I move: "That the Bill be now read a Second Time."
This Bill originated two Governments ago. Effectively it was drafted and put together during the period of office of the previous Government. It is now my task to introduce its Second Stage into the House.
The main purpose of this Bill is to enable the Local Appointments Commissioners to resume their practice of awarding credit for a knowledge of Irish when selecting or recommending candidates for posts in local authorities, health boards and other bodies. The Bill will also clarify and confirm the commissioners' powers in relation to the selection of candidates, the type of competition and the short listing of candidates and will provide a statutory basis for the making of regulations by the commissioners in connection with competitions to be conducted by them. The Bill will make statutory provision for the non-application of the Local Authorities (Officers and Employees) Act, 1926, as amended, to posts of town clerk in smaller urban district councils.
The need for this Bill arises from a finding of the Supreme Court in December 1979 that the commissioners had acted beyond their powers in granting extra credit for a knowledge of Irish to candidates being selected and recommended by them for appointment. This finding arises from a case decided by the High Court and appealed to the Supreme Court by the Local Appointments Commissioners.
Since 1974 it has been Government policy that, although Irish is no longer obligatory for entry to the public service, Irish and English are of equal value and candidates showing proficiency in both languages get credit for this. The commissioners were implementing that policy by awarding credit to candidates for proficiency in both languages. This was in line with the policy and practice in relation to competitions conducted by the Civil Service Commissioners. As a result of the court decision, the Local Appointments Commissioners had no option but to suspend the award of such credit. This Bill is essential to enable the commissioners to resume implementation of Government policy in this regard.
Section 2 of the Bill will enable the commissioners to award credit to candidates who have proficiency in both official languages and to take into consideration training, knowledge and experience over and above the minimum qualifications for the particular post being filled.
Up to the time of the Supreme Court finding the commissioners had in the normal process of selection given regard to such additional attainments. This is necessary to ensure that the best qualified and most suitable candidate is selected, as the basic qualifications for an office are, by definition, minimum qualifications. However, the Supreme Court finding requires that the commissioners' practice in this regard be covered by enabling legislation.
The commissioners' powers to select candidates are set out under sections 8 and 9 of the Local Authorities (Officers and Employees) Act, 1926, and section 29 of the Local Government Act, 1955. These provide that selection shall be by competitive examination which has been interpreted as meaning written examination. When this is not feasible, as happens in practically every case, selection may, with the consent of the appropriate Minister, be in such manner as the commissioners think proper. Effectively the commissioners use the services of interview boards to assist them in their selection of candidates.
In their finding the Supreme Court ruled that the powers of selection of the commissioners were limited and did no more than vest in the commissioners discretion as to the manner of selection to be employed as an alternative to competitive examination. In view of the Supreme Court finding it is considered desirable to spell out beyond doubt the exact powers of the commissioners in the area of selecting candidates.
It is felt that the procedure adopted by the Civil Service Commissioners is the most appropriate and sections 3 and 4 of the Bill have been modelled on corresponding provisions in the Civil Service Commissioners Act, 1956. Briefly, these provide that selection shall be by competition consisting of one or more specified types of tests. They cover also the short-listing of candidates and the making of regulations by the commissioners in relation to the holding of such competitions.
Apart from the foregoing proposals, which arise out of the Supreme Court findings already mentioned, problems have existed for some time in relation to posts of town clerk in the smaller urban district councils, selection for the filling of all of which are, by virtue of the provisions of the Local Authorities (Officers and Employees) Act, 1926, made by the Local Appointments Commissioners. Experience has shown that there is a very high turnover in these posts. Over the years, however, representations have been made by public representatives and others to have these posts in the smaller urban district councils filled by local competition which would also be open to all qualified candidates. It has been represented that this would reduce somewhat the degree of turnover in such posts.
This issue was raised in the course of discussions between management and staff side interests under the conciliation and arbitration scheme for local authorities and health services on the grading, salaries and other matters related to town clerks generally. Under the agreement reached between the management and staff sides in the matter, it was agreed that when a suitable opportunity arose proposals would be formulated for incorporation in legislation whereby town clerk posts in urban district councils with a population of less than 9,000 would no longer be filled on the recommendation of the Local Appointments Commissioners.
Section 6 of the Bill provides for this by excluding the town clerk posts from the scope of the Local Authorities (Officers and Employees) Act, 1926. Town clerks in these urban districts will in future be recruited by the local authority concerned in accordance with the Local Government (Appointment of Officers) Regulations, 1974, which govern the filling of all local authority offices except those filled on the recommendation of the Local Appointments Commissioners. While this proposal does not arise because of the Supreme Court finding, it is felt that the opportunity presented by the present legislative proposals to implement the commitment made under the conciliation and arbitration scheme in relation to the filling of town clerk posts should be availed of.
The Local Appointments Commissioners have established an unrivalled record for fairness in making selection for posts in the period of over 50 years since they were established. The legislative provisions under which they operate do, however, require up-dating to ensure that the statutory framework under which they operate is absolutely clearcut. This is the aim of the present porposals.
I commend the Bill to the House.