asked the Minister for Local Government if he will reinstate a person (details supplied) in a position which he held with Waterford County Council.
Ceisteanna—Questions. Oral Answers. - Reinstatement of Employee.
33.
The person in question was convicted of a scheduled offence under the Offences Against the State Act, 1939 and automatically forfeited his office. I have no power to reinstate him in his former office.
Does the Minister not wish to assume the power to himself?
I do not have the power.
The Minister could take the power to himself.
I could not.
It has been done in other circumstances.
Is the Minister aware that Waterford County Council find it impossible to recruit an engineer for this part of the county where this man has been dismissed? The Cabinet have it in their power to reinstate this man. Because the man was dismissed nobody will take the appointment.
I have no further comment to make on the question.
The Minister will understand nobody condones an illegal action but does not the practicality of the situation demand what Deputy Kenneally advocates, especially as Deputy Kenneally is expressing the majority view in that area?
I do not propose to comment.
Does the Minister agree that it is not right and proper that the people living in the area which was serviced by this person have to suffer because no engineer is willing to take up the work in that area? Therefore, the Minister has a responsibility to do something to rectify the position.
The quality of mercy.
I should also like to ask an academic question. The Minister refuses to comment and then suggests that he has not got the power but, as a member of a Government with collective responsibility, does he agree that he has certain powers in that capacity?
Is the former Taoiseach suggesting that we should, as a matter of course, reinstate people who have been involved in offences which resulted in having them dismissed from their posts? Is this what Fianna Fáil are preaching now that they are in Opposition?
That is a malicious twist to the import of my question which was purely an academic one based on the Minister's suggestion that he had no power to do certain things in certain circumstances. May I suggest to him that he has power and that it would be easy for him to say to us here that he refuses to exercise that power as a member of a Cabinet with collective responsibility?
Deputy Lynch has no right to come in and try to suggest to me that I should discuss——
I have every right to ask any question that is in order.
Would the Deputy let me reply? He has no right to come in here and suggest that I should disclose whether or not this matter has been discussed at Cabinet level or what decision might be taken or may be taken there. Deputy Lynch is one man who knows that that would be the wrong thing to do. I am surprised that he should attempt to deal with it in this way.
May I suggest in all seriousness that this is a proper question for me to ask in my capacity as a Member of the House and in my capacity as Leader of the Opposition? I repudiate entirely any suggestion by the Minister that I am not entitled to ask these questions. I can ask any question I like about the activities of the Cabinet. It is up to the Minister to answer me or not to answer me.
I have said that I will not comment further on this question.
Arising out of the Minister's reply——
We must pass on.
——is the Minister saying that as long as this Government are in office this gentleman will not be reinstated?
No. I am not making any comment good, bad or indifferent.
Cut short the agony.
Fianna Fáil dealt with these things in a certain way when they were in office and now in Opposition they want to decide what should be done also. They are not doing that.
We stood over our actions. We did not hide behind the idea that, "I am a Member of the Cabinet and therefore it is not my personal decision." It is the Minister's personal decision.
I did not say it was not my personal decision. I said clearly— and Deputy Lynch should be able to interpret this too—that I had no authority to do it but that the Cabinet had authority. Deputy Kenneally knew that and I am sure Deputy Lynch knew it.
Will the Minister bring him before the Cabinet?
May I take it from the Minister's last reply that there is some hope that this man may be reinstated?
I said that I would not discuss the matter further here. Deputy Molloy asked me did that mean that this man would not be reinstated while this Government are in office and I said it did not mean that.
The Minister said: "No." There is some hope. Cut short the agony.