In regard to amendment No.2 which we were discussing I would ask leave to insert therein after the words "Every order made" the words "before the 1st day of July, 1975."
Local Elections (Petitions and Disqualifications) Bill, 1974—Committee Stage (Resumed).
SECTION 24.
Debate resumed on amendment No. 2:
In page 13, after line 20 to insert the following:
(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
—(Minister for Local Government.)
I reported progress on this debate before the adjournment and I should like to record our appreciation to the Minister for having agreed to our suggestion that we get together and discuss the problems which we were trying to sort out in the course of that debate. I am pleased to record that the discussions which Deputy Cunningham and I had with the Minister, and his officials, have been fruitful to a certain extent in meeting our point of view.
The difficulty at the time was that the Minister had placed himself in a position where the local authority elections were upon us and if our amendment, as such, was to be accepted it would create some difficulties in relation to the forthcoming local elections. We indicated that we would be prepared to facilitate the Minister in regard to the elections this year but that we wanted a section in the Bill which would apply at all future elections. The Minister has agreed to that suggestion and the insertion of the words which he now proposes into his amendment are satisfactory to us. In other words, his amendment only has effect up to the 1st July, 1975. That is to allow for the 12-month period after this election in which there could be a petition brought or a case stated for bribery following the local election. That statutory period of 12 months is written into the sections which we have already agreed to.
The amendment which is in my name is to come into operation, according to the agreement reached with the Minister, on or after 1st July, 1975.
Amendment amended by leave.
Amendment, as amended, agreed to.
I move amendment No. 3:
To add to the section a new subsection as follows:
(6) Where an order under this section is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.
In this amendment I ask leave to make an amendment by inserting between the words "proposed to be made" and "a draft thereof" the following:
on or after the 1st July, 1975.
Amendment amended by leave.
Amendment, as amended, agreed to.
Section 24, as amended, agreed to.
Sections 25 to 27, inclusive, agreed to.
SCHEDULE.
Question proposed: "That the Schedule be the Schedule to the Bill."
Would the Minister state the effects of the repeals suggested in the Schedule?
The disqualification for membership of a sanitary authority, or burial board, contained in section 270 of the 1878 Public Health (Ireland) Act, is being repealed. This section provides inter alia, that a member of a sanitary authority, or burial board, shall cease to be a member of such authority or board where he (a) acts as counsel, solicitor, attorney or agent for the authority or board; (b) holds any office or place of profit under the authority or board or (c) is concerned in any bargain or contract entered into by or on behalf of the authority or board.
The extent to which this provision is operative is not clear. It is very vague. Arising out of section 24 of the Bill it is necessary to repeal the provisions relating to employment and the provision as regards contracts does not appear to be operative. I do not think it is a very important item.
The Minister will appreciate that we would have some difficulty in researching the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, and for this reason we would like to have written into this debate what exactly is being repealed here.
The basic provisions in relation to local election petitions were contained in these Acts and it is necessary to provide for their repeal in so far as they relate to petitions.
Section 4 of the Local Authorities (Miscellaneous Provisions) Act, 1936, provides that the election of a particular member of a local authority cannot be questioned after one year from the date of the election. Section 5 provides that an election cannot be questioned after one year from the date of the election. A provision in section 18 which will have the same effect is contained in the Bill and accordingly these sections are no longer needed.
Section 46 of the 1941 Local Government Act deals with matters consequential on an election petition. Section 16 of the Bill substantially reenacts the provisions contained in this section.
Section 21 (3) of the Local Government Act, 1955, provides that for the purpose of employment by a local authority of which he is a member or employment in a major office by a neighbouring local authority, a member is regarded as continuing to be a member for 12 months after he ceases to be a member or until his term of office expires, whichever is the shorter period.
Under section 24 of the Bill I am declaring a class of employee not to be subject to the employment ban contained in section 21 (1) of the Local Government Act, 1955. The 12 month rule will have no significance for such a class because they will be entitled to be members and employees at the same time. The rule would, however, continue to apply to grades for whom the ban on employment had not been removed and would also continue in relation to employment of a member of a local authority in a major office under a neighbouring local authority.
Another area where the rule would have effect would be if a member of a local authority employed in a grade exempted from the provisions of section 21 (1) were to be promoted to a grade which is not so exempted. In such a case, even if the person resigned at once from membership of the local authority he would not be eligible for promotion for 12 months or until his normal term of office as a local authority member expired. As a corollary, therefore, to the lifting of the ban on employment of members of a local authority in relation to certain classes of employees it is proposed to remove the 12 months ban from section 21 (3) of the 1955 Act. A similar ban in relation to VECs and COAs contained in section 70 (1) of the 1925 Local Government Act is also being repealed in section 24 of this Bill.
Question put and agreed to.
Title agreed to.
Bill reported with amendments.
Agreed to take Report Stage today.