I move that the Bill be now read a Second Time. In this Bill I propose the abolition of the county management system and its replacement by one based on popular administration.
The management system was first introduced in Cork City by the Cork City Management Act, 1929. It was extended to the other three county boroughs and to the Borough of Dún Laoghaire at various stages in the following ten years. The County Management Act, 1940, applied the system to the administrative counties, boroughs, urban districts, towns under town commissioners, and joint bodies, i.e., joint mental hospital boards and joint boards of assistance, but not to vocational education committees or committees of agriculture.
The County Management Act vested in an officer called the county manager all the functions of the local authority other than reserved functions, which include the making of a rate, the borrowing of money, the bringing into force of enactments, the disposition of property under the Municipal Corporation Acts, applications for public inquiries into extensions of boundaries, and the nomination of persons to act on other public bodies. The manager has control and supervision over officers and servants. The appointment of rate collectors by a county council was, however, reserved to the elected members of the council.
The Act contains a provision enabling the elected members of a local authority to require the manager to give effect to their wishes in a particular instance. This power can, however, be exercised only by resolution at a special meeting of which notice must be given and at which either one half the total membership of the local authority or two-thirds of the members present vote in favour of the resolution. The power does not extend to the exercise of the manager's functions in relation to staff matters, to the giving or withholding of public assistance in an individual case or to requiring the manager to take prosecutions or refrain from prosecuting in a particular instance. The manager is also obliged to furnish information in relation to the affairs of the local authority to the chairman of the local authority or to the local authority itself when requested to do so. The manager is empowered to attend meetings and to take part in discussions.
The estimates must be submitted by the manager to the local authority and may be amended by them, but, when an amendment to which the manager objects is proposed, the amendment must be considered at a special meeting.
The manager is an officer of the county council and may be suspended by resolution at a special meeting of which not less than seven days' notice is given and at which the resolution for suspension is passed by two-thirds of the members of the county council.
The Act provided for the dissolution of the boards of health and for the transfer of their functions to the county councils. Provision was made in the Public Assistance Act, 1939, for the transfer to county councils of the public assistance functions of these boards except in joint areas. Under the County Management Act, the functions of mental hospital committees were also transferred to the county councils except in cases where the mental hospital caters for a wider area than one county.
The County Management Act, 1940, the Public Assistance Act, 1939, and the Local Government Act, 1941, which consolidated and amended the law relating to officers and servants of local authorities, were brought into operation on the 26th August, 1942. The legislation thus implemented centralised the administration of local affairs in the county councils and by vesting the executive functions of the county council and the urban district councils and other elective bodies, if any, in the county, in a county manager, had the effect of transferring to one official the main part of the authority formerly possessed by a number of local bodies. In some cases two counties were grouped under one county manager.
The county management system has since its inception been the subject of considerable criticism. The main objections have been that it is undemocratic that public representatives are unaware of important aspects of administration performed by the manager, that a paid official with no representative status in whom all executive power is vested is constituted a legal part of the corporate body, membership of which was heretofore wholly dependent on election by the people. The argument put forward that financial control and general supervision rests with the local representatives had not proved convincing. When the estimates are being considered the elected representatives are presented with an estimate of expenditure proposed to be incurred by the county manager in the ensuing financial year. The council have no effective control over the expenditure and apart from the fact that a special meeting has to be called when the manager objects to an amendment of the estimate, the elected members are faced with the argument that the council have already entered into commitments or that the manager cannot effectively discharge his functions unless the estimate which he presents is accepted.
I may say, in fairness to the protagonists of the system that they never regarded it as an ideal or perfect system. The Act was at most regarded as an experiment worthy of a fair and extensive trial. I should also say that my colleagues in the Government and I quite recognise that prior to the introduction of the management system some amendment of the law was necessary to relieve the elected bodies from the burden of overloaded agendas, with resultant long sessions in which matters of detail frequently took up more time than matters of general policy and control. We recognise that smaller executive bodies, more frequent meetings and full documentation of the agenda with expert advice are needed.
The "cure" introduced for this state of affairs was, however, too radical. Local representatives resented the removal of control from their hands. The administration of many managers was, rightly or wrongly, subjected to public criticism. Successive Ministers for Local Government felt obliged to issue both general and particular admonitions warning managers that they must not exercise their functions in isolation from the public representatives who, in pursuance of their reserved functions, could, theoretically at any rate, supervise the application of the moneys which they voted for public purposes. In many cases, of course, these warnings were not necessary. Many managers displayed the utmost willingness to co-operate with their councils, to take them into their confidence and keep them informed and to consult them beforehand on important aspects of the administration. But the managers themselves were in an invidious position: they were charged by law with certain responsibilities and some of them antagonised their councils by emphasising their statutory independence. In these circumstances, local representatives could not be expected to maintain a lively interest in local administration. Many of them grew apathetic and some of those who, in other circumstances, would have taken an energetic part in local affairs would not even present themselves for election. A great deal, of course, depended on the personality of the manager, but I hold that any scheme of legislation whose success depends on so fortuitous a contingency needs amendment. When we came to consider it, we found the management system needed abolition and replacement by a new system of administration that would enable local government to be carried out efficiently and expeditiously by the people's chosen local representatives.
Apart from the change involved in the appointment of managers, many people regretted the passing in 1942 of the boards of health and public assistance. These bodies were constituted in 1925, following the abolition of boards of guardians from 1919 to 1922 and of rural district councils under the Act of 1925. The original poor law bodies, like the grand juries, had their roots deep in alien ascendancy and had little claim to popular representative status. But the bodies which replaced them in 1898 were democratic bodies and, with the widening of local government franchise, ultimately to adult suffrage, they were constituted on as democratic a basis as this House is constituted. When the functions of the boards of health and public assistance passed to the county councils and largely, in effect, to the managers, many people concerned with or interested in social problems, expansion of the health services and the relief and rehabilitation of the poor and infirm, felt that they had been deprived of a specialist, deliberative body which had rendered very significant service to the reform of the old poor law system in this country. But here, again, growing expenditure and the increasing complexity of local business demanded too much of the time and attention of these bodies: the load was becoming too great. The boards were not, however, reformed: they were abolished and replaced by the management system.
The Local Government (County Administration) Bill, now before the House, has been designed to meet both the objections to the county management system and the requirements of expeditious and efficient administration by the publicly elected councils as a whole and by their specialist committees and constituent bodies. The Bill provides that the County Management Acts, 1940 and 1942 (excepting the provisions consequential on the dissolution of boards of health) shall cease to have effect save in relation to the Borough of Dún Laoghaire. The management system in the four county boroughs is not interfered with by the provisions of the Bill, although some sections apply to all local authorities. The city management system is intended to be the subject of separate legislation.
In place of the county management system the Bill provides the machinery for an alternative system under which many functions at present discharged by county managers will be discharged by the elected members of the body or by committees elected by and composed of such members. The present county managers will become county officers and will discharge certain specified functions known as employment functions, tenancy functions and individual health functions, and will also be required to attend on the discharge by the elected members of the business of the local authority.
A county officer will be appointed for each county. He will be county officer for the county council and for every elective body (that is, borough corporation, urban district council and town commissioners) within the county. Where the functions of a joint body (a joint mental hospital authority, a joint board of public assistance, a joint library committee or a joint drainage committee) extend into two or more counties, the Minister will appoint the county officer for one of the counties to be county officer for the joint body.
The county officer will be the chief officer of every local authority for whom he performs functions. For the purposes of appointment, suspension, removal and remuneration he will be an officer of the county council only.
Existing managers of single counties will become county officers in their respective counties. The provisions contained in the County Management Acts whereby certain counties were grouped under one manager are not being continued. In these cases the Minister will appoint the manager to be county officer for one of the two counties after consultation with the councils of the two counties and the county manager. The two existing assistant county managers in Cork County will become assistant county officers and in other counties the Minister may by Order create one or more than one office of assistant county officer for the county.
Section 15 contains an important provision enabling the post of county officer to be merged in the post of county secretary on the occurrence of vacancies. This provision is intended to secure as far as possible a gradual reversion to the pre-1942 position when the county secretary was the chief officer of the county council. Where the office of county officer is vacant at the commencement of Part II of the Bill or where the office becomes vacant subsequently, the Minister may by Order transfer the functions of the county officer to the county secretary. Before making the Order the Minister must consult the council of the county and if the county secretary was appointed prior to the commencement of Part II of the Bill the Order cannot be made except with his consent. If the county secretary is appointed subsequent to the commencement of Part II of the Bill his consent to the making of a transfer Order will not be required. The Order made under the section may contain such provisions as are considered appropriate for enabling the transfer to have effect. In counties where there is one or more assistant county officer, an Order may be made transferring the functions of the county officer to either an assistant county officer or the county secretary. If the functions are transferred to an assistant county officer, then this officer will, on the occurrence of a vacancy in the office of county secretary, assume the duties of that office under the title of county secretary. An Order transferring the functions of the county officer to an assistant county officer who, before the commencement of Part II, was an assistant manager in a permanent capacity, cannot be made except with his consent.
If, on the other hand, the office of county secretary is vacant at the commencement of Part II of the Bill or becomes vacant thereafter, the Minister may by Order made after consultation with the county council transfer the functions of the county secretary to the county officer who will then be known by the title of county secretary. If the county officer is appointed by virtue of his having held in a permanent capacity the office of county manager, then the Order cannot be made without his consent.
These proposals are intended to conduce to an eventual unification of the higher responsibilities of county council staffs and to secure consequent economy in higher officers' salaries. They also explain the adoption of what I must admit is a rather nondescript title for the chief officer. The best title is "county secretary" and the title of "county officer" is one under which I hope the chief officer will labour only temporarily.
The functions of county councils and elective bodies are divided under the Bill into five classes—scheduled functions, employment functions, tenancy functions, individual health functions and executive functions. The scheduled functions of the council of a county or of an elective body will be discharged directly by the county council or the elective body. They cannot be delegated to a committee or county officer. These functions correspond generally with the reserved functions under the management system.
The employment functions are the functions relating to officers and servants, including appointment, employment, promotion, remuneration, dismissal and superannuation, other than the appointment of county rate collectors. The appointment of county rate collectors is a scheduled function and will be made as at present by the county council.
The tenancy functions are the functions relating to the selection of tenants, the making of lettings, the making of advances under the Small Dwellings Acquisition Acts, the recovery of possession and the fixing and recovery of rents.
The individual health functions are the functions relating to decisions as to whether or not a particular individual may avail of any health service, other than medical assistance under the Public Assistance Act, 1939, and with respect to decisions as to the extent of treatment and also decisions as to the amount of any charge to be made for such treatment. Decisions relating to the admission and discharge of patients in mental institutions are also individual health functions.
The employment, tenancy and individual health functions of the council of a county or an elective body will be performed by the county officer.
The manner of exercise by the county manager or, as now proposed, by the county officer of employment functions is for the most part already governed strictly by statute and statutory regulations. The more important executive posts and all professional and technical posts are filled under the Local Authorities (Officers and Employees) Act, 1926. This Act requires these posts to be filled either by a candidate recommended by the Local Appointments Commissioners or by the promotion, within a limited period and with the sanction of the Minister, of a person holding an analogous permanent post under a local authority. In the exercise of functions relating to appointments to all these classes of posts, the county officer will, therefore, be subject strictly to a definite statutory procedure which either affords him no discretion in selection or makes his selection subject to the regulations and to the subsequent approval of the appropriate Minister.
In the case of appointments to which the Act of 1926 does not apply, the county officer will also be subject to regulations made by the Minister under the Local Government Act, 1941.
As regards suspension and dismissal of officers the position is that either the manager or the Minister may suspend an officer; only the Minister has the power of removing a suspension; and either the Minister or the manager, with the approval of the Minister, may remove an officer from office. These restrictions on the manager's powers in this regard will apply in equal manner to the powers of the county officers.
Apart, therefore, from the general control of the day-to-day work of the staff, the county officer's part in the performance of employment functions will be strictly controlled.
In the discharge of employment functions the county officer will be governed by the provisions of Section 29 of the Bill. These require him to obtain the approval of the elective body or of the appropriate executive committee of the council, as the case may be, before submitting to the appropriate Minister a proposal to create new permanent offices. Except in the case of offices the filling of which is mandatory consequent on any statute or any Order or direction given under statute, the county officer must obtain the approval of the elective body or executive committee before taking steps to fill vacancies permanently, and, where he makes a temporary appointment, must notify the elective body or executive committee who, if they so decide, can terminate the appointment.
As regards the performance of tenancy functions, the county officer will be similarly subject to strict and detailed statutory enactments or to the process of law in the courts. In the letting of houses the county officer must have regard to the character, industry, occupation, family circumstances and existing housing conditions of the applicants.
In the case of houses in urban areas the county officer will be required, wherever practicable and subject to the conditions laid down in the Housing Acts and the letting regulations, to give a special preference to applicants of the "special class", which comprise families living in one-roomed dwellings where one or more members suffer from tuberculosis, or have attained the age of 16 years, or where the dwelling has been condemned as unfit for human habitation. A next preference is to be given to other families displaced from unfit or overcrowded houses. Similar preferences must be given in the letting of labourers' cottages after a first preference, wherever practicable, has been given to persons working on the land and herdsmen. In determining the relative order of preferences the county officer is required to have regard to a report from the appropriate medical officer as to the existing housing accommodation of each applicant and as to the degree of urgency of his need for alternative accommodation.
The making of lettings, recovery of possession, making of advances, recovery of instalments and enforcement of covenants are matters governed by law and by the conditions embodied in legal instruments.
The fixing of rent is a function governed by the general finances of a housing scheme and by the particular scheme of rents determined thereunder. Differential renting schemes are, I am glad to say, becoming more numerous. In these schemes, the essential principle is a periodical revision of rent within an overriding economic maximum, according to the ability of tenants to pay. This is determined according to fixed scales embodied in the scheme, and the scheme itself, being part of the general financial basis of the work, will have previously come under review by the elected body. The fixing, revision and recovery of rent will, therefore, be carried out by the county officer under fixed rules which the local authority will already have approved.
The individual health functions which will be performed directly by the county officer or by an officer to whom such performance is delegated comprise functions such as are at present exercised in practice by the county medical officer in each county and by the resident medical superintendent of a mental hospital.
It will, therefore, be seen that the functions which the county officer will discharge without reference to the public representatives are either so regulated and controlled by statute as to give him little or no personal discretion in decisions, or are such as are not appropriate for performance in public or by a deliberative body. The county officer will be held responsible for the discharge of these functions according to whatever statutes and regulations govern them. Apart from departmental review of the manner in which the county officer carries out these functions, Section 45 of the Bill requires the county officer, at the request of a local authority or executive committee, or the chairman of such body, to give information in regard to employment and tenancy functions, including information as to the manner in which he proposes to perform the functions of selecting tenants.
The executive functions comprise functions other than scheduled functions, employment functions, tenancy functions and individual health functions. These functions are so numerous that it would be impossible fully to list them in the Bill or to recite them here in the House. Under the existing management system they are discharged by the county managers. Under the new system they will be discharged by the elected representatives.
Taking first the case of housing, executive functions will include the determination of the number of houses to be erected, the acquisition of the necessary sites, the planning of the houses, the supervision of their building (whether by contract or by direct labour), the demolition or repair of unfit houses, the maintenance of existing local authority houses, the acceptance of tenders and making of contracts for the erection or repair of houses or for materials required for housing and the acquisition of land for the provision of sites to private builders.
In so far as roads are concerned, executive functions will include all decisions in relation to the preparation and carrying out of the annual road works programme, the acceptance of tenders and the making of contracts where such are involved, the manner in which road materials are to be provided and the acquisition of lands for roads.
Under the heading town and regional planning, the executive functions will include all matters in relation to the exercise of interim control.
Under the heading public assistance, executive functions will include the granting of home assistance, the planning of public assistance institutions, and the making of contracts for new institutions and other public assistance services.
Executive functions relating to health services will include such functions as the planning of and acceptance of tenders for erection of hospitals and clinics, the adoption of health schemes, including the making of arrangements with extern institutions, the establishment of clinics, the adoption of immunisation and other schemes, contracts for supplies for all requirements for health services, including food, hospital equipment, etc.
Under the heading sanitary services, executive functions will include the initiation of schemes, the approval of plans for sanitary services, i.e., water supply schemes, sewerage schemes, sanitary conveniences, burial grounds, public baths and public lighting, the acceptance of tenders for sanitary service schemes and for equipment needed therefor and the acquisition of land.
Functions coming under the heading of general purposes, which will be executive functions, include the submission of schemes under the Local Authorities (Works) Act, 1949, the issue of licences under the Milk and Dairies Acts and the Slaughter of Animals Acts, the selection and purchase of public library books and equipment and the making of allowances under the blind welfare scheme.
These examples of executive functions are not by any means exhaustive. They are, at best, a mere cross-section of the work which will come up for consideration and speedy decision by local bodies. Its volume has, no doubt, increased very considerably since 1942. Similarly the amount of detail involved in it is very great. To restore democratic control of this work and at the same time to maintain efficiency and expedition in its performance has been the problem to which I have had to address myself. My solution is to vest these executive functions in executive committees selected by and composed of members of the county council. The Bill also provides that urban authorities may, if they so wish, appoint executive committees. Urban bodies are in a position to meet more frequently than the county authorities.
In Part III of the Bill you will find my proposals for the constitution and procedure of executive committees. The county council is required to set up two executive committees in whom will be vested the responsibility for performance of the executive functions. These committees will be known as the general executive committee and the health executive committee. The health executive committee will perform the executive functions of the county council relating to health matters. The general executive committee will perform the executive functions of the county council relating to all matters other than health matters. Health matters are defined in the Bill as matters coming within the jurisdiction of the Minister for Health. Each committee will be composed wholly of members of the county council and will be elected annually on the system of proportional representation by means of the single transferable vote. The numbers of members in each committee will be one-third of the members of the county council; provision is made for the appointment of a chairman and vice-chairman; the quorum is fixed at three and, subject to rules of procedure to be made by the county council, an executive committee can regulate its own procedure for the discharge of business. A report on the business transacted at each meeting must be furnished to the county council. An executive committee of the council of a county will perform the executive functions by means of an executive order signed by the chairman of the meeting at which it is decided to perform such function. It will be the duty of the county officer to submit drafts of executive orders, but the executive committee may also make orders on their own initiative or amend or reject an order submitted by the county officer.
The executive functions of an elective body will not be as numerous as those of a county council. For example, an urban district council or borough will not have any public assistance or health functions. For this reason and because they are in a better position to meet more frequently than the county committee the performance of the executive functions of an elective body is vested in the body itself but if they so desire they may appoint one or more executive committees and may delegate executive functions to them. Where an elective body appoints an executive committee, the election procedure and provisions governing discharge of functions of the executive committee will be the same as for an executive committee appointed by the county council. A delegation made by an elective body to an executive committee may be revoked at any time by the elective body.
An executive committee of the council of a county are empowered to delegate to a sub-committee, consisting of not less than three members of the executive committee, the performance of particular executive functions in relation to the whole or part of the county or the performance of all executive functions in relation to part of the county. This provision would enable sub-committees to deal with particular matters such as home assistance in different parts or in the whole of a county. The members of a sub-committee will be elected on the system of proportional representation and will go out of office at the date of the annual meeting of the county council. The procedure at meetings of a sub-committee will be regulated by rules made by the executive committee. The sub-committee must furnish a report on the business transacted at every meeting held by them to the executive committee by whom they were appointed.
An executive committee of the council of a county may also delegate to the county officer the performance of particular executive functions in relation to the whole or part of the county.
A delegation to either a sub-committee or to the county officer can be revoked by the executive committee. To keep in line with the idea of the county council as supreme authority, there is a provision that the executive committee must revoke a delegation to either a sub-committee or the county officer, if the county council pass a resolution to this effect.
Power is also given to the county council to require that an executive committee or sub-committee, or, in the case of an executive function delegated to the county officer, the county officer, as the case may be, shall perform a particular executive function in a particular way. This power can be exercised by the county council by resolution passed by a simple majority.
As I have indicated, executive functions of an elective body may be discharged by such body, but if they so desire, they may appoint one or more executive committees and may delegate executive functions to them. The election procedure and provisions governing discharge of functions will be the same as for an executive committee appointed by the county council. An elective body may also delegate particular executive functions in relation to the whole or part of the functional area of the body to the county officer. The elective body can revoke a delegation to either an executive committee or to the county officer and will have the same powers as the county council to require an executive committee or the county officer, as the case may be, to perform a particular executive function in a particular way.
Special provisions are included in Section 22 of the Bill to deal with cases where urgent business is to be transacted at meetings of executive authorities and a quorum is not present at the time and place of the meeting. Where a decision relating to the grant of home assistance in a particular case forms all or part of the business to be transacted at a meeting of an executive authority and a quorum is not present the chairman will hold a meeting and may make the decision himself. If the chairman is not present the county officer will make the decision. In so far as business other than decisions on the grant of home assistance in particular cases is concerned, the provision of the second sub-section of Section 22 are adoptive—that is, they may be applied in the rules made by the county council or elective body regulating the procedure of the executive committee or in the rules made by the executive committee of a county council regulating the procedure of an executive sub-committee. The position then will be that where a meeting has been summoned and where a quorum is not present and where the county officer certifies that a particular business before the meeting is urgent, then the chairman of the committee or sub-committee or, in his absence, the county officer may, subject to the fulfilment of any conditions incorporated in the rules of procedure, discharge such executive function.
Under existing law, local authorities have power to set up advisory committees and committees to whom they may, with the sanction of the appropriate Minister, delegate functions. These various provisions are being repealed and a new section—Section 50 —included in the Bill enabling county councils, elective bodies and executive committees of county councils to set up advisory committees to consider any matters connected with the functions of the local authority and to advise thereon. These committees may include persons who are not members of the local authority. It is expected that under the new system full use will be made by local authorities of this power. Advisory committees could be set up, say, to watch over the expenditure of a county council or elective body; to advise on the purchase of books for libraries or to advise on representations which may be made to the local authority by residents in a particular area in regard to some aspects of local government.
The county officer may attend meetings of a local authority and take part in discussions. As already mentioned, it will be his duty to submit drafts of executive orders to an executive committee or an elective body at a meeting at which executive functions are being performed. He will be included in the officers mentioned in Section 61 of the Local Government Act, 1925, whose duty it is to warn the members of a local authority whenever a proposal is made to do anything which would involve an illegal payment or a loss to the funds of the local authority. If such a proposal is passed despite objection, then the members voting for it and nobody else may be surcharged on any surcharge that may subsequently be made as a result of the decision.
Payments will be made by the county officer subject to authorisation, in so far as scheduled and executive functions are concerned, given to him by the local authority in either general or particular terms. He will not be held responsible for any payment made as a result of a decision which was taken contrary to his advice or which was taken despite objection made thereto under Section 61 of the Local Government Act, 1925.
A local authority or the chairman of a local authority can require the county officer to furnish information, advice or assistance either periodically or on a particular occasion as required. In particular the county officer may be required to furnish information in relation to receipts and expenditure and also, as previously stated, records relating to employment functions, records relating to tenancy functions and information as to the manner in which he proposes to perform the function of selecting tenants.
The estimates will be prepared by the county officer who must consult each executive committee and an estimates committee (if such a committee has been appointed) before submitting them to the county council. In the case of an elective body, he must consult an estimates committee (if one is appointed) before submitting them to the elective body. The estimates may be amended by the local authority and, as so amended, they may be passed forthwith.
A county officer may delegate any of his functions to an assistant county officer. He may delegate functions other than employment functions, tenancy functions, individual health functions or the authorisation of payments to a county secretary, a county accountant or such other officer of the council as may be approved by the Minister. Where a function (other than one of the excluded functions) relates to a borough, urban district or town, it may be delegated to the town clerk and when it relates to a joint body, to such officer of the joint body as may be approved by the Minister. Individual health functions may be delegated only to an assistant county officer or to an officer approved by the Minister for Health. The county officer cannot delegate any function which has been delegated to him by an elective body or an executive committee except with the consent of the delegating body.
A county officer may, after consultation with the chairman of the county council, appoint a person to be deputy county officer during a period of temporary absence on leave or otherwise. If, for any reason, the county officer does not appoint a deputy county officer in his absence, the Minister will appoint one. The Minister is also empowered to remove a deputy county officer.
For the purposes of his appointment, suspension and removal, the county officer will, as I have stated, be an officer of the county council only. The exercise of these powers is made a reserved function. The county council will, therefore, exercise authority over the county officer in the same way as he exercises authority over the other members of the staff of the local authority.
While the Bill does not affect the management system in Dublin City and other county boroughs, it provides that the Dublin City Manager will, by virtue of his office, become county officer for Dublin County. He will also be borough manager for the Borough of Dún Laoghaire. The administration of the Dublin Board of Assistance will also be integrated with the administration of Dublin City and County. The County Management Act, 1940, brought the Dublin Board of Assistance under the management system in the same way as other joint bodies. At the time of the coming into operation of the County Management Act, commissioners were acting in place of the board. In June, 1942, the County Management (Amendment) Act, 1942, was passed and provided that the commissioners should discharge the functions which would otherwise be discharged by the county manager. The Dublin Board of Assistance was reconstituted in 1948 and, in the same year, under the Local Government (Dublin) (Temporary) Act, a commissioner who had been discharging the duties of the board since 1942 continued under the title of chief executive officer to discharge the functions which would otherwise be discharged by the county manager for Dublin County. The Act was due to expire on the 30th June, 1949, but it has been continued by successive Orders for six-monthly periods. The Act will now be repealed and the administration of the board will be integrated with that of Dublin City and County.
There will be four Dublin assistant city managers under the Bill. The officers who will hold these posts are specified in Section 60. One of these officers is a permanent assistant city and county manager, two are acting as temporary assistant city and county managers, and the fourth is the chief executive officer for the Dublin Board of Assistance. Each of these officers will hold the amalgamated office of Dublin assistant city manager, Dublin assistant county officer and assistant borough manager for the Borough of Dún Laoghaire. The Dublin city manager will be empowered to delegate to any of these officers functions in relation to Dublin County Borough, Dublin County Council, Dún Laoghaire Borough Council, elective bodies such as the Rathdown and Balrothery Boards of assistance and joint bodies such as Grangegorman Mental Hospital Board and the Dublin Board of Assistance.
Miscellaneous matters arising out of the primary provisions of the Bill include provisions enabling an appeal against a decision affecting the remuneration, duties or conditions of service of servants of a local authority of a particular class, description or grade to be made to the elected members. The elected members will decide the appeal and to the extent to which it is confirmed by the appropriate Minister it will be binding on the county officer. Where the local authority concerned is a joint body their decision must first be confirmed by the rating authorities who defray the expenses of the local authority. Provisions enabling appeals to be made by officers of local authorities are contained in the Local Government Act, 1941.
Another provision contained in the miscellaneous part is that which enables local authorities to enter into agreements whereby one of them will perform the functions of another in cases where it is more convenient that this should be done. Local authorities have already had somewhat similar powers in this regard in relation to particular functions such as the execution of works under the Local Authorities (Works) Act, 1949. The power given by that Act is being availed of to a great extent by local authorities.
There are other miscellaneous provisions in the Bill. One amends Section 70 of the Local Government Act, 1925, to restrict the disqualification for employment of a person for remuneration by a local authority to the local authority of which he is, or has been within 12 months, a member. At present the disqualification applies also in the case of any other local authority whose functional area is, or is situate in, the same county or county borough or in any adjoining county or county borough.
Section 65 makes a temporary modification of the Local Authorities (Officers and Employees) Act, 1926, to enable the Local Appointments Commissioners to set up panels of candidates for appointment to the offices mentioned therein.
The new system of administration to be set up under the Bill will encourage and enable members of local authorities to take a much more active part in local affairs and it will thus make greater demands on their time. In view of this there is a special provision in the miscellaneous part of the Bill providing that subsistence allowances will be payable to members living not less than one mile from the place of meeting. At present allowances are payable only where a member lives not less than three miles from the place of meeting.
The main objective which was kept in mind in framing this legislation was to design a system which would be democratic as well as efficient. Many lessons have been learned as to the danger of sacrificing democracy on the altar of efficiency. The democratic basis of the proposals now before the House cannot be questioned and at the same time it will be seen that the need for efficiency and expedition in the handling of local affairs has not been overlooked. An administrative machine must not be allowed to become rusty through lack of use. Neither must it be so overloaded with work that it becomes strained. The existing machinery was becoming rusty because all effective control and power had been taken from the hands of the elected representatives by the 1940 Act. Simply to repeal that Act and restore the pre-1940 system would provide an overstrained machine. The new system restores local administration in the fullest sense to the elected local representatives and provides for such devolution of the work to committees of the elected representatives as will enable it to be done expeditiously and efficiently. It has been applied in a manner calculated to achieve the fullest possible flexibility.
I have every confidence, therefore, that the public representatives will welcome their new responsibilities under the Bill and that they will carry out their public duties with conscientiousness and zeal. The managers are men of experience and ability. It is not their fault if they were given an unpopular status as a non-representative part of the corporate entity of the local body. Under this Bill, they will be integrated into the local service as officials employed and controlled by the elected bodies. I have every reason to believe that they will welcome their new positions and that they will give good service to their local authorities. So, I am sure, will all the local staffs whose establishment, mode of recruitment and conditions of service have been improved so materially in the last 25 years.
I have good grounds, therefore, for believing that this Bill will provide a system making for efficient and democratic administration of local affairs and as such I commend it to the House.
