asked the Minister for Local Government if he has found by experience that the following words, which appear in section 5 (3) of the Local Government (Superannuation) Act, 1956, namely, "the passing of a resolution under this section shall be a reserved function for the purposes of the County Management Acts", have served any useful purpose; and, if not, if he will introduce appropriate amending legislation.
Ceisteanna—Questions. Oral Answers. - Local Authority Pensions.
7.
General provisions for the granting of pensions and other superannuation benefits to servants of local authorities were enacted for the first time in Part III of the Local Government (Superannuation) Act, 1948. Because of the importance, and the financial implications for local authorities, of the new provisions, the decision by each local authority to implement Part III of the Act was made a reserved function for the purposes of the County Management Acts. Corresponding provision was made in section 5 of the Act of 1956 because a number of local authorities had not by that time adopted Part III of the 1948 Act. The provision in question has served the purpose of ensuring that the decision as to the adoption of Part III of the Act will be the function of the elected council. Amending legislation to alter the provision is not contemplated.
As the Minister said the other day, he is not with us. The question was to ask the Minister whether the following words in section 5 (3) of the Local Government (Superannuation) Act, 1956, namely, "the passing of a resolution under the section shall be a reserved function for the purposes of the County Management Acts" have served any useful purpose. Surely the Minister agrees, in regard to the reference to a county manager, a county manager cannot pass a resolution? Why were the words put in that way and what function have they?
I have just told the Deputy.
The Minister has told the House what happened but he has not explained why the wording is as it is. He knows the reason I want to know.
Why does the Deputy not tell the House why he wants to know?
I told the House the other day and the Minister could not understand.
I did understand, and I still understand it.