asked the Minister for the Environment whether legal proceedings were initiated against his Department by an officer (details supplied) of his Department and, if so, the details of such proceedings and the outcome thereof.
Ceisteanna — Questions. Oral Answers. - Proceedings against Department.
13.
A High Court summons was issued on 15 May 1978 on behalf of the officer concerned. The plaintiff claimed that the Minister for the Environment was failing to consider or implement advice tendered to him by the plaintiff and was failing to carry out and implement his statutory functions; that the plaintiff was frustrated and prevented from carrying out his functions; and that certain allegations made against the plaintiff by another officer of the Department were untrue and unjustified and made in contravention of natural and constitutional justice. The plaintiff indicated on 31 July 1978 that notice of discontinuance of this court action was being served.
Could the Minister inform the House if at that time there was any change in the administrative arrangements in relation to that officer within the Department?
Yes, with regard to direct reporting. New direct reporting arrangements were set up. A committee chaired by an assistant secretary and including the principal of the fire services section and the gentleman concerned was set up with direct reporting to the Minister.
Has the individual officer, apart from the committee, now got the right of direct audience with the Minister?
I meet the gentleman concerned regularly.
I know the Minister meets him but does he talk to him?
I have had a number of discussions with the adviser concerned about various aspects of the fire service, the same as I have with other officers of my Department dealing with various sections of the Department on a regular basis.
Is the Minister indicating now if this officer will be allowed to make his views on the state of the fire service known?
What exactly does the Deputy mean? There are many officers dealing with various sections of local administration in my Department as well as in every other Department. They are advisers but the Minister takes responsibility for the final decisions in a democracy.
(Interruptions.)
(Cavan-Monaghan): Is this the same officer the Taoiseach mentioned a couple of evenings ago was given permission to give evidence before the Stardust Fire Tribunal?
I am aware of the report the Deputy refers to. As I understand the situation, it is a matter for the tribunal whom they will call or will not call. I assure the House that if it is the wish of the tribunal that the officer concerned should go before them they will have co-operation from me.
Can the Minister tell the House if this particular officer has been involved in the preparation of the new legislation which he has promised to circulate next month?
He is the fire adviser.
Is it likely we will see him here advising the Minister when the legislation is being discussed?
There are many advisers available to me. Some come to the Dáil and some remain in the Department.
(Interruptions.)