asked the Minister for Social Welfare why he has notified the social welfare agent at Duncannon, County Wexford, that in the event of his not resigning from membership of the Wexford County Council, his appointment will be terminated.
Ceisteanna—Questions. Oral Answers. - Social Welfare Agent's Membership of County Council.
15.
I have notified the Local Agent at Duncannon, County Wexford, that, in the event of his not resigning from membership of the Wexford County Council, his appointment will be terminated because as a Civil Servant he is debarred under general Civil Service regulations from membership of a local authority. I should state, for the Deputy's information, that, on his assimilation into the Civil Service on the 1st August, 1950, the Agent in question acknowledged in writing the receipt by him of the relevant regulations.
In view of the fact that this man is part-time, unestablished, non-pensionable and employed at a wage of £2 10s. 0d. per week, can the Minister say whether or not it is fair to define him as a civil servant for the purposes of the regulation he has just quoted?
It is true that the agent in question is a part-time employee, but the nature of his office brings him into very close contact with members of the general public. In these circumstances, it was decided in the year 1950 that, as a civil servant, he could not be a member of a local authority. I am merely enforcing the regulation made in this regard in 1950, with the spirit and letter of which I fully agree.
The Minister says that this man has a very big connection with the public. That is agreed. However, would the Minister consider that teachers are allowed to be members of local authorities and that they certainly come in contact with the public through the children? Would the Tánaiste and the Taoiseach also consider the fact that postmen are allowed to be members of local authorities and that members of the Defence Forces are so allowed and they also come in contact with the public? If, as the Minister seems to imply, this man's job would be affected by membership of a county council, how much more would a person be swayed in his attitude to the public, if he is a postman, a teacher or a member of the Defence Forces?
The Deputy will remember that I discussed this case with him and that I pointed out to him that, whether the regulations are good or bad, they could not be ignored. I also pointed out that a decision could not be given in this matter retrospectively applying to a single case as that would be unfair to any number of other civil servants who may have considered seeking election and felt themselves debarred by their ineligibility for membership of a local authority. I must say that the validity of the regulations has never been challenged by any Government since they were made in 1950. I have not myself considered the matter of their validity.
I indicated to the Taoiseach and the Minister for Social Welfare that I recognised that the regulation has to be obeyed but I would now ask the Taoiseach to consider the whole business.
Is the Minister aware that in reply to a Question in this House before the last municipal election, we were advised that relieving officers and such persons were eligible to contest the election and to take their places on municipal bodies?
I do not recollect that, but each case has to be considered on its merits. Relieving officers are not civil servants, and I am dealing only with the case of a civil servant in this matter. The whole business was very fully considered at the time of the taking over of the unified society in 1950, when this regulation was made.
I appreciate the difficulty, but if it is not right that a person who only hands out cheques should not be a member of a local authority, how much more undesirable is it that a man who can dispense public money at his own discretion should be a member of such an authority?
Two wrongs do not make a right.