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Dáil Éireann debate -
Wednesday, 24 Feb 1971

Vol. 251 No. 13

Private Members' Business. - Local Government Services (Corporate Bodies) Bill, 1971 [Seanad]: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

This Bill is similar to that passed in 1961 in relation to health measures. It is necessary to have this kind of tidying-up legislation which helps local authorities to carry out various functions they are not authorised to do at the moment.

Perhaps the Minister would let me know if the County Managers' Association could be sued for its actions? As I understand it, the association negotiates with trade unions. Our policy on Louth County Council is that matters relating to conditions of employment and to wages and salaries are left to the County Managers' Association. When agreement is reached the county council merely pass the statutory resolution. From what the Minister said it appears to me that up to the present we were merely acting in this way in good faith and that if an individual considered he had been treated wrongly he could have taken action against the County Managers' Association.

There is also the point that if local authorities do not desire that such a body be set up, the Minister could go above their heads and set it up. This legislation could be used for the following reasons: it could be used for the excellent reason of helping local authorities to come together and of creating institutions whereby the local authorities could act in a more effective way. At the same time, it could be used to denude local authorities of some of their functions.

I am not one of those people who disagree with the establishment of the health boards. There is so much to be done by county councils and the larger urban authorities that it is better that members devote as much time as they can to their work in these bodies. However, I have a reservation in that this legislation could, on certain occasions, be used to denude local authorities of their powers.

For instance, if the Minister made an order in relation to a certain duty of a local authority in an area, say, involving the Meath and Louth County Councils, and created a body that would look after that function, there might be a situation whereby democratic action to its full extent might not be carried out. It might happen that one county would have more representation than another and, as a result, might exert its influence to the detriment of the other body.

There is also the point that a Member of the Oireachtas cannot be a member of these bodies. As I see it, there is too much of this——

I accepted an amendment in the Seanad which allows Members of the Oireachtas to become members.

I thank the Minister. On the copy of the Bill which I have there is no change—I must have got the old Bill. However, I am glad to have the Minister's assurance on this point. On the question of recoupment, I gather the Minister is the person who decides the recoupment for actions of these bodies which result in expenditure and I wonder if this is a wise feature. I realise that it is necessary to act on what one can do rather than what one might desire to do and for that reason I do not criticise this point. However, I should prefer if recoupment were on the basis of rateable valuation rather than the present arrangement.

It appears to me that the nub of the Bill is in the third paragraph of the Minister's speech and, while I am not opposing the Bill, I should like to ask a few questions. Does it mean that it is a device for the purpose of providing the County Managers' Association with staff? Perhaps the Minister would let us know the position on this matter. The Minister states:

At present, the managers as a group—who constitute the official side under the scheme—cannot provide themselves with the staff and other facilities they require for the purpose of examining salary and wage claims and engaging in prompt and meaningful negotiations with the staff side. It is essential that action should be taken to provide the facilities required by the official side. Effective steps cannot, however, be taken without legislation and, for this reason, the present Bill was introduced.

If the official side does not mean the County Managers' Association, I should like to know what it does mean. The next paragraph says:

Although the immediate need for the legislation stems from the necessity to establish a particular body, the Bill is framed in general terms so that it can be used to establish bodies to provide other services for local authorities or for the Minister, if this is found to be necessary or desirable.

Perhaps when the Minister is replying he would explain that. There may be a perfectly logical reason for putting that in in that way and, if so, I would like to know what it is. In regard to the length of time, the Minister says in page 3 of his statement:

In other legislation the period during which a resolution for the annulment of a statutory instrument may be moved is twenty-one days.

The Minister goes on to say that 21 sitting days might be too long and on the basis that the order will have been brought immediately to the notice of every Member seven sitting days is proposed. Seven sitting days could be two weeks. The Minister may not be aware that we have sat on four days some weeks and, as a matter of fact, consecutive weeks. It could be two weeks and this might be a relatively short time.

The Minister refers to other health authorities and things like this. Is there a danger here that the cost of this may be an extra burden on the rates? We are all conscious of the fact that additional staff provided means extra money on the rates. The Minister makes provision whereby he will pay some of the cost but will we find that for the purpose of having the same work done we shall have to pay for extra staff? It is becoming evident in the health authorities—it may be for a short time or for a number of years— we shall be paying a great deal extra for a service similar to what we have at the present time.

Local authorities do not engage in negotiations every day of the week, but the County Managers' Association have been getting together and negotiating as a group. There is one thing of which I would like the Minister to take notice. For instance, in the managerial, clerical and engineering grades there is a standard rate which applies all over the country. When it comes down to the road staff every local authority wants to have its own conditions of employment and wages. There should be a standard for this also. If the clerical officer in County Dublin is receiving the same rate for his work as the clerical officer in Meath and Kildare, why should not the road staffs employed in Dublin, Meath and Kildare receive the same rate of wages? There must be some good reason for that.

As I say, I am not opposing the Bill. Sometimes when we are attempting to negotiate rates of wages with managers we often wish they knew a little more about negotiating rather than kick to touch when they come up against a sticky point and adjourn the conference for a fortnight or three weeks, because it is the devil's own job to get them to come together again. If the Minister's proposal can cut that out, I think every trade union, no matter what staff or grade of employee they represent, will be very glad to see it being put into operation. It should teach them how to negotiate better than they have been doing for some time past.

I wish to be associated with Deputy Tully in welcoming this piece of legislation. It will certainly introduce a more effective and rational management structure in local government. I understand that the staff side of the authorities concerned have asked that this legislation should be implemented as quickly as possible. I welcome the fact that the Bill went before the Seanad before coming to Dáil Éireann. It was a valuable means of speeding up legislation going through the Oireachtas, having had full and thorough examination. Since it is a non-contentious measure I have no doubt that it will go through this House this evening even more expeditiously.

Along with my colleagues I should like to welcome this Bill. It is non-contentious and will not have any voice against it on this side of the House. I welcome it particularly because, as a member of a local authority for 12 years and also as a member of a trade union, I have often found myself in the strange position of meeting county managers on the side of fellow trade unionists in local government and also of having to put up with the frustration of waiting for months and months for cases to be heard. I do not think there has been any serious problem in relation to the officers of the local government service. Back in the twenties was the last time there was a strike situation at that level of the local government service. However, the situation became so serious recently that I think the passage of this Bill will be welcomed by all sides. If this Bill means that a special research office and secretariat will be set up so that claims can be speeded up, it will be a great improvement.

One example of the delay which can take place in dealing with claims is that of the Town Clerks' Association. They made a status claim in 1965 and it has been completed only a few weeks ago. Such delay can be most frustrating for any body of workers and it is miraculous that the town clerks have been so patient.

I would not hold up this Bill on any account. My colleague has said the work of the County Managers' Association has a difficult side to it. I do not think many county managers are suitable at all for the job of negotiation. It has got to the stage where many of them have opted out of it and there are just a few left with the task. Some of those who are left feel they have the right to stonewall everything on behalf of the ratepayers and this causes such frustration that a strike may result.

Another very serious situation at the moment is that of the ambulance drivers. This is a claim for overtime rates that has gone on for a very long time. An offer has been made which, in effect, would give four shillings an hour waiting time to ambulance drivers. That offer could not possibly be accepted and has not been accepted. Negotiations have been delayed to such an extent that a strike or at least a ban on overtime could take place among ambulance drivers. The seriousness of the situation must be realised by everybody here and by the country at large. The amount of overtime work required of ambulance drivers in the city is immense. If, under a measure like this, a body can be set up which can process claims much more quickly than they are processed at present, that will be very welcome indeed. Together with my colleagues I welcome this Bill if it will have the effect of speeding up the claims which are put before the County Managers' Association.

(Cavan): I propose to detain the House only for a moment or two on this measure. It was fully debated in the Seanad and it was welcomed there. It has also been welcomed here.

The main purpose of the Bill or, indeed, the purpose which prompted the Minister to introduce the Bill, is to provide a corporate body which will enable the County Managers' Association to operate more effectively and to negotiate on staff matters. That is something which all Deputies consider desirable and necessary. However, I should like the Minister to give us some indication of what other bodies he and his advisers have in mind, because he appears to be availing of this one necessity to provide himself with the machinery to set up all sorts of un-named or unascertained bodies as of this time.

I quite admit that I am inclined to look with some suspicion at all proposals by Governments to take wide powers. I suppose it is the duty of the Opposition to inquire into the purpose behind all these measures. In his opening speech here at any rate, the Minister has not made a case for the wide powers which this Bill confers upon him, and the House is entitled to an explanation from him. The Minister conceded that:

Although the immediate need for the legislation stems from the necessity to establish a particular body, the Bill is framed in general terms so that it can be used to establish bodies to provide other services for local authorities, or for the Minister, if this is found to be necessary or desirable.

He goes on to say that no decision has yet been made to provide other services for local authorities by corporate bodies. Indeed, I know that in the Seanad a suggestion was made that something like what the Minister is doing now should have been done on a previous occasion. I know that was said and I know that Senators took the view that this blank cheque should have been given to the Minister previously.

That is the only point I want to make. I should like the Minister to elaborate on this aspect of the measure and the intentions behind it when he is replying.

First I should like to thank the House for the welcome given to the Bill. It is a very important measure, even though it is a simple one, because of the services which can be provided under it when it becomes an Act.

Deputy Kavanagh was quite right in what he said about the many frustrations among the employees of local authorities because of the long delays in dealing with wage claims, and other claims, which have to be processed by the city and county managers. The managers are hamstrung inasmuch as they have no staffing facilities to enable them to deal with the large volume of claims coming before them under the local authority conciliation and arbitration scheme. Some assistance was needed, and that assistance can now be provided when this Bill becomes an Act and an establishment order is made, establishing a body to provide such services.

Some of the points raised merit some reply and some explanation. I will deal with them very briefly. Deputy Donegan raised the question of whether the City and County Managers' Association could, in fact, be sued. At the moment the managers could be sued as individuals but, of course, when the corporate body is set up, any charges that are made against the managers could be made against the corporate body so, in that way, the managers are being protected.

I should point out here that any person who is aggrieved by a decision of a city or county manager dealing with staff matters and wages and salaries has the right to appeal to the Minister under the Local Government Act, 1941. There is no question whatsoever of taking away any of the functions of the local authorities as they exist at present. I dealt with this point fairly fully in my introductory speech. The only purpose we have in mind is to provide special services to facilitate the efficient operation of the conciliation and arbitration scheme for local authorities.

On the question of the recoupment of expenses, each establishment order will provide for matters of this nature. The establishment order will, of course, come before each House of the Oireachtas. If anyone wishes to object, the orders can be annulled by resolution either in this House or in the Seanad.

This brings me to Deputy Tully's point about the 21 days. It is only fair to point out that, although this House may sit for three days a week and sometimes four, if the resolution is being moved in the Seanad, which does not sit regularly and, if we were to wait for 21 days, the period could be quite long. I think it would be unreasonable to suggest any change in that regard. Seven days is ample notice bearing in mind, of course, that if there were a long delay in regard to this matter of a resolution annulling an establishment order, the corporate body would not be able to do any business because no body would deal with it if that were hanging over its head. This could prove a great disadvantage if it were allowed, and I would suggest to Deputies that they should accept, as the Seanad did, the seven days provision.

The number of staff required to operate the corporate body, which will provide services for the city and county managers, will not be very big. The staff will be of great assistance to the managers not alone in providing them with information but also in carrying out many of the negotiations and in acting at the Labour Court on behalf of the managers. They could bring the discussions right up to final stage and present the matter to the managers for decision. This would enable managers to carry on with the very onerous day to day responsibilities which they have in their own areas and in that way, the Bill will add greatly to the more efficient running of the counties of those managers who are now involved in this type of work. It is not the purpose in setting up the corporate body to provide staff for the City and County Managers' Association. It will provide staff for the general body of local authorities and help them carry out the functions and negotiations I have mentioned. As Deputies well know, managers have responsibility for dealing with all staff matters.

An obvious question to ask is: what other type of bodies may be set up? When introducing a Bill of this nature it is common sense to introduce the Bill in fairly general terms. I have no intention at this time of establishing any body under this Bill other than the one I have been dealing with. It would be foolish, however, not to avail of the opportunity of including provision in this Bill to enable some other services to be provided for local authorities at a future date, if this is considered necessary and beneficial to them. The Minister may wish to have some service provided for him which could be done efficiently and effectively by a corporate body. It could happen, for instance, that local authorities in future may require a computer service and a corporate body could be set up to establish such a service and make it available to local authorities as a whole.

(Cavan): Who will constitute the members of the board?

The Minister will specify the members. I do not think there were many other points raised. The Bill was introduced in the Dáil last July and it has not been passed yet. The Irish Local Government Officials' Union are very anxious that the Bill be passed because it is not possible to proceed fully in anticipation of the passing of the Bill and nothing final can be done until the establishment order is made. It is therefore a matter of urgency. I thank the House for the manner in which they received the Bill this afternoon.

Question put and agreed to.

(Cavan): If the Bill dealt only with the incorporating of the City and County Managers' Association I should have no hesitation in taking it now, but I think we should have the Committee Stage in a week's time. It is not intended to hold the Bill up.

I have made my intentions quite clear to the House. I only intend setting up a corporate body to provide services for the city and county managers. In order to establish any other corporate body I must make an establishment order. This will come before the House and it can be annulled by the House.

(Cavan): A number of other things might happen. The Minister might be promoted and we might be faced with a Minister for Local Government who has all sorts of ideas.

The same powers were in the 1961 Health (Corporate Bodies) Act and there have not been any difficulties with it. It has been difficult to get legislation passed and the unions and the managers have waited a long time for this Bill.

Has the Minister any idea what type of person he expects this body will comprise.

That would not arise at this stage. The establishment order will indicate the type of people who will be appointed to the board.

(Cavan): Is the establishment order merely laid before the House or is it brought in for debate?

It is laid before the House but a resolution of annulment can be moved within seven days.

(Cavan): I think we should have the Committee Stage this day week.

I thought the Deputy might oblige me.

(Cavan): I am slightly concerned about this general power. The Minister is going to select all sorts of people for these boards and I am a little apprehensive about it.

If we promise the Minister all Stages next week he will not be doing badly.

Committee Stage ordered for Wednesday, 3rd March, 1971.
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