misconduct. There may be cases where, on compassionate grounds, it would be reasonable to return the contributions and, accordingly, we propose here, where there are special circumstances, to permit the contributions to be returned.

The Minister has nothing to say to it at all?

No, he leaves it to the local authority.

Amendment agreed to.
Section 30, as amended, agreed to.
Section 31 agreed to.
SECTION 32.

I move amendment No. 47:—

In sub-section (2), page 14, line 27, to insert "(i) or" before "(v)".

Circumstances may arise where the right to work overtime is regarded as part of the conditions of service and this will enable me to direct that overtime in certain circumstances may be reckoned as part of the salary for superannuation purposes.

Amendment agreed to.
Section 32, as amended, agreed to.
SECTION 33.

I move amendment No. 48:—

In sub-section (3), pages 14 and 15, to delete paragraphs (a) and (b) and substitute the following paragraphs:

(a) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is not less than three years—

(i) if, during the whole of the period or periods comprising the last three years of the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service, he was either in receipt of salary at the said particular rate or was in the same grade of officers — the amount of salary which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case — one-third of the aggregate of the amounts received by him by way of salary during the said period or periods comprising the said three years, or, in a case where he was not on full salary during the whole of the said period or periods, one-third of the aggregate of the amounts which he would have so received if he had been on full salary during the whole of the said period or periods, or

(b) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is less than three years—

(i) if, during the whole of the said period or periods, he was either in receipt of salary at the said particular rate or was in the same grade of officers — the amount of salary which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case — the monthly average, multiplied by twelve, of the amounts received by him by way of salary during the said period or periods or, in a case where he was not on full salary during the whole of the said period or periods, the monthly average, multiplied by twelve, of the amount which he would have so received if he had been on full salary during the whole of the said period or periods.

The purpose of this amendment is set out in paragraph (b). It provides, where a person retires and gets a gratuity, having less than three years' service, a basis for the calculation of the gratuity.

Amendment agreed to.
Section 33, as amended, agreed to.
Amendment No. 49 not moved.
Section 34 agreed to.
SECTION 35.
Amendment No. 50 not moved.

I move amendment No. 51:—

In sub-section (1), page 15, lines 23 and 24, to delete "he has not then" and substitute "on the 1st day of January, 1947, he had not".

Deputy Martin O'Sullivan's amendment, which is not being moved, was designed to secure that all officers and servants of local authorities, irrespective of age, should be allowed the benefits of the Act. We could not go so far as that, but a point has been made with regard to officials who would have been eligible if this Bill had been introduced earlier. The substitution of the 1st day of January, 1947, instead of the commencement of the operation of the Act, is a concession to meet the point of view expressed by Deputy Martin O'Sullivan.

Amendment agreed to.

I move amendment No. 52:—

To delete sub-section (4), page 15, and substitute the following sub-section:—

(4) Sub-section (1) of Section 15 of this Act shall apply in relation to a person whose name is entered under sub-section (1) of this section as if the words "of two years or more" in paragraph (a) and the whole of paragraph (b) were omitted.

This amendment is designed to secure that existing officers who were previously officers or servants of mental hospitals shall not be subject to the two years' minimum service as prescribed in Section 15. This is considered clearer as to the intention of the section and leaves no doubt as to the position of the officers.

Amendment agreed to.

I move amendment No. 53:—

In sub-section (6), page 16, line 4, to delete "sub-section (1) thereof" and substitute "that section".

This is a drafting amendment consequential on the proposed deletion in sub-section (2), Section 53.

Amendment agreed to.

I move amendment No. 54:—

Before sub-section (8), page 16, to insert the following sub-section:—

( ) No contribution under Section 29 of this Act shall, during the appropriate period, be required from a person who is appointed after the commencement of this Part of this Act to be a pensionable officer of a local authority as a result of an examination (whether by way of open competition or otherwise) held before such commencement if any other person was appointed before such commencement to be a pensionable officer of the local authority as a result of that examination.

In this sub-section, the expression "the appropriate period" means, as respects a person appointed to be a pensionable officer of a local authority, the period of continuous service of such person beginning when he takes up duty following such appointment.

Certain anomalies would be created if officers recruited from the same examination were appointed, some before the commencement of the Act and some after it, and the purpose of the amendment is to ensure that that anomaly will not arise.

Amendment agreed to.

I move amendment No. 55:—

Before sub-section (8), to insert a new sub-section as follows:—

( ) Where—

(a) a person died on or after the 1st day of January, 1947, and before the commencement of this Part of this Act,

(b) such person was, immediately before his death, a pensionable officer of a local authority, and

(c) such person, if he had not died and if he had remained in the service of the local authority, could have applied to have his name entered under sub-section (1) of this section,

the local authority shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under Section 26 of this Act the like gratuity (if any) as if this Part of this Act had commenced immediately before the death of such person and his name then stood entered under sub-section (1) of this section.

Representations have been made that the dependents of persons who died before the commencement of the Act should be given a lump sum equivalent to one year's salary. It was decided that the same principle should be followed in this case as in the case of the age limit of existing officers, that is, that we should accept the 1st January, 1947, as the limiting time, and three conditions must be fulfilled. Firstly, that the death should have occurred on or after the 1st January, 1947. Secondly, that the deceased officer should have reached pensionable status at the time of his death and that the deceased should have reached the age of 60 on the 1st of January, 1947.

Amendment agreed to.
Section 35, as amended, agreed to.
SECTION 36.
Amendment 56 not moved.

I move amendment No. 57:—

In sub-section (2), page 16, line 20, to insert "under the age of 60 years" before "has".

This amendment provides that persons becoming permanent officers or servants should be entitled to registration as established officers or servants.

Amendment agreed to.
Amendments Nos. 58 to 61, inclusive, not moved.
Section 36, as amended, and Section 37 agreed to.
SECTION 38.

I move amendment No. 62:

To delete sub-section (3), page 17, and substitute the following sub-section:—

(3) Where, as respects an established servant of a local authority having less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on the day on which he first became such servant or any anniversary of that day) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall remove his name from the register and shall inform him of such removal and the reason therefor.

This is an amendment designed to meet public criticism. As the sub-section stands it provides definite cancellation of previous pensionable service if, having less than ten years' service, an officer fails to attain 200 days employment in a particular year. Thus a person with nine years' service might be at a loss and it is proposed to reduce the period of ten years to five years. It deals with Deputy Larkin's amendment. As will be seen from the terms of amendment No. 62, we propose that the person concerned shall be informed of his removal and the reasons therefor. He will be notified.

Amendment agreed to.
Amendments Nos. 63 and 64 not moved.

I move amendment No. 65:

In sub-section (6), page 17, line 39, to insert "appropriate" before "Minister".

This is a drafting amendment, to insert the word "appropriate" before the word "Minister".

Amendment agreed to.
Section 38, as amended, agreed to.
Amendment No. 66 not moved.
Section 39 agreed to.
SECTION 40.

I move amendment No. 67:—

In page 17, line 52, to insert "Act relating to superannuation or under any scheme relating to superannuation made under any" before "Act".

Amendment agreed to.
Amendments Nos. 68, 69 and 70 not moved.

I move amendment No. 71:—

To delete paragraph (g) and substitute:—

"(g) any period before a date on which he deliberately absents himself from the place where he performs his duties or refrains from performing his duties with the purpose of inducing the local authority of which he is a servant to alter his wages or conditions of service or of inducing any other local authority to alter the salaries, wages or conditions of service of any of their officers or servants,".

This is an amendment similar to the amendment to Section 30.

Amendment agreed to.
Amendments Nos. 72 to 77, inclusive, not moved.

I move amendment No. 78:—

To add to the section the following sub-section:—

(2) Where a period of service of a servant of a local authority has, having regard to paragraph (g) of sub-section (1) of this section become forfeited—

(a) the local authority shall give notice in writing of the forfeiture to the servant,

(b) the servant may, not later than one month after such notice has been given to him, appeal to the appropriate Minister against the forfeiture,

(c) the appropriate Minister may by Order either refuse the appeal or declare that all or part of the period of service shall be restored and, in the latter case, the said paragraph (g) shall have effect subject to the declaration,

(d) the decision of the appropriate Minister on the appeal shall be final.

This is an amendment similar to the terms of the amendment moved in relation to officers under Section 13. Servants of local authorities who forfeit pensions shall be given notice in writing of the forfeiture and shall have the right to appeal.

Amendment agreed to.
Section 40, as amended, and Sections 41, 42 and 43 agreed to.
SECTION 44.

I move amendment No. 79:—

Before Section 44, to insert a new section as follows:—

( ) An established servant shall be entitled to reckon as service any period during which he held a pensionable position in the service of a harbour authority.

This again applies the same principle as we have adopted in Section 16 where a servant of a harbour authority may reckon as service any period during which he held such a pensionable position.

Amendment agreed to.
Amendment No. 80 not moved.
Section 44, as amended, agreed to.
Amendments Nos. 81 to 84 not moved.
Section 45 agreed to.
Amendments Nos. 85 to 88 not moved.
Sections 46 to 48, inclusive, agreed to.
SECTION 49.

I move amendment No. 89:—

Before Section 49 to insert a new section as follows:—

Where an established servant of a local authority having not less than one year and less than ten years of pensionable local service ceases to hold his employment on account of being incapable of performing his duties by reason of permanent infirmity of mind or body, the local authority shall grant to him a gratuity of such amount, not exceeding one-twelfth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

This extends the principle of granting a short-term gratuity to the case of officers who cease to hold employment by reason of a permanent infirmity.

Amendment agreed to.
Amendments Nos. 90 and 91 not moved.

I move amendment No. 92:—

To add the following sub-section:—

(2) Where an established servant of a local authority dies in his employment having not less than one year and less than five years of pensionable local service, the local authority shall grant to his legal personal representative a gratuity of such amount, not exceeding one-twelth of his pensionable remuneration multiplied by the number of the years of his pensionable local service, as they consider proper.

This provides where an established servant of a local authority dies in his employment, having not less than one year and less than five years' pensionable service, that a gratuity may be paid to his dependents.

Amendment agreed to.
Section 49, as amended, agreed to.
Section 50 agreed to.
SECTION 51.

I move amendment No. 93:—

To delete from "the local authority" in line 6 to the end of the section and substitute therefor the following:—

"the following provisions shall have effect:—

(a) if the local authority are of opinion that she has served in her employment with diligence and fidelity and to their satisfaction, the local authority shall grant to her a gratuity of an amount equal to—

(i) one-twelfth of her pensionable remuneration multiplied by the number of years of her pensionable local service, or

(ii) her pensionable remuneration.

whichever is the less;

(b) if the local authority, although not being of opinion that she has served in her employment with diligence and fidelity and to their satisfaction, nevertheless decide that in the special circumstances of the case, she should be granted a reduced gratuity, they shall grant to her a gratuity of an amount equal to the amount that would be appropriate under paragraph (a) of this section reduced to such extent, not less than 50 per cent., as they consider proper.

We have already accepted the principle that where a person has not served with normal diligence and fidelity he may be granted, in certain circumstances, a gratuity at a certain rate. As I have said, that has been accepted in the case of officers, and it is proposed to follow that practice in the case of established servants.

Amendment agreed to.
Amendments Nos. 94 and 95 not moved.
Section 51, as amended, agreed to.
Amendments Nos. 96 and 97 not moved.
Section 52 agreed to.
SECTION 53.
Amendment No. 98 not moved.

I move amendment No. 99:

In sub-section (2), page 20, lines 54 and 55, to delete "his voluntary relinquishment of employment or misconduct", and substitute "misconduct and is not granted a gratuity under Section 49 of this Act,".

This amendment is conseqential on a similar provision contained in the amendment to Section 30.

Amendment agreed to.

I move amendment No. 100:

To delete sub-section (4), page 21, and substitute the following sub-section:—

(4) Where, as respects an established servant of a local authority having not less than five years of pensionable local service, it is ascertained after any particular year (being a year beginning on an anniversary of the day on which he first became such servant) that he has not worked for the local authority as a permanent servant on two hundred or more days in that year, the local authority shall return to him any contributions made by him under Section 52 of this Act in respect of that year.

We are substituting the words "not less than five years" for the words "not less than ten years" contained in the sub-section.

Amendment agreed to.

I move amendment No. 101:—

To delete sub-section (5).

"To delete sub-section (5)."

Surely the Minister does not intend to delete that.

Just a moment. If the Deputy were handling this, I wonder whether he would be——

I am only trying to help the Minister.

This arises owing to the obligatory refund of contributions in cases of voluntary retirement.

Amendment agreed to.
Amendment No. 102 not moved.

I move amendment No. 103:—

In sub-section (6), page 21, line 20, to delete "five years" and substitute "one year.".

This amendment is consequential on the grant of short-term gratuities. It reduces the qualifying period from five years to one year.

Amendment agreed to.

I move amendment No. 104:—

To delete sub-section (7) and substitute the following sub-section:—

Where an established servant of a local authority having not less than ten years of pensionable local service ceases to hold his employment for any cause other than misconduct, does not accept any other employment under a local authority by virtue of which he becomes an established servant and is not entitled to an allowance under Section 46 of this Act or a marriage gratuity under Section 51 of this Act, the local authority shall return to him the contributions.

This amendment will make the refund of contributions obligatory in case of relinquishment of employment.

Amendment agreed to.

I move amendment No. 105:—

Before sub-section (8), page 21, to insert the following sub-section:—

(8) Where an established servant of a local authority is dismissed from his employment for misconduct, the local authority may, if they are of opinion that there are special reasons for so doing, return to him the contributions.

We have already provided in the case of officers that even where a person is dismissed, contributions may be refunded in special circumstances. It is proposed to give the same power in the case of servants.

Amendment agreed to.
Section 53, as amended, agreed to.
SECTION 54.
Amendments Nos. 106 and 107 not moved.

I move amendment No. 108:

In sub-section (2), page 21, line 51, to insert "(i)" before "(iii)".

This amendment deals with the reckonability of overtime as wages. There are some cases in which established servants habitually work overtime. It is proposed to allow them to reckon that overtime for purposes of superannuation.

Amendment agreed to.
Section 54, as amended, agreed to.
SECTION 55.

I move amendment No. 109:

In sub-section (3), page 22, to delete paragraphs (a) and (b) and substitute the following paragraphs:—

(a) in case the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service is not less than three years—

(i) if, during the whole of the period or periods comprising the last three years of the period or the aggregate of the periods which under this Part of this Act he is entitled to reckon as service, he was either in receipt of wages at the said particular rate or was in the same grade of servants — the amount of wages which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case — one-third of the aggregate of the amounts received by him by way of wages during the said period or periods comprising the said three years, or, in a case where he was not on full wages during the whole of the said period or periods, one-third of the aggregate of the amounts which he would have so received if he had been on full wages during the whole of the said period or periods, or

(b) in case the period or the aggregate of the periods which under this part of this Act is entitled to reckon as service is less than three years—

(i) if, during the whole of the said period or periods, he was either in receipt of wages at the same particular rate or was in the same grade of servants — the amount of wages which he would receive in a year calculated by reference to the said particular rate, or

(ii) in any other case — the weekly average, multiplied by fifty-two, of the amounts received by him by way of wages during the said period or periods or, in a case where he was not on full wages during the whole of the said period or periods, the weekly average, multiplied by fifty-two, of the amounts which he would have so received if he had been on full wages during the whole of the said period or periods.

An amendment has already been submitted covering the position of officers. This amendment is for the purpose of applying the same principle to servants so as to define the manner for calculating remuneration when the servant has less than three years' service.

Amendment agreed to.
Section 55, as amended, agreed to.
Section 56 agreed to.
SECTION 57.
Amendment No. 110 not moved.

I move amendment No. 111:—

In sub-section (1), page 23, to delete "two months" in lines 7 and 10 and substitute in each case "sixty days".

In the Bill, in dealing with the conditions to be fulfilled in order to secure entry on the register and to find a solution to the problem of broken time, which may be frequent in the case of a servant, we have used the phrase "two months". That might lead to difficulty in the administration of the Act. Accordingly we propose to substitute for "two months" the phrase "sixty days".

Amendment agreed to.
Section 57, as amended, agreed to.
Section 58 agreed to.
SECTION 59.
Amendments Nos. 112, 113, 114 and 115 not moved.

I move amendment No. 116:—

To delete sub-section (5).

This sub-section is being deleted on the same grounds as sub-section (4) of Section 55.

Amendment agreed to.

I move amendment No. 117:

Before sub-section (7), to insert a new sub-section as follows:—

(7) Where—

(a) a person died on or after the 1st day of January, 1947, and before the commencement in relation to the corporation of a county borough or the borough of Dún Laoghaire or the City of Dublin Vocational Education Committee of this Part of this Act,

(b) such person was, immediately before his death, a servant of such corporation then registered in a register of permanent employees then maintained by them or a servant of such committee, who on the 14th day of November, 1930, was a person to whom Section 53 of the Act of 1925 applied, and

(c) such person, if he had not died and if he had remained in the service of such corporation or committee, could have applied to have his name entered under sub-section (1) of this section,

such corporation or committee of which he was a servant shall have power, which shall be exercisable at their discretion and as respects which, notwithstanding any other provision of this Act, there shall be no appeal, to grant under Section 49 of this Act the like gratuity (if any) as if this Part of the Act had commenced in relation to them immediately before the death of such person and his name then stood entered under sub-section (1) of this section.

This provides for the type of case where a person died on or after the 1st January and before the commencement of the Act in relation to the corporation of a county borough or the borough of Dún Laoghaire or the City of Dublin Vocational Education Committee. At the present moment those are the only local authorities which employ pensionable servants and it is proposed here to extend to the pensionable servants in these authorities the same concession as we have already applied to the pensionable officers of these authorities.

Amendment put and agreed to.
Section 59, as amended, agreed to.
Sections 60 and 61 put and agreed to.
SECTION 62.

I move amendment No. 118:—

In sub-section (1), page 26, to insert in line 11 "harbour authority or" before "mental" and to add in line 21 "(after consultation, where the contributing authority are a harbour authority, with the Minister for Industry and Commerce)" after "Minister".

This is consequential upon the new section which was inserted before Section 16 allowing for services with harbour authorities to reckon for pension purposes. The effect of the amendment is to secure that harbour authorities shall contribute their share where the harbour services aggregated.

Amendment put and agreed to.
Section 62, as amended, agreed to.
Amendment No. 119 not moved.
Section 63 put and agreed to.
SECTION 64.

I move amendment No. 120:

In sub-section (3), page 26, line 49, to insert ", if they so think proper," before "may".

Under sub-section (3) of Section 64 a local authority has power with the consent of the Minister to restore an allowance which has been cancelled and the purpose of this amendment is to make it clear that the matter is entirely within the discretion of the local authority subject, of course, to the sanction of the Minister.

Amendment agreed to.
Section 64, as amended, agreed to.
Sections 65 to 67, inclusive, put and agreed to.
SECTION 68.

I move amendment No. 121:

In line 6 to insert "or a vocational or technical school teacher or any combination of such services" after "teacher".

This is really to cover a particular case of a man who worked for a technical committee and then went on to serve in a secondary school while he was taking his degree and, when his degree was duly taken, coming back again to a vocational committee. The section, as it stands, may cover his case. I move this amendment merely for the purpose of ensuring that his case is covered.

I am afraid I cannot accept this amendment. I think it is intended to deal with the position of the chief executive officer of a certain vocational education committee.

That is so.

The section, as it stands, enables regulations to be made to deal with the case of an officer of a vocational education committee who, before he was appointed, had teaching service as a primary school teacher or a secondary school teacher. Unfortunately the officer to whom I think this amendment would apply had a rather more complicated career. First of all, he was a secondary teacher in a certain town; then he was a technical instructor for a considerable number of years; he then became a secondary teacher in another town; and since — and for some 17 years or so — he has been employed by the County Carlow Vocational Education Committee. Now, under the section as it stands, he will be able to reckon only the last two of these services — that is to say, the service with the Carlow authority and the service as a secondary teacher in Cork. To go further back than that would bring in another urban authority responsible for no less than 11 years. It happens that this urban authority has been complaining very recently about the burden of its pensions and I think I could not, in view of their attitude and against their will, decide to saddle them with the burden of providing for the officer concerned. I may say that there is nothing to prevent the present employers from adding years to the officer's service on his retirement but, in that event, they would have to bear the cost of such added years subject to the recoupment of 50 per cent. of the added years by the Minister for Education. I do not think I can deal with this case at all. I am told it is the only case of its kind. If I were to deal with it I should find it very hard to resist other amendments designed to deal with the personal circumstances of particular officers.

It is not so much a matter as to whether the particular local authority to whom the Minister has referred is prepared to foot the Bill or not. I think it is a matter of justice. This teacher has given continuous service in one category or another. It is true that he left a particular service to go to Cork to take out his degree, but at no time did he break his service and he has given to that particular local authority 11 years' efficient service. I think purely as a matter of equity the Minister must agree that he is entitled to be considered and that it should not matter whether he was a vocational, technical or secondary school teacher. I think his case should receive sympathetic consideration. I am sure the Minister is prepared to consider it sympathetically. If he is not prepared to make a final decision on it now, perhaps he will allow it to stand over until the Report Stage.

Very well.

Amendment, by leave, withdrawn.
Section 68 put and agreed to.
Amendment No. 122 not moved.
Section 69 put and agreed to.
Sections 70 to 72, inclusive, put and agreed to.
SECTION 73.

I move amendment No. 123:—

In sub-section (1), page 30, line 51, to insert "father or" before "mother".

I think the purpose of this amendment is obvious. It is to allow the gratuity or the allowance to be paid to the father as well as to the mother.

Amendment put and agreed to.
Amendment No. 124 not moved.
Question proposed: "That Section 73, as amended, stand part of the Bill."

I wish to appeal to the Minister to give the benefit of this section to the three widows of the fire brigade men who lost their lives in the Pearse Street fire. That happened some 12 years ago. At the time the whole country showed its sympathy to these widows and expressed its amazement that there were no pensions available for them other than workmen's compensation. A good many Deputies and members on the Government Front Bench expressed their sympathy and their regret that nothing could be done. These three widows had a very hard struggle to bring up their families since their husbands were killed when attending to their duties. Within ten minutes of their leaving Tara Street fire brigade station a terrific explosion took place in Pearse Street which alarmed thousands and ended the lives of these three splendid officers.

I make an appeal to the Minister in this matter because I believe his sympathy lies in that direction. It might be in his power under sub-section (5), which says that the Minister may make regulations for the purposes of this section, to do something in connection with these cases. I appeal to him to send out a Christmas message to these widows that something will be done for them and that they will be included in the Bill.

I cannot do anything in a case like this. If I were to make the Bill retrospective for the number of years that Deputy Byrne wishes me, the burden on the local authorities would be an impossible one. When making these pleas, we ought to act with some responsibility. The widows concerned in this matter have already got compensation.

What did they get?

They got compensation anyhow. I think the case arose about ten years ago.

I do not think the Minister should get into a huff because I put the matter to him in the way that I did. I appealed to him to include these people and he says that I should act with some responsibility. I hold I am acting with responsibility because I was encouraged by the sympathy expressed from the Government Front Bench at the time the men were killed. Their dependents received the sympathy of the country and of the Government and the Government expressed regret that they could do nothing for them. There was a public appeal made and everybody who helped on that occasion expressed amazement that nothing was being done for the widows of these three brave men who gave their lives in the exercise of their duty.

This clause would not be in the Bill at all only for the agitation that was created following the death of these three men. These widows have had a hard time since their husbands died leaving them with families to rear. They have reared their families very well. I feel sure that my appeal to the Minister to include these three widows will be supported by every Deputy.

This is just another example of the Deputy's electioneering stunts.

This unfortunate tragedy occurred 12 or 13 years ago. What has the Deputy done, so far as the Dublin Corporation is concerned, to secure compensation for these dependents? He makes his plea for them here, trying to wring all our hearts. It is not necessary for him to do that.

We are all in full sympathy with these people and we would all have consideration for them, but we also have responsibilities. If we were to make this Bill retroactive, not only to 1st January as is proposed here, but for ten years in respect of this particular class of person, what justification would we have——

Give it to them from today only.

——for withholding the benefits from other people who are in the same position or from other categories of persons for whom the same sort of plea could be made? The Deputy is an old hand at the Parliamentary game and at the electioneering game. At least, he ought to draw the line somewhere. He knows that, no matter who was sitting on these benches——

I could not compare with you anyway.

——and had responsibility for this Bill, he would have to refuse the request of the Deputy if he had any sense of responsibility. But the Deputy makes it and, knowing he will be refused, will be able to go out and say to those people and their friends: "I made the plea for you in the House; I tried to do my best for you, but the hard-hearted Minister turned me down." If any other Government were sitting here instead of this Government, he would make the same sort of display and he would get the same answer, because no matter what Government is in office it has to act with a sense of responsibility. The Deputy says he is independent. He has no responsibility and never is likely to have any responsibility, because he is never likely to be a member of a Government.

I was offered it once by your Party. That is something new for you.

The Deputy must not interrupt the Minister.

His statement is so ridiculous as even to move the Chair to laughter.

I was offered it once by your Party if I voted against the Cosgrave Government and I refused.

I have no knowledge of the incident which the Deputy alleges to have occurred.

I do not think it arises.

I do not think the unsupported observation of the Deputy in regard to that matter will carry conviction even to the most foolish mind in this city.

It is out of order anyhow.

The Minister is trying to indulge in abuse.

The House is in Committee and, if the Deputy wishes to speak again on this matter, he is entitled to do so.

I have not interrupted. He has been abusive to me.

The Minister is entitled to speak without interruption.

The Deputy has suggested that the dependents of the men who lost their lives in this unfortunate occurrence have not received compensation. The fact is that the following compensation was paid: Mrs. McArdle and her children, £600; Mrs. Anne Malone and her son, £500; Thomas and Mrs. K. Nugent, father and mother of one of the deceased, £100. The firemen concerned paid a weekly contribution of 4d. under the Widows and Orphans Pension Act and the payment to the widows commenced on 6th October, 1936. The payment to Mrs. McArdle was at the rate of 35/- per week, which has been increased since, and to Mrs. Malone at the rate of 15/- per week. It must be obvious to everyone what a hollow sham and humbug the Deputy's action is, because he knew that the persons for whom he spoke had already received compensation. Yet, as I have said, in order that he may be able to stand up in this House as their champion and to point to me as the person who refused to listen to his ad misericordiam appeal, as the hard-hearted Minister, he makes this public demonstration, knowing well that neither I nor any other person with a sense of responsibility to the citizens and ratepayers of the City of Dublin could grant it.

Question put and agreed to.
SECTION 74.

I move amendment No. 125:

In sub-section (3), page 31, line 40, to insert "(or, in the case of the exercise of a power under any other Act, any corresponding provisions of that Act)" before "shall".

As the sections stands at the moment, the right of appeal is limited to cases arising under Section 69. As the section applies to all pensionable officers and servants it is necessary that the extended right of appeal in sub-section (3) should apply to the rights of appeal under other Superannuation Acts.

Amendment agreed to.
Section 74, as amended, agreed to.
SECTION 75.

I move amendment No. 126:

Before Section 75 to insert the following section:—

(1) Where a local authority or mental hospital authority granted before the passing of this Act an allowance or a lump sum to or in respect of a person in relation to his having ceased after the 1st day of November, 1946, to hold any office or employment in their service, they may increase the rate of the allowance or the amount of the lump sum to such extent as may be sanctioned by the relevant Minister.

(2) Where a local authority or mental hospital authority grant under this or any other Act an allowance or lump sum to or in respect of a person in relation to his having ceased to hold before the 1st day of April, 1950, any office or employment in their service, they may, in the case of an allowance, grant it at a rate greater, to such extent as may be sanctioned by the relevant Minister, than the rate that would be appropriate therefor apart from this sub-section and, in case of a lump sum, grant it as of an amount greater, to such extent as may be sanctioned by the relevant Minister, than the amount that would be appropriate therefor apart from this sub-section.

(3) Where a person is aggrieved by a refusal or failure during the period of 12 months after the passing of this Act to grant an increase under sub-section (1) of this section, such person may, in the case of a refusal, not later than six months after the refusal, or, in the case of a failure, not later than six months after the expiration of the said period of 12 months, appeal to the relevant Minister against the refusal or failure.

(4) Where a person is aggrieved by an increase granted under sub-section (1) of this section, he may, not later than six months after the grant of the increase, appeal against it to the relevant Minister.

(5) On an appeal under this section, the relevant Minister may by Order either refuse the appeal or make such provisions as should in his opinion have been made by the local authority or mental hospital authority concerned, and any provision so made by the relevant Minister shall have effect as if made by that authority.

(6) The decision of the relevant Minister on an appeal under this section shall be final.

(7) In this section—

the expression "mental hospital authority" means a mental hospital authority within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945);

the expression "the relevant Minister" means—

(a) in relation to a local authority, the Minister, and

(b) in relation to a mental hospital authority, the Minister for Health.

This new section differs from the original Section 75 which it is proposed to amend in two ways. First of all, it includes officers and servants of mental hospital committees and secondly, the rights of appeal specified in sub-section (3), (4), (5) and (6) to the terminal date 1st of November, 1949, has been extended to the 1st April, 1950, so as to allow a clear three years from the last date on which general increases were granted, that is, from the 1st April this year.

Amendment agreed to.

I move amendment No. 127:

Before Section 75 to insert a new section as follows:—

(1) Where an officer of a local authority to whom Part IV of the Local Government Act, 1925, applies, ceases to hold office during the period commencing 1st November, 1946, and ending on 31st March, 1950, the expression "yearly salary and emoluments" shall for the purposes of the said Part IV of that Act, be deemed to mean salary, fees and emoluments of which such officer is in receipt at the time he ceases to hold office.

(2) Where an officer of a local authority — or an officer of the Electricity Supply Board who had been transferred to the service of that board from a local authority and had not elected to be deemed to have surrendered the superannuation benefits to which he was entitled by virtue of his transfer to the service of the board — ceased to hold office at any time prior to 1st November, 1946, and was granted an annual allowance for life in relation to his having so ceased to hold office, such allowance shall, if it is an allowance which is variable from time to time in accordance with the average cost of living in Éire, be increased as follows, and shall be deemed to have been so increased as from 1st November, 1946:—the variable element therein shall be adjusted to the cost-of-living index of 270 and the Local Authorities (Cost-of-Living) Act, 1940, and the Local Authorities (Cost-of-Living) (Amendment) Act, 1945, shall be amended accordingly.

(3) Where an officer of a local authority — or an officer of the Electricity Supply Board who had been transferred to the service of that board from a local authority and had not elected to be deemed to have surrendered the superannuation benefits to which he was entitled by virtue of his transfer to the service of the board — ceased to hold office at any time prior to 1st November, 1946, and was granted an annual allowance for life in relation to his having so ceased to hold office, such allowance shall, if it is an allowance which is not variable from time to time in accordance with the average cost of living in Éire, be increased as follows, and shall be deemed to have been so increased as from 1st November, 1946:—the allowance payable as at 31st October, 1946, shall be deemed to have been calculated in accordance with the provisions of sub-section (2) of Section 46 of the Local Government Act, 1925, on a cost-if-living index of 175 and the variable element so ascertained shall be adjusted to a cost-of-living index of 270.

The purpose of this amendment is to make provision for the cases of officials who retired before May, 1940. I feel that they should have their pensions adjusted to meet the increased cost-of-living inasmuch as they are faced with exactly the same adverse circumstances as all other local government pensioners. The majority of them are older, and some of them have smaller pensions, than their colleagues who retired at a later date and their expectation of life is naturally shorter. They are not a very large body and the cost of granting their just claim would not be a heavy burden on the ratepayers. The justice of their claim has been admitted by representatives of all political parties and by Independents. Press comments, too, have been most favourable. In view of the consensus of public opinion in their favour, there is surely no valid reason why the Government should hesitate to meet their case by embodying the requisite clause in the Bill.

I wish to support the amendment put forward by Deputy Doyle. Some of these officials who retired ten, 15 or 20 years ago were given very small allowances at the time and these allowances have not been increased. On the other hand, the allowance is just sufficient to prevent their qualifying for any other benefits or services administered by the Department of Local Government or the Minister for Social Welfare. These men and women are suffering very great hardships and I think the Minister should accept the amendment.

I do not think it is necessary to accept the amendment in view of the amendment which I have just moved. The new section is very wide in its terms and it will allow all that the Deputy desires. With regard to sub-section (2) of the amendment which deals with the question of adjusting the variable elements, so as to bring them into some relation to the cost-of-living index, I am taking this question of the cost-of-living bonus on existing pensions into consideration, and I may move an amendment on the Report Stage to deal with it. I cannot, however, do anything to deal with the position of those persons who retired before the emergency, and I do not think I should, in a Bill of this kind. Accordingly, as far as sub-section (3) is concerned, I think I would not be able to meet the Deputy in any way.

Am I to understand that between this and the Report Stage the Minister will consider if he can meet the case I have put forward in any possible way?

On sub-section (2), but not on sub-section (3). I may, in relation to those who retired during the emergency but not in relation to those who retired prior to the emergency. I should like to say, as I have already indicated, that I may be in a position to move an amendment on the Report Stage dealing with the position of persons who retired on pension between the 1st July, 1940, and the 31st of October, 1946, with pensions based upon the cost-of-living bonus.

Amendment, by leave, withdrawn.
Section 75 deleted.
Sections 76 and 77 agreed to.
SECTION 78.

I move amendment No. 128:—

In sub-section (2), page 32, to insert in line 41 "appropriate" before "Minister" and to delete "the" in line 42 where it first occurs and substitute "that".

This is a drafting amendment.

Amendment agreed to.
Section 78, as amended, agreed to.
Section 79 agreed to.
SECTION 80.
Amendment No. 129 not moved.

I move amendment No. 130:—

To delete sub-section (2) and substitute:—

(2) Where, as respects a person who holds an established position in the Civil Service of the Government on the passing of this Act, the following conditions are complied with, that is to say:—

(a) immediately before he commenced to hold such position, he held an established position in the Civil Service of Saorstát Éireann for a period,

(b) immediately before the period mentioned in paragraph (a) of this sub-section, he held a temporary position in the Civil Service of Saorstát Éireann for a period,

(c) immediately before the period mentioned in paragraph (b) of this sub-section, he held a temporary position in the Civil Service of the Provisional Government for a period,

(d) before the period mentioned in paragraph (c) of this sub-section, he was a pensionable officer of a local authority for a period,

the periods mentioned in paragraphs (a) and (d) of this sub-section may be aggregated and deemed to be service for the purposes of the Superannuation Acts as applying to such person.

We have used the term "Civil Service" throughout the Bill and in Section 2 we have defined it by reference to certain other Acts. We want to make it quite clear here that, in the particular cases of these officers, some of whom held temporary positions in the service of Saorstát Éireann and some of whom held temporary positions in the service of the Provisional Government or otherwise, they should all be regarded as having served in the Civil Service and that their service should be aggregated for pension purposes. I want to reconsider the amendment and it is probable that on the Report Stage I will bring in an amendment to delete paragraph (c) of this amendment. I do not think it is altogether necessary.

Amendment agreed to.
Amendment No. 131 not moved.
Section 80, as amended, agreed to.
SECTION 81.

I move amendment No. 132:—

Before Section 81, to insert a new section as follows:—

81.—(1) Where a servant of the corporation was absent from duty during any period in respect of which this section applies and the period of absence would, but for this section, be regarded for the purposes of the pension enactments as breaking the continuity of his service with the corporation, the following provisions shall have effect for those purposes:—

(a) the period of absence shall be regarded as not breaking the continuity of his service with the corporation, and

(b) notwithstanding the provisions of the foregoing paragraph, the length of the period of absence shall not be taken into account in reckoning the length of his service with the corporation nor, where an allowance for life or a gratuity is granted to him, in reckoning the amount thereof.

(2) In this section—

the expression "the corporation" means the mayor, aldermen and burgesses of Limerick;

the expression "period in respect of which this section applies" means any period beginning on or after the 30th day of June, 1944, and ending before or on the 6th day of July, 1944;

the expression "the pension enactments" means, in relation to a servant of the corporation, the enactments (including this Act) governing the grant to him on ceasing to be employed of an allowance for life or a gratuity.

Several Deputies have approached me from time to time regarding the position of the servants of the Limerick Corporation during the period of the emergency. They took strike action and, in doing so, they lost their pensionable service. Representations were made to me from time to time to restore the continuity of service. In general, I am very strongly against that, because I think people who are in the public service and are in the enjoyment of secure employment with pensionable rights ought to think twice before they decide to dislocate the public service. In this particular case action was taken by a certain section of the employees of the Limerick Corporation which might have endangered the health of the citizens. For that reason I would have been even more obdurate than normal in refusing to restore them to the position which they forfeited by their own action. However, as we are passing this superannuation code, which will apply in general to the whole country, I am prepared to allow these people to make a fresh start and to restore the pensionable service which they enjoyed prior to the occurrences of June and July, 1944.

Amendment agreed to.

I move amendment No. 133:—

Before Section 81 to insert a new section as follows:—

Any superannuation allowance granted by the Lord Mayor, Aldermen and Burgesses of Cork to any of their servants during the period which began on the 9th day of September, 1926, and ended on the 31st day of March, 1948, shall be valid in all respects and payment of such allowance may accordingly continue to be made after the passing of this Act.

This is to cover the cases of certain employees of the Cork Corporation. During the period from 9th September, 1926, up to the present, certain employees of the Cork Corporation were paid small weekly retiring allowances. These were people who retired on the ground of permanent infirmity. The corporation so far has not had any power to superannuate these employees and accordingly it is questionable whether the payments were legal or not and we have decided that the payments should be regularised so that the persons concerned will not be open to further surcharge.

Amendment agreed to.
Section 81 agreed to.
Sections 82 to 84, inclusive, agreed to.
SECTION 85.

I move amendment No. 134:—

Before Section 85, to insert a new section as follows:—

"An officer of a local body in relation to whom Part IV of the Act of 1925 or any Act passed before the Act of 1925 and relating to superannuation applies shall be entitled to reckon as service for the purposes of the said Part IV or the said Act passed before the Act of 1925 any period during which he held a pensionable position in the service of a harbour authority.

The official amendment No. 28 to Section 16 provided that an established officer of a local authority shall be entitled to reckon as service any period during which he held a pensionable position under a harbour authority. This amendment deals with pensionable officers of local authorities who would remain under the 1926 or any other Acts dealing with superannuation.

Amendment agreed to.
Section 85 agreed to.

I move amendment No. 135:—

After Section 85, to insert a new section as follows:—

Notwithstanding anything contained in Part IV of the Act of 1925, the consent of the Minister shall not be required to the grant under that Part of—

(a) an annual allowance the amount of which does not exceed one-sixtieth of the yearly salary and emoluments of the grantee for each completed year of his service, or

(b) a gratuity under sub-section (3) or sub-section (4) of Section 44 of the Act of 1925.

The purpose of this amendment is to allow local authorities to pay allowances or gratuities under the Local Government Act, 1925, provided the proposed payments do not exceed the scale specified, unless the specific sanction of the Minister has been obtained.

Amendment agreed to.
Schedule and Title agreed to.
Bill reported with amendments.

I am not certain that the Dáil will be meeting on Friday, but I should like, if I am permitted, to put the Report Stage down for that day.

Provided there is agreement to give the Minister the remaining stages next week, will he agree to take the Report Stage next Wednesday?

Yes.

Report Stage fixed for Wednesday, 10th December.

The Dáil adjourned at 7.40 p.m. until 3 p.m. on Thursday, 4th December.

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