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Dáil Éireann debate -
Thursday, 15 Feb 1951

Vol. 124 No. 2

Local Government (County Administration) Bill, 1950—Committee Stage (Resumed).

Debate resumed on Section 15.

When I moved to report progress, I was dealing with the extraordinary position that has arisen under this Bill. I want to know which section, if this section is passed, is to become law—Section 8 or Section 15— because they are directly contradictory to one another. Under Section 8, you are bound to have a county officer and, as a matter of fact, his title shall be county officer—Cork County Officer, Dublin County Officer, and so on as the case may be. Sub-section (2) of the section which we are discussing now, reads as follows:—

"Where an order is made under sub-section (1) of this section transferring functions to a county secretary, the order shall provide that the title of the office thereafter to be held by such county secretary shall be ................County Secretary (with the name of the county prefixed."

Under Section 8, the law is going to be that there must be a county officer and that he must be called a county officer. Nevertheless, under this section, Section 15, he is going to be called a county secretary. Which of the two is he going to be called? This is not an honest Bill. It is completely contradictory, in these two sections, at any rate. If the Minister's intention under this Bill is what it was alleged to be by his legal adviser, Deputy Sweetman, then why continue paying two officials to do one man's work and put a burden of some £50,000 on the ratepayers of County Cork?

The Deputy has said nothing on this occasion that he did not say before, verbatim.

If the Bill goes through, and if this section goes through, it will create confusion in the minds of every local authority throughout the country. Nobody will know where he stands. God knows, there is confusion enough there already.

Especially in East Cork.

Yes. I am very sorry that Deputy Cowan has left, or that some representative of Deputy Cowan's Party is not here now because the particular Minister whom Deputy Cowan sent into this House, the Minister for Health, Dr. Browne, spent six months in communication with Dr. Alfred O'Rahilly, the President of University College, Cork, under the impression that he was the hospital authority for South Cork. I have here a copy of the interview that we had with the Minister in which he made that statement, lest my word be doubted. It is rather extraordinary, if this hatred of county managers is so fully in the minds of the Government of to-day, that elected representatives were not chosen in connection with the national mass radiography scheme. They put seven county managers as seven directors in charge of it and not one elected representative of the people was chosen.

This Minister is not responsible for that matter or for its administration.

I am dealing——

With a matter for which this Minister has no responsibility.

Before I go any further on this particular section I should like to hear a definite statement by the Minister as to which of these two sections is to operate and be law. I want that information for the benefit of the ordinary representative down the country. Is it Section 8 or Section 15 that is to be the law? That is one thing I would like to know from him. Secondly, I would like to know from him, if it is his intention to operate Section 15, can he give any justification for the continuance in office of county officers, can he tell us what the duties of those county officers are to be, can he give us any instance in which the county secretary is not fully employed at present, and can he tell us by what means he intends that the county secretary shall be able to do the whole-time work, the functions that he is now assigning to the county officer, along with his present work? If he can explain that to me, we might get this section through a little quicker.

Before the Minister deals with that point I would like to say that I very seldom find myself in agreement with Deputy Corry, but that it does seem, as Deputy Corry has mentioned about 20 times within the last few minutes, that there is a drafting error in the Bill, in that Section 8 does seem to specify in very definite terms that each county shall have a county officer and that Section 15 which we are now discussing makes provision for the county officer fading out, so to speak, and the duties being performed by a person who will be called the county secretary. Unlike Deputy MacEntee or Deputy Corry, I do not think there is any evidence that there was anything sinister in the mind of the Minister or of the parliamentary draftsman in relation to that.

The draftsman has nothing to do with it.

I did not allege that there was anything sinister. I said it was like something that would emerge after an all-night sitting that was not too dry.

You can interpret that in whatever way you like.

You can interpret that in whatever way you like.

I find it difficult at times to understand Deputy Corry's language. Perhaps the same words do not bear the same meaning for us. In any event, if there is any necessity to correct a flaw in the wording of this Bill, I suggest that it must be done on another stage, because the amendment is necessary to Section 8 and not to Section 15. I think Deputy Corry is correct in calling the Minister's attention to that particular matter and I would be glad if the Minister would indicate that it will be rectified.

It is sometimes rather difficult to tolerate the didactic style of some Deputies here, even when they are, quite, I suppose, unwittingly, misleading the House. If the Deputy who has purported to lecture us here about the defects of Section 8 would read more carefully Section 15, he would see that sub-section (10) states:

"The provisions made by or under this section shall have effect notwithstanding any other provision of this or any other Act."

Deputy Corry and myself both stand corrected.

I do not purport to correct Deputy Corry. I only heard Deputy O'Higgins and my remarks are addressed to Deputy O'Higgins.

Effectively, also, to Deputy Corry.

Section 15 was under discussion yesterday evening. In the course of that discussion I said that the Minister, in his Second Reading speech, gloried in the fact that this Bill was reducing the status of county managers. I wish to apologise. I was in error in saying so, but I was not very much in error, because his right-hand assistant, the Parliamentary Secretary, seemed to glory in the fact that we were reducing the status of existing county managers.

The Parliamentary Secretary said, at column 127, Volume 123, Dáil Debates:—

"If this Bill did nothing else than to change the title from ‘county manager' to ‘county officer,' it would be a good thing and would have a good effect on the people. I do not think it is right to represent any man, as the county manager has been represented, as the actual manager of a county council, urban district council, corporation or town commissioners. The name has a ring of dictatorship about it, whether there is dictatorship or not and in many cases the manager was regarded as a virtual Pooh-Bah in his own county. I hold no brief against any man. I have met the majority of managers and found them all reasonable men but, unfortunately— this is my personal opinion—because they were given the title ‘county manager' they were boosted to such an extent that nothing could happen in the county, town or village without the manager being consulted. It was bad from that point of view because it gave those officers an air of responsibility which it was never intended to give them."

"An air of responsibility." The public consulted them because they happened to be called county managers. They will now be be called county officers, and we take it that it is the Minister's desire and the Parliamentary Secretary's desire that they should not be consulted and that they should not be considered responsible people in their own county by the people who live in the county. Is that what this section is meant to do? I just want to put that to the Minister. I thought the Minister made the statement. I now find that it was the Parliamentary Secretary. I think it bears out what I said originally on the Bill and what I reiterated last evening—that the object of this was to belittle and to lower the status of the principal administrative officer in each of the counties.

On this side of the House we are not concerned very much whether you call him a manager, an administrator or a county officer, but if the concern of the Minister and his colleagues beyond is to belittle the status of an important officer in the local services, I think that is bad. It must be bad generally, bad for the whole community. The principal officers of the State service are respected in the community in every way, and if they live up to that and act accordingly there should be full respect for them.

With regard to Section 15, this is an objectionable section, every way you take it. I want to ask the Minister, definitely and deliberately, what is the final object in making every chief officer of the county a county secretary?

You first make them county officers and some of these persons may remain in office for quite a long period. In some counties you may have a county office for the next 30 years. You cannot prevent it happening unless you alter the law. You may have in neighbouring counties the chief officers as county secretaries. Is that a desirable thing in local government as a long-term policy? I say it is not. For one thing, it must lead to confusion: Let them all become county secretaries or have them all county officers; let them be known under the one name. They will have the same status and they will be performing the same functions. Otherwise, this procedure that is proposed will lead to all types of confusion—there is no doubt about that.

You set them up in the first instance.

That is not the point. On this side we are satisfied to leave them as they are. If the majority of the House want to make a change, do not make one that will lead to confusion, as you are doing in Section 15. Have all these officers known under the one name right through the State. In Section 14 the proposal is to appoint assistant county officers. Even when the principal officer becomes county secretary you can still have assistant county officers in the same county. There is nothing in Section 14 that will make an assistant county officer an assistant county secretary.

I seriously suggest to the Minister that he should reconsider this matter. There should be some uniformity in the local government service, and you should have each officer of a particular status known by the one name. There is nothing unreasonable in that. Why we should be setting out to make for confusion, I cannot understand. I am surprised we have not heard Deputy Cowan referring to sub-sections (8) and (9) of this section. I am surprised he has not made the welkin ring about that. The Minister is taking power to alter the law, either the existing law or the law when this Bill becomes an Act; he is taking power to alter it by Order.

I do not think there was ever a provision in any legislation that went through this House that is so far-reaching as the proposal set out in either sub-section (8) or sub-section (9). The Minister can modify any provision under this or any other Act. It may be good law, but we definitely object to the Minister's proposal to have two types of officers. You may have a county secretary in one county and a county officer in another. I do not think it is desirable that the chief officer should, in addition, be the secretary of a council. I cannot see any advantage.

The secretary of the county council is responsible for all the payments, for the thousands of payments—and there might be almost a million payments— in the year. To perform that function alone would take a considerable amount of his time, if he performs it as he should. He has to take full responsibility. When this Bill is passed he will have as many functions to perform as the county manager has at the present time; actually he will have more functions to perform than the county manager. In addition to that we are going to make him county secretary. He will be responsible to the auditor for every payment made. There are many other important functions that will be handed over.

Already provision is made under which the Minister will appoint assistant county officers. According to this Bill, you can have an assistant county officer in every county if the Minister so desires. He does not need to consult anyone. He can create one or more assistant county officers in any county. Why should we have all this confusion? Let us have one set of officers, managers, administrators, county officers or county secretaries, but call them by the one name, whatever name it may be. Call them anything you like, any name that this House thinks desirable.

We know the functions they will have and I say that under this Bill they will have to perform more functions than they have at the present time. They will have the executive committees and whole-time county councillors. Maybe some people would like that.

You would not object yourself.

I would and I am sure the Deputy would also. I feel sure he would not desire to be a whole-time county councillor. I hope the Minister will reconsider this matter and will give an undertaking that he will recast the section and have some uniformity in the names of the officers performing the same duties in each county.

Before we proceed further with Section 15, I should like to ask the Minister to state whether in his view, in the case of non-grouped counties, he anticipates that the county secretary will be able to do the work of the former secretary and of the former county manager, or whether he anticipates it will be necessary to appoint an assistant county secretary. It is very important in the discussion of this section to have some idea of what is in the Minister's mind as a result of the changes contemplated. We could proceed to discuss the section more satisfactorily if the Minister will answer that question in regard to the non-grouped counties.

I am rather surprised at Deputy Allen's objection to the section. He must be aware that the secretary of the council of which he is a member has acted on several occasions as county manager. The Deputy says a lot of work will be thrown on the county secretary. He must also be aware that the county manager of that county has appointed three staff officers and on several occasions when meetings were held and the manager was away sick, the secretary acted for him.

To my mind, we have too many officers in all the counties. I think the Minister has not gone far enough. We do not agree to the present position where we have county managers. We never stood for it as a Labour Party. The people who are objecting now to the change of name are the very people, under the ex-Minister who is now sitting on their Front Bench, to put in a county manager in my county in 1942. Deputy Allen knows that as well as I do. They put in a dictator who told us what to do and that we should do this or should do that. On the Fianna Fáil Benches there are people talking and they are not sincere in what they say. If they were sincere we would never have county managers to take away the rights of the people. I would not call him a county manager. I would call him a public servant paid for by the ratepayers. Deputy Allen thinks that it is offensive to change his name from manager to that of county officer.

I do not.

A public servant, that is what he is.

A comrade.

A commissar.

We, too, are looked upon as servants of the people and I do not care whether we are called T.D.s or not.

A commissar.

That is what you meant when you voted for the County Management Bill. Deputy Allen would not like to be a whole-time county councillor but he went a long way at the last local elections in order to be elected to the county council.

A whole-time county councillor?

If you went before the people, that is your job.

This is nonsense.

Let us get rid of this hypocrisy about changing the name from county manager to county officer. If I had my way we would never have a county manager.

For the benefit of Deputy Corry I shall read once again the purpose of this section:—

"The purpose of this section is to enable the offices of county officer and county secretary to be amalgamated under the latter title according as vacancies arise. In the case of existing managers and county secretaries amalgamation will not take place without their consent. The local authority will be consulted in each case before amalgamation takes place."

I want to repeat that once more for Deputy Corry. There is no question of creating additional offices nor do we propose to wipe out, without the consent of the elected representatives of the people, any of the existing offices. The representatives of the ratepayers will say if it is possible for them to carry on the work by amalgamating two posts into one. Nothing will be done without the consent, agreement and consultation of these representatives.

Would the Minister——

We have introduced a Bill here, which is now the property of the House, and which has been accepted in principle unanimously by the House. To my mind, every member of the House has equal responsibility in making this an effective instrument for the carrying on of local government in the country. Local government is one of the most important, if not the most important, function that can be entrusted to elected representatives. Many members of this House are also members of county councils and of urban authorities. I am sure it is their desire that the best possible instrument should be forged in this House to carry out the functions of local government. It has been decided to alter the management system, as we know it, but in doing that we want to alter the system with the least possible dislocation and to ensure the maximum of efficiency. It was felt that the elected representatives did not have sufficient power under the existing system, that too much power was vested in the managers and the House has now decided, by giving a Second Reading to this Bill, to alter that system.

This Section 15 is a very important section because in that section and in the Bill generally, we aim at having the chief officer administering the affairs of the county, instead of being called a manager, eventually called the county secretary as he used to be known in the old homely days when county councils were first set up. The secretary was then the chief officer and there was no manager. We are aiming to restore that system. There is, however, a transition period in which we have to utilise the services of officials called county officers. We do not want to inflict any hardship on the existing managers.

I regret very much that accusations should have been made—Deputy Allen has graciously withdrawn them but Deputy Childers had previously made these accusations—that this Bill was directed against county managers and was intended to victimise them. I have repeatedly stated that I have nothing but respect for county managers.

Although I opposed the County Management Bill in principle I have never reflected on the managerial personnel. I spoke in opposition to the County Management Bill, when it was passing through this House but, as I said repeatedly, I have had nothing to say against the personnel of the managers. I worked with a manager in my own City of Limerick since 1934. I was mayor of that city for a couple of years and I have never used anything but the highest terms of praise for the managers. I regret very much that anybody should try to mislead the public into the belief that this Bill is directed against managers as such. It certainly is not.

Deputies' memories are not so short that they cannot remember that on this measure on Second Reading I stated, as reported in Volume 123, No 1. pages 67-68:—

"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 are 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 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."

Again, as reported in Volume 123, No. 4, on 9th November, columns 653-4, I stated:—

"I participated in local government before the Management Act was passed, and neither in this House nor outside of it have I ever made a personal attack upon any manager. I have never said a word against the individuals who took office as managers under the system, but I did object to the principle of that Act. I think that these gentlemen have given very good service and are capable of giving very good service under the new conditions. But, because I have introduced a Bill which is not in accordance with the expectations of the Opposition, it is denounced as being a deceitful and fraudulent Bill."

These are the statements which I made in connection with the gentlemen who are county managers. Last night Deputy Allen referred to the fact that these men had given very patriotic service in times of emergency when called upon to accept big responsibilities. I endorse that heartily, but I think it is a back-handed compliment to these gentlemen to put a condition on their loyalty by the insinuation that they would not render such service if they were not managers.

I am perfectly confident that they will give equally loyal service as county secretaries or county officers or whatever their title may be. I am perfectly certain that they will discharge their duties faithfully. That is one point that I should like to stress particularly, that neither the Dáil nor the Minister has anything against the managerial personnel. This is just an attempt to alter the system and we have already accepted the principle on the Second Reading of the Bill.

There were a few points raised in the discussion to which I should like to reply. Deputy Childers asked about the non-grouped counties and as to whether the county secretary can do both jobs together. That will be the subject of consultation between the Minister and the councils. I am thankful to Deputy MacEntee for having corrected an error of which both Deputy Corry and Deputy O'Higgins were guilty, in regard to Section 15 and Section 8. This matter is covered in sub-section (10) of Section 15 which states:

"The provisions made by or under this section shall have effect notwithstanding any other provision of this or any other Act."

I might also refer to the fact, in connection with the amendments proposed by Deputy Ó Briain on Section 2, that we propose to alter the title of county officer so as to give a suitable Irish title as we will also give to the assistant county officer and to the county secretary on amalgamation under Section 15.

That was read for the House this evening and accepted. I am bringing in an amendment to give an Irish title to the assistant county officer and the county officer and to the county secretary appointed to replace the county officer. There will be no other title except that. It will be a title given to him by statute and so he can only be known by that particular title. In this section power is being given to enable county councils to decide for themselves, if they feel that the volume of work is too great to be entrusted to one man, to retain the services of another. There is nobody going to compel them to do that, but they will be perfectly free to do so if they wish. They can, if they desire, revert to the position which obtained prior to the managerial system and carry on the duties with one chief officer, the county secretary. I believe you will have more effective work done by having one chief officer.

It is not unknown in this country at the present time that, where you have a county secretary and a county manager, there is not that harmonious working that ought to obtain. It is not unknown that a certain amount of friction has crept in where you have the two. We are aiming to have one chief officer, and we hope that eventually his title will be the homely old one of county secretary. If the chief officer fades out, the Minister, in consultation with the county council, can promote the assistant or the county secretary as the case may be, to fill that office. It was suggested in an earlier amendment that that ought to be done automatically. In my opinion, it ought to be done in consultation. If he is an old officer he may not like to take on the post. If the county secretary is not a candidate for the job, then the Local Appointments Commissioners will fill it. Deputy MacEntee suggested that this was side stepping or walking around the Local Appointments Commissioners. Of course, if I were doing that I had got a fairly good headline from the Deputy himself in Section 36 of the Local Government Act of 1946. Under that section, Deputy MacEntee provided for by-passing the Local Appointments Commissioners by the amalgamation of offices. We are not doing anything unheard of in this section.

Deputy MacEntee professed to be in difficulties about the section. I do not think he was in any difficulty at all. By talking a lot the Deputy tried to create an imaginary web or tangle and suggested that there was some very great difficulty about the section. To my mind, there is nothing difficult about it. It clearly expresses what it is intended to do. Instead of proceeding ruthlessly in the making of appointments we are proceeding by easy stages so that there will be no hardship inflicted on anybody. We are treating the existing officers in a proper way. The transition from the managerial system to a democratic system will be carried out without dislocating the business of the councils or imposing a hardship on anybody, or by placing further burdens on the rates. Deputy Corry seemed to be worried about this latter point.

There is no question of additional officers being appointed. The reverse, in fact, will be the case. We are leaving it to the elected representatives to say whether they will or will not give effect to the merging of two posts into one. There is no dictation in the Bill, but rather an honest, genuine effort to restore to the elected representatives a full measure of liberty in the running of the affairs of their councils. I would say to Deputy Allen that, naturally, a good deal of work will be thrown on the councils. In that connection, we are taking from the county manager the executive functions which he exercises at present. I have already read for the House a list of the items that we are taking from him and transferring to the elected representatives. What I have said in that regard cannot be challenged. The councils will have their scheduled and executive functions. The executive functions, which were in the hands of the county manager, are being taken from him and given to the local authorities. Two executive committees are being set up to carry out those executive functions. In view of that, I have not the least fear but that the business of the councils will be carried out speedily and efficiently and in a democratic manner that will be satisfactory to all persons concerned. I can say that, having given the matter very serious consideration. I have had fairly good experience myself of public administration, and I am perfectly satisfied that the councils will be well able to do the work which will fall to them under this Bill. If any council feels that the work is growing too big for it, then it can appoint an assistant, but there will be only one chief officer and, that being so, there can be no rivalry. There will be one chief, and the county council will be his employer. There was a good deal of talk about democracy during this debate but there, in my opinion, so far as public administration is concerned, you are going to have democracy translated into action and efficiency.

Section 15 is a very important one, and I think all the discussion that has taken place on it has been well worth while. I have made it clear to the members of the Dáil what we are doing under it. We are not inflicting burdens on anybody. Rather, we are making it possible to have economies effected under this section. The local representatives will have power vested in them to adjust their staffs and to effect economy by the merging of staff—of two into one, or, if they wish, they can appoint an assistant.

The Minister has stated that the local authorities will have power to merge two into one. The fact is that they have two, and you cannot merge two in one while two are there. One must go first before you can do that. If the Minister is correct in the opinion that he has given of this section that one man can do the work of two, I hold that the county councils should have the power at any time, after the passing of this Bill to remove the county manager and have one man, admits that, in his opinion, one man can do the work of the two. Why then compel the ratepayers to pay two? Sections 8, 9, 10, 11, 12, 13, and 14 all set out the manner in which a county officer is to be appointed. There is insistence in all these sections of the Bill that each county is to have a county officer. Then someone had another brainwave, and Section 15 was brought in to wipe out all those earlier sections. The Bill is a complete contradiction in itself, and Section 15 is a complete contradiction of all the sections from 8 to 14. These are things which I asked the Minister to clear up and he has not cleared them up.

I want to know from the Minister if the Cork County Council, for instance, decide, when this Bill becomes law, that the county secretary should do the work of the county officer and the county secretary, are they entitled then to remove the county officer at once or must they continue paying the county officer until one of the two goes, either the county secretary or the county officer? Ten minutes ago we were talking about an age of 72½ for some person under the last Bill. If we have to pay the county secretary and the county manager until they are both 72½, as apparently the legal profession is prepared to do——

You want them paid for doing nothing.

Deputy Sweetman might be 79½ and would not have much brains. My principal complaint is that each section of the Bill is a contradiction of the section before it and, as I pointed out, it is going to lead to endless confusion down the county. It will lead to such a condition of affairs as I alluded to here a moment ago, that a Minister did not know who was the housing authority for an area. He thought the President of University College was the housing authority and held up the regional hospital for six months on that account. That is a fact. He even stated in the presence of the county manager that the county manager attended a conference with the President of University College and the county manager had to contradict him on the spot.

This seems to be far removed from the consideration of the section.

I am only showing what can happen under a Bill which is so contradictory. That is my objection to the section. This section is contradictory of Sections 8 to 14 which come before it. I am not satisfied with the position. I want to know from the Minister if, when the Bill becomes law, any county council decides that the county secretary can do the work of the county officer and the county secretary, or that the county officer can do the work of the county secretary and the county officer, can they then immediately dispense with the services of one of them?

What would the Deputy do?

I would not bring in a Bill pretending to give all the powers back to the people and which only gives them the power of giving home assistance to people. I congratulate Deputy O'Leary on the new power he will have in Wexford in giving home assistance. That is the only power they have.

It is the only power they want.

It is the only power they get under this Bill. They could not even appoint a caretaker to a graveyard. That is the position under this section and I want that question answered by the Minister. I want to know from the Minister the reason for the appearance in this Bill of Section 15 and, if it is passed, what is to become of Sections 8 to 14.

The Deputy contributed to this discussion before and has said the same thing three or four times.

Because it has not been answered and I am entitled to an answer.

The Minister in his last observation brought the whole of this section into the ambit, more or less, of political discussion about the whole purpose of the Bill and we will have to say something about it because a very big principle is involved. The whole purpose of the Labour Party in more or less promoting this Bill was to give the impression to the country that the county managers were dictators and were not in any way controlled by their councils and should be abolished. To my mind, that is a totally un-Irish conception. There will always be leaders in this country and there always have been. There is something nauseating about the idea of having a chief officer in genuine control of a local authority and trying to disparage that condition. In the light of Irish history it is ludicrous.

They have disparaged leadership in administration. I do not mind if the county manager is called county manager or county officer. All I know is that we have always believed that if county administration is to be carried on efficiently there must be at least two chief officers in each local authority, even the smallest of them if possible. One should be a person who is called the county secretary and who is in charge of what I might describe as the slow-moving work. The other carries out the day-to-day work, gathers the whole dynamic part of the administration into his hands, and is responsible to the county council for it.

Under this Bill one of two things might happen. Either the county councillors will continue, as they should, doing their work as a part-time occupation, giving a certain amount of time throughout the year in assisting to carry out the work which they are delegated to do by Act of the Dáil; in other words, planning the Budget for the year, voting moneys, laying down general plans for local authorities to carry out, and so forth. If they do not become professional local politicians, in our view there will always be a necessity for a county secretary and for some kind of chief executive officer, not a person who is called an assistant officer, but two people with important functions, one the chief executive officer and the other the county secretary, who will do, as I said, the slow-moving part of the work. If the worst happens, and in certain areas, perhaps encouraged by the Labour Party, we get county councillors meeting day after day to do the day-to-day work of administration, forming executive committees and sub-committees, health committees, advisory sub-committees, going every day to the office and doing the work of civil servants instead of only doing the work of electors, then I still think it would be necessary to have a chief executive officer as well as a county secretary in order to bring to all those committees the documentation they will require and in order, so to speak, to do the work of the council twice over, once for the committees and once in the offices among the officials of the local authority. Whichever course is taken, I think it will still be necessary to have one chief executive officer and under him a county secretary. For that reason, I am opposed to the idea of belittling the position of either of these officials in Section 15 by advancing towards a state where there will be a county secretary and, if necessary, in the non-group counties an assistant county secretary.

So far as the Labour Party is concerned, I feel that this entire discussion is associated with a considerable amount of hypocrisy. Local authorities have nothing like the powers that members of this House have. The statement made by the Minister that he was "handing back" local government to the county councils, it having been hitherto in the hands of the manager, is a gross misstatement of fact. I know the Minister means it quite sincerely and I will take this opportunity of saying that I withdraw any suggestion I made that he ever demeaned county managers; certainly, other members of his Party did. The actual fact is that 99.9 per cent. of all the moneys spent by the county councils is controlled by the Minister for Local Government on behalf of this House. Hardly a penny can be spent on anything in which there is not some central Government control either because the Government extends a grant towards the expenditure or because the whole of the panoply of appointments, staff conditions, wages and the hierarchic formation of officials and so forth is carried out by means of Acts of this House. The cheap jack expressions used by the Labour Party as though these local authorities were little republics which under this Bill will be given back suddenly those powers that it is alleged were taken from them by the Fianna Fáil Government are to my mind absolutely ludicrous. I have always understood that, however much we might disagree with members of Fine Gael, for some reason or other they at least shared our opinion in regard to that matter. One can talk a lot of clap-trap about democracy in local government.

Local authorities have very definite and very important duties. They were very limited by Acts of Parliament and we were trying in our time to devise a system under which county councils would be able to do a really good job of work without having their time taken up unnecessarily in purely administrative matters, staff matters, employment matters and the tenancy of houses. We said at that time that the appointment of county managers and county secretaries, such as are described in Section 15, was experimental and we left it open to local bodies to appoint committees of all kinds, if they so wished; we sent out an interpretation in 1945 of what we thought local authorities could do in this matter and we indicated to them that they had very wide powers of consultation and general planning in regard to their relations with the county managers.

We stand for the principle that if county councils are to do their work well and if they are not to become merely professional politicians, there should be, we believe, a need for a chief executive officer with a county secretary under him. Because of that, we are opposed absolutely and completely to Section 15 of this Bill.

Since the advent of the Managerial Act, we have been told from time to time that it would have the result of reducing the rates. Recently at the rates estimates meeting of the Cork County Council, the chairman mentioned that from 1943, and he took 1943 as the basic year, the rates have risen steadily year by year. I believe that when the County Management Act went through in 1942 Deputy MacEntee was not entirely responsible for it. One of the points he raised was that the Act would be conducive towards reducing the rates in the various counties. It looks now as if the Act has been conducive to a steady rise in the rates year by year. In every county the rates have climbed alarmingly. Deputy Corry says in his wisdom that the rates are increasing as a result of this Government's administration. Oddly enough he blames the Minister for Health for an increase in the rates in County Cork. May I remind Deputy Corry of a statement made by the first Minister for Health and Social Welfare, Deputy Dr. Ryan, who stated that he would give a certain amount in subsistence and that over and above that we would have to collect from the home assistance authorities. Of course, I understand Deputy Corry; he snuffs one day and he sneezes the next. It is no trouble to him. Snuff is good antidote and nobody will object to Deputy Corry using it. So far as I understand the County Management Act, the county manager was placed in an executive position. Those who have experience of county council administration must admit that I am right in that. The county manager was put in charge: I remember on one occasion the county engineer's estimate was put before the county manager, and the county manager in his wisdom cut that estimate. He then presented it to the county council and the county council in their wisdom cut it still further. The result is that the roads have been deteriorating for the past ten years.

That is a new one.

If Deputy Killilea thinks that is a new one, I will accept what he has said. Deputy Killilea is sitting over there isolated from everybody else with a knowing look on his face.

I have not deserted any Party.

Deputy Killilea complacently sits in isolation on the opposite side and from time to time——

Where Deputy Killilea sits is not relevant to Section 15.

When I was interrupted, I was saying that the roads, as a result of the introduction of the Managerial Act, had deteriorated.

That does not seem to be relevant either.

I do not believe that Deputy MacEntee was the architect of the Bill—at least he claimed he was not, but he was the Major-General Dennis of the Bill. He put the Bill through and made it lawful. Deputy Childers was the second-in-command, and he had sufficient influence at one time—and let him deny this if he will —in removing a certain amount of stones from the roads in Cork County and getting them put in another place.

Deputy Keane should come to Section 15 of the Bill.

What I have said is put on the record and that is the stuff I want. We do not want to have a revolutionary change. I believe that Deputy MacEntee in his contribution to the Second Reading of this Bill made a very wise statement and that was that every Local Government Bill since the Grand Jury time is in an experimental stage. I believe that this Bill is in an experimental stage at the moment. Candidly, this Bill has not gone far enough at all so far as I am concerned. When Deputy MacEntee implemented this Act I believe he was honest about it and as one of the men who always, without fear, favour or affection opposed it, I saw good points in the Act from time to time. I wonder if Deputy MacEntee realised that owing to his public body Orders he nullified the good effect of the Act and put it into the odium it is in at the moment in the country.

I have given the Deputy a good deal of latitude. He is making what might be called a Second Reading speech but this is the Committee Stage. There has been a long discussion on Section 15. I have asked the Deputy to come to Section 15. I am asking him now for the last time to discuss Section 15 or otherwise resume his seat.

I have only a few words to say in conclusion. In this Bill we are developing machinery which will eventually make local government what we would all desire it to be.

I only want to say a few words, particularly because of a reference that Deputy Childers made to certain workings of the local authority and to the policy of Fine Gael. Deputy Childers, first of all, I feel sure, although he was for some time in the Custom House, never must have been in a county council office to see that office work, because of the view he gave of the way a manager and his secretary work and he has no conception whatever of the manner in which the duties of a secretary are carried out. The position is entirely different to what Deputy Childers would have us believe. The effect of this section will mean the eventual amalgamation of the positions of county officer and county secretary. Indeed it is almost necessary, in dealing with that, owing to the challenge of Deputy Childers, to impinge slightly on the Second Reading point of view. I believe that that almagamation is necessary and desirable, because I believe that there should be an officer under a council and not an officer over a council, such as Deputy MacEntee sent out in 1942.

I believe quite frankly that if we had started in 1942 in respect of the County Management Acts on the same foot as that on which Deputy MacEntee stood in 1946, when, after a certain row in County Kildare, he issued his circular of 7th February, 1946, the legislation would have had infinitely more chance of success. The fact, however, was that the managers were sent out by Deputy MacEntee as Minister with an entirely different outlook from that which he and Deputy Childers now try to put over to the House as the policy and outlook of the Fianna Fáil Party. They were sent out then to be the overriding representatives of the Custom House in the several areas. Later, I confess, that attitude was changed, but it was because of that initial outlook given to these people that they had very considerable difficulty in operating at all at the beginning.

I must confess that I was very surprised by that attitude when I read the expression of view given by Deputy Lemass on this question of management in local affairs. Going back a long way, to 1930, when Deputy Lemass was on that side of the House and when we were discussing a particular City Management Bill, Deputy Lemass indicated that he thought the principle was a bad one, but, apparently in the intervening period, the transfer over from this side not merely made him think the principle a good one but one which should be extended infinitely and it is to that extension I object and it is a position which I think this Bill will reverse. If the Deputy would like me to give the reference, he will find these expressions of view in Volume 33, column 1012 of the Official Debates. He said there:

"Another remarkable result of the operation of the Cork City Management Act had been that practically no public interest whatever exists in the actions of the council. The reason for that is that the basis of representation is too small. That is only one reason. The absence of powers they should have is another."

That is true.

So far as I can read the Bill, the position is going to be quite clear. I do not want to have anything to do as a member of a county council with the ordinary day to day administration of the affairs of that council, but I want to be quite sure that, when the members of that council direct a policy with regard to a particular action, that policy will be carried out, and that we will not have a position in which, as at present, that policy can be defied and the manager can say that the Act of 1940, as amended by the Act of 1943, gives the council no power to discuss or to direct. I want to see a local authority directing on general principles and I want an officer under that authority carrying out these principles. I want to see the county secretary carrying out the detailed administration of these principles in regard to general purposes. I want to see the county medical officer carrying them out directly from the council in regard to health and the engineer carrying them out directly from the council in regard to engineering services because I believe the worst feature of all in the County Management Act was that, by centralising everything in one person, we got useless paper administration and the useless building up of files, worse than obtains in any Government Department. I believe quite seriously that that was not intended by Deputy MacEntee, but it was definitely the result of the system he introduced in 1942.

Deputy Sweetman has given us his views on the operation of the County Management Act. We are sorry for Deputy Sweetman and his county——

He gave you the view of Deputy Lemass, too.

—— if the County Management Act did not work more smoothly in his county. In some counties the Act worked quite smoothly, and any instruction the county council saw fit to give the manager or any policy they initiated was carried out faithfully and accepted by the manager in every single respect. That is the experience of many county councils. If there were efficient county councillors in Deputy Sweetman's county, if Deputy Sweetman, Deputy Harris, Senator Smyth and the other members of the county council in Kildare knew their jobs, as Deputy O'Leary and other people in Wexford know their jobs, the Management Act would have operated in Kildare.

It is because we knew our jobs that Deputy MacEntee had to issue that circular.

It was the inefficiency and want of experience of councillors like Deputy Sweetman——

Deputy Harris was then chairman, remember.

——that prevented the proper operation of the Act in Kildare. It is an admission by Deputy Sweetman of want of knowledge of local affairs and a confession of his inefficiency as a responsible member of that county council. By and large, since 1942, when the managers took over, we have had very few complaints, if any, made to either the previous Government or this Government, about the way the managers performed their duties and there was no complaint that they interfered in any way with their county councils.

I am sorry I cannot appreciate your innocence, Deputy.

We heard members of the Cork Corporation saying that they would not like to be without the city manager.

Who said that?

I did not say it, anyway.

I heard members of Deputy Hickey's Party express that view.

Name these persons.

The City Management Act in Cork has been a complete success.

Will you quote the Deputy?

I have no doubt that in that city the corporation initiate the housing schemes.

What do you do when a list of works carried out over the previous month, in which you had no say, is handed to you?

Any county councils of which I have knowledge initiated any housing scheme carried out and every scheme was carried out in accordance with the county council's wishes.

The Cork Corporation initiated a scheme but it was not carried out.

Every water scheme and every scheme of sanitation which my county council wished to have carried out was carried out in accordance with their wishes. Repairs to roads were carried out in accordance with the wishes of the council and in no single respect did I see any friction between the manager and the principal officers of the county council and the council.

It is a little far away from the section.

I am following Deputy Sweetman.

He did not deal with this.

He did. The Deputy was not in the House. I saw no friction whatever between the manager and the council. We found the manager most helpful and everything worked smoothly.

I object to this proposal to set up two types of officials. Under this, the principal officers in different counties will have different names. In one he will be the secretary and in the neighbouring county he will be county officer. That is wrong, and even after two or three hours' discussion, the Minister has not adverted to it or explained why it is necessary. Let us have a uniform name. The Minister should reconsider the matter, and on the Report Stage or on the recommittal of this Bill he should alter it. It will not alter the principle of the Bill in regard to committees, but he is completely wrong on this point. The county officers of the future will have so many and such varied functions that they will be incapable of performing the functions of secretary. I honestly believe that, and I worked on a county council before 1942 with the secretary, and also under the Management Act, and I saw no difference whatever, except that instead of having to spend hours and hours on some finicky proposal at a council or a board of health meeting, we were able to transact the business efficiently in a quarter of the time.

What about the estimates?

I heard the estimates discussed in detail and the council succeeded in passing the estimate they thought fit in every detail, as they understood it and spent time on it. It was the duty of the secretary or the manager to submit the estimate, and it was the council's duty to examine it in detail, if they knew how to do it, and to give for the maintenance of each particular service the money they thought necessary to maintain it properly. Deputy O'Leary knows that quite well.

I hope the Parliamentary Secretary —in the Minister's absence at the moment—will tell the House whether he is satisfied that having different names for the principal officer in different administrative areas will not create difficulties. Is it fair to the public that he should be known by different names?

I think the Deputy told us all that before.

I hope the Parliamentary Secretary will give us some valid reason why it is sought to do this.

I was listening to the Minister replying to statements on this particular section. While he believed there could be economy under it, he thought at the same time that the local authority could appoint an assistant if they were of opinion that the secretary could not discharge the duties fully. I know officials and have a fair idea of chief executive officers and county officers over many years. With the volume of business which has been added to local authorities in the past 20 years, the administration of which must be carried out generally by the county manager and his staff, there have been applications by the manager on various occasions for increased clerical staff. The change form county manager to county officer, as far as economy is concerned, will not enter into it. It will not be possible to have any economy. There will be the same duties to be performed. The duties being transferred back to the council are very insignificant. In a county like ours, the county officer will have to deal all the time with the Ballinasloe Mental Hospital, the Galway City Corporation and such institutions and he will be very glad to avail of this opportunity to ask the council to appoint an assistant. When it comes to the time—I hope it will be a very long time—when he retires and the term is changed to county secretary, there will be no economy whatever. The county secretary will take over the job the county officer was doing. Who is going to replace the county secretary and do his work? Will he not come before the local authority and ask, not for one but for two additional clerical assistants? Will that not add further to the cost?

The whole principle of management has been discussed on the Second Stage and on the Committee Stage. The City of Cork and the City of Dublin Management Acts have been brought into the question. One Deputy went back to 1930 to quote what a member of the Opposition then and a member of the Opposition now said then. There is no analogy between city management and county management. If the managerial system is not suitable to the city, I believe it was quite suitable to the county. In the city the elected representatives had far greater facilities to attend meetings, even many times a week if necessary. That facility was not available in the rural areas. Were it not for the fact that the county managerial system was introduced into the rural areas I believe that things would have become most chaotic during the past eight or nine years. We had boards of health and all the rest of it and as a member of one I know very well that we went to the meetings but were never able to transact the business in any one day and the same would be true of the county councils at the present time. If they were to get back what people are led to believe they are getting now the county councils or the executive committees would have a whole-time job.

I can assure the Deputy that he is following the bad example of others in debating the whole principle of the Bill; it is a pity.

I am sure I am not doing that but I am sorry if I am. The principal thing which enters into this is the change of term, first of all from "county manager" to "county officer," and secondly from "county officer" to "county secretary." I think it is altogether wrong that that has not been justified in any of the statements made either by the Minister or by those who have favoured the Bill. We have been told about the "dictatorial powers" of county managers.

It was mentioned that what was wrong with the County Management Act was that the county managers were given such freedom in the first years that they acted in a dictatorial fashion. I do not find that from my experience in County Galway. We were always consulted and if such a thing happened in other counties it was in my opinion because the councillors did not get in their county solicitor, their legal adviser, and find out what their powers really were. Save in very insignificant matters the county officer is having the same powers as the county manager had and that fact has not been very emphatically denied. No one has pointed out specifically what powers are being taken from the county manager and vested in the elected representatives. The only thing is that they are going to have the executive committee and the health committee which are supposed to take the place of the county manager in certain respects, but still, in so far at least as I can read the Bill, he has the overriding authority while of course the supreme authority still rests with the Minister for Local Government in the Custom House. Instead of making for progress and speed in the carrying out of the various schemes for which local authorities are responsible I believe that this Bill will have the opposite effect.

I certainly resent the fact that there has been a change of name. Give the Irish term if you like, but it does not add in any way to the dignity of the councils or the local representatives if you change the title from "county manager" to "county officer" or from "county officer" to "county secretary". I think that the Minister should consider this very seriously before the Report Stage; if he did I believe that the existing term would still apply because it is a more dignified term. The term means nothing so far as the duties and responsibilities of the elected representatives are concerned; their duties are defined in the previous Act and so are their powers if they only knew how to avail of them. They will have the very same powers and very little more except that they will be of a glamorous nature and be far more expensive under the present Bill.

Many Opposition speakers on this amendment, including Deputy Childers, who spoke at length, denounced from time to time the Labour Party's statements as so much hypocrisy and claptrap and said that this Bill was an attempt to hoodwink the people, especially their own supporters; into believing that it contained no real change, but merely meant changing the name "county manager" to "county officer". At the risk of wearying the House, I propose, with your permission, a Chinn Chomhairle, to read out a list of functions which county councillors will have when the Bill becomes law and which county managers have at the present time. Some of these functions may be considered to be insignificant——

Go ahead. You will get Section 15 this day week.

It does not make the slightest difference when we get Section 15. If Deputy Corry wants to talk until Easter, he is quite capable of doing so. Here is the list of functions that will be transferred——

By Section 15!

——under this Bill to county councillors:—

Approval of loans, under the Seeds and Fertilisers Supply Act.

Approval of regulations and issue of licences under the Milk and Dairies Act, 1935, and the institution of proceedings for breaches thereof.

Issue of licences under the Slaughter of Animals Act and the institution of proceedings thereunder.

Purchase of office equipment and furniture and repair and maintenance of office buildings.

Selection and purchase of library books and equipment.

Letting of rooms in town halls and branch libraries for social purposes.

Naming of new streets.

Selection and submission of schemes to qualify for grants under the Local Authorities (Works) Act, 1949.

Allowances under the Blind Welfare Scheme.

Contracts arising out of School Meals Schemes.

The consideration, approval and general supervision of the annual Roads Maintenance and Improvement programme.

Approval of plans for road works and bridges.

Acceptance of tenders and making of contracts for road works, bridges, and purchase of road equipment and materials.

The making of applications to the Minister for Orders closing roads.

The making of an application to the Minister for an Order under Section 33 of the Local Government Act, 1925, prohibiting the erection of or directing the removal of buildings obstructing the view on roads.

Acquisition of land for road works. Consideration of annual sanitary service programmes and determination of the works to be carried out.

Approval of plans for water supply schemes, sewerage schemes, sanitary conveniences, burial grounds, public baths and public lighting.

Acceptance of tenders for sanitary service schemes and for equipment needed therefor.

Institution of prosecution for breaches of the Local Government (Sanitary Services) Acts.

Acquisition of land for burial grounds—

That is for the use of the Coalition.

——and sanitary service schemes.

Decision on the grant of home and medical assistances.

Planning of and acceptance of tenders for public assistance hospitals, county homes, etc.

Decisions to provide hospitals or clinics, and approval of plans and acceptance of tenders for such institutions. Adoption of health schemes including arrangements with extern institutions, establishment of clinics, adoption of new immunisation schemes, etc.

Contracts for supplies of all requirements for health services, e.g., food, hospital equipment, spectacles, clothing, beds and bedding. Institution of proceeding for offences under the Health Acts, 1947, and the regulations made thereunder.

Planning and execution of housing schemes including acquisition of land, the acceptance of contracts.

Supervision of general finances of each scheme including schemes of rents, whether fixed, graded, or differential.

Demolition and repair of unfit houses.

Maintenance and repair of local authority houses.

Provision of sites for private builders.

You forgot the cat and mouse Act.

If Deputy Corry is in a funny humour at this hour of the evening, I suggest that there is another place where he could be even funnier. I submit that that is a long list of functions which the county manager has now. Does anybody in the Opposition deny it?

Absolutely deny it, yes.

Show me your authority.

When the Parliamentary Secretary completes his speech we will deal with what he has said.

Can Deputy Childers show me in the Management Act of 1940 where these functions—any one of these functions—were functions of the council as a body? Of course, Deputy Allen and many speakers——

Let the Parliamentary Secretary conclude his speech. If he likes, every county councillor in the Fianna Fáil Party can come here for the next two weeks to describe in detail the functions of the county manager in regard to a great many of the things of which the Parliamentary Secretary has spoken—in particular, the maintenance of roads, the estimation of the amounts required for the roads, and the planning, location and designing of the schemes. We will be here for two weeks giving an exact description. It would take Deputy Allen at least one whole day of the session to tell how much he plans himself.

The Deputy's argument is absolutely beside the point. My submission is that the functions are now functions of the county manager. It is true, as Deputy Allen says, that many of these schemes are initiated by the county council but they have no legal authority to undertake them.

Nonsense. We will deal with that matter.

I will make a present of that to the Opposition. Housing schemes, sewerage schemes and road works have been undertaken on the initiative of the county councils in many cases, but they never had legal authority or power to see these schemes through. They were always at the mercy of the county manager who, if he wanted to, could use the dictatorial powers given to him under the County Managerial Act.

The Parliamentary Secretary has made a valuable admission and we will take it up with him. His bluff is called at last.

It has come to the stage in his debate where, if a speaker attempts to say anything about the county management system or the Act as it is operated at present, he is immediately jumped upon and the suggestion is made that he is trying to insult a county manager or county managers as a whole. I should like to refute the allegation made by Deputy Allen. As I said in my Second Reading speech, I have no complaint against any individual county manager.

You misquote me.

But you misinterpreted me. I stand over every single word of my Second Reading speech. I want to refute any allegation that I ever attempted to insult any county manager or county managers as a whole. Deputy Childers would have us put the managers on a far superior plane to that which they are on at present. He suggests that the Irish people want leaders and that, as far as local government is concerned, the managers should be the leaders of the people. I do not think that he would get many Irishmen to subscribe to that view. On the contrary, the people of this country, at local elections, select men who, they believe, should run local affairs. I suggest that that is what is being done under this particular Bill. The manager has employment functions and tenancy functions. He has individual functions and, after that, the councillors have the rest of the functions.

It strikes me that the whole Bill is being reopened. I do not say that the Parliamentary Secretary has begun it.

Deputy Childers also suggests that, with the establishment of these committees, the county officer is going to have a lot more work to do and that the county councillors are going to be overburdened. It might be inappropriate to quote at this stage but I should like to say again that I subscribe to the view held by Deputy MacEntee—and, on this occasion, he seems to be in absolute conflict with Deputy Childers. We do not know at present whether it is Deputy Childers or Deputy MacEntee who is speaking for the Fianna Fáil Party. The big compliment that Deputy MacEntee paid the Bill was in connection with the setting up of these committees. He said that at least there was a statutory obligation to set up two, and he would have us believe that it would be a good idea if more were set up.

I am sorry to interrupt the Parliamentary Secretary——

No you are not.

——but it appears that we are discussing Section 16. I thought that we were on Section 15.

We are discussing the whole Bill.

Deputy Childers would have us believe that in future county councillors will become what he describes as, I think, "glorified civil servants". Deputy MacEntee wants them to have an interest in local affairs and he considers that it is a good idea that at least two committees should be set up and he bewails the fact that the number is not greater.

But the question of executive committees is another matter.

Deputies

Eggs.

Gas masks.

Ignorance, and the height of ignorance.

Again, the Opposition suggest that the managers will be insulted by the changing of their title to that of county officer or county secretary. I should like the Opposition to consider for one moment whether or not they felt that the elected members of county councils in 1942 were insulted when a man was appointed over them and was described as a county manager.

I move to report progress.

Progress reported, the Committee to sit again on Wednesday, 21st February.
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