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Seanad Éireann debate -
Friday, 2 Jul 1926

Vol. 7 No. 11

LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) BILL, 1926—THIRD STAGE.

Question—"That the Title be postponed and that Sections 1 to 5 inclusive stand part of the Bill"—put and agreed to.
SECTION 6.
(1) Save as is otherwise authorised by this Act, every local authority shall, before making an appointment to an office to which this Act applies, request the Commissioners to recommend to them a person for appointment to such office.
(2) Whenever a local authority does not, within three months after an office to which this Act applies becomes vacant or (in the case of a new office) is created, either request the Commissioners to recommend to them a person for appointment to such office or make an appointment (other than a temporary appointment) to such office under and in accordance with a provision of this Act dispensing with such request, the Minister may on behalf of such local authority request the Commissioners to recommend to such local authority a person for appointment to such office.
(3) On receiving such request as aforesaid from the local authority or the Minister (as the case may be) the Commissioners shall select in accordance with this Act and recommend to the local authority one person for appointment to the said office or shall, if they so think proper, select in accordance with this Act and recommend to the local authority two or more persons for such appointment.
(4) On receiving from the Commissioners their recommendation under this section, the local authority shall appoint to the said office the person recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as they shall think proper.

I move Amendment 1:—

Section 6, sub-section (1). To delete in line 19 the words "a person," and to substitute therefor the word "persons."

When this Bill was getting a Second Reading I ventured to express the view that local authorities ought to have received some consideration in the matter of those appointments. While I accepted the principle of competitive examination for public appointments, I was of opinion that the public opinion of the country had not been sufficiently tested, nor had the ability of bodies, recently appointed, been sufficiently canvassed or understood. This Bill suggests that they should be completely deprived of all voice in the appointment of officials and employees. In my view, in a democratic State the idea should be not to eliminate but to train people, selected by reason of some capacity by the electors of the country, to an intelligent interest in all matters dealing with political and administrative affairs. This Bill, to my mind, completely prevents the local authority from having any voice in the management of officials, and while I have a rather formidable number of amendments to the Bill, I think it will be found they all boil down into this: that the local authority should be associated with the Minister and the Commissioners, so far as they may be, in those matters. In connection with the first two amendments proposed, perhaps I might be allowed to move them together. If the first amendment is not accepted, it would be impossible to give effect to the amendments I have to subsequent sub-sections of this section.

CATHAOIRLEACH

If the first amendment is carried, the other will be consequential. If it is rejected, there is no use in moving the second amendment.

The object of this amendment is to try and secure that there will be associated with the Commissioner and the Minister, the Local Authority in the selection of those people. I do not intend to propose that they should have any real veto on the matter but simply that their opinion should be considered in all those matters of appointments. It is, of course, evident to each of us that there will be cases of appointments arising in which the local people would be the most competent judges. They are aware of the capacity, at any rate, of the people in their own neighbourhood. We all know competitive examination is an ideal thing but we cannot close our eyes to the fact that people may possess all the qualities enabling them to pass competitive examination and yet lack some of the moral and civic qualities which are essential to the discharge of the duties delegated to these officers.

Is this amendment not already contemplated under the third sub-section, where it says: "Where more than one person is so recommended, such one of the persons so recommended should be selected." I think it is already included in the section.

CATHAOIRLEACH

I think, apart from that, under the Interpretation Statute, the word "person" used in the singular includes the plural.

I do not think it would in this Bill, as there is an intention to the contrary.

CATHAOIRLEACH

It is better have the amendment moved.

I think it is certainly admitted that some better system is necessary in order to get the most efficient persons to carry out the duties of the local authorities. The present system, as those of us with experience of it know, leads to canvassing, and the almost inevitable result that the most efficient candidate is rarely appointed to the vacant post. The Department of Local Government appreciates that and the section here proposes to remedy that recognised evil in our local administration. There is a general feeling throughout the country that the present trend of legislation is towards centralisation, that everything is being drawn in, as it were, to central control by the Government. In a sense, there is a good deal to be said in favour of that, but yet in a community like ours, which has been enjoying certain democratic privileges and retaining in our local parliaments throughout the country local control, a sudden change like this is resented. I have no fault to find generally with Section 6, but as it limits the request to one person, I think there is something to be said in favour of the amendment. Section 6 certainly effects this—that you will have people recommended for the appointments who are efficient. They may be recommended under heads 1, 2 and 3, but No. 3 will be eligible and efficient in every way. It has been urged that this final selection should be allowed to a local authority because they may be aware of certain moral or other deficiencies on the part of a candidate. I think the Civil Service Commissioners, so far as the existing officials are concerned, from whose ranks promotion is generally made, have an accurate record, not only of the intellectual capacity of every official but also of any vicious or other habits that may attach to the officials. They have sources of information which they are able to tap and they would be able to guarantee in that respect that the man recommended would be suitable. For the reasons I have given and the reasons given by the mover I support the amendment.

I should like to know how the proposer of this amendment wishes to justify the results of examination. They will either have to be kept secret or given to the public, and a gradual feeling of injustice will arise if a man who comes first in an examination out of, say, fifty candidates, is refused by the local authority because he has not these local attractions that we hear so much of. I think the purpose of the Bill is to get over the influence that the local candidate has on the local authorities which stultifies the examination test. I am not a believer in the efficacy of examination in producing the most perfect officer for executive work. It is a Chinese system and therefore it has a good deal of authority, but inasmuch as it centralises the working of the Civil Service, I think we will agree the mover of the amendment will have to show how examination results are to be overcome if he gives the local authority power to override those results, inasmuch as the whole scheme is to prevent—I do not like to call it by a stronger name than —influence in the country. I am not sure that this is a practicable suggestion. The result of the examination is one thing and the result of the election locally is another, and those are interests which are opposed. I cannot support the amendment because I see clearly it hits at the whole scheme of the Government in appointing, as far as the instruments of selection go, the most efficient person for certain posts. Until the mover of the amendment shows how he can override that without opening up again the field of influences that we have been trying to abolish—in other words, opening up the whole system of corruption again—I oppose the amendment.

I cannot subscribe to the view of Senator Gogarty, that all influence is necessarily corruption.

I never made that suggestion.

I adhere to my interpretation. The Senator binds the two so closely together as to render them hardly distinguishable. I put it to him as a professional man, if he were appointing an employee, whether he would do it on those abstract judgments or whether he would not be influenced by his personal knowledge of the candidate. That personal contact is very important, and I think where there are local candidates who are in any way qualified, not necessarily topping an examination and not necessarily judging by Civil Service conditions, those local candidates should be submitted to the local authority. I think it is very important that there should be intimate and harmonious relations based on knowledge and local association between the local authority and its employees.

While I am undoubtedly in favour of the system of competitive examination and have a considerable belief in its efficacy, there are imperfections in everything and there may be imperfections in that. On the whole, however, I think it is very satisfactory to have competitive examinations. Also I agree that the system in vogue in the country of canvassing and personal influence ought to be stopped by every means that can be adopted. Still, Senator Bennett and Senator Kenny have experience of this matter, and I think there is something to be said for what they allege. I think some allowance should be made in the matter. Senator Sir John Keane has also pointed out some faults, about which I agree with him, and I think the Minister should accept an amendment to a certain extent modifying the matter—for instance, if he agreed that the three persons first in the list should be submitted to the local authority and that they should select the one they would prefer, there would be a certain amount of veto with the Minister. I think that would meet the matter, by gradually bringing the Minister into personal contact with the people of the place and at the same time giving him certain freedom in the matter. At present, I understand he is not obliged to recommend the person who passes first in the examination. I should like to know from the Minister whether I am right in that?

CATHAOIRLEACH

The Senator, for the purpose of his argument—he is fairly entitled to get the information— is asking whether under the Bill, as it stands, you would be entitled to reject the man with the highest marks or are you bound to appoint him?

The Local Commissioners will make the selection by means of a competitive examination or through a selection board. Under the Bill, they have power to select one man and send him to the local authority for their acceptance, assuming he gets the highest vote. In a case where there may be three or four candidates with almost equal qualifications, their names are sent down to the local authority for final selection.

CATHAOIRLEACH

The Senator wants to know are the Commissioners bound to put first in order of selection the candidate who obtained the highest marks at the examination?

It is quite clear they are not.

In cases of a public examination they are, but not where there is a selection board.

CATHAOIRLEACH

We are talking of this Bill. Under the Bill, what the Senator wants to know—it is an obvious question in view of the amendment —is, are these Commissioners bound to select and forward to the local authority the candidate who has obtained the highest marks under the competitive system?

And is the Minister bound to accept him?

It is quite clear that their only duty is to recommend, under this Bill, and they can recommend, notwithstanding that the person recommended has not the highest marks.

CATHAOIRLEACH

Is it not a fact that they can recommend the person with the lowest marks?

Yes, and he might be the best person.

They do that on the principle of examination. There will be an oral as well as a written examination and there will be questions concerning personality also taken into consideration.

Then, in addition to that, the Minister steps in. I am not sure that he is bound to accept the recommendations of the Commissioners, so really the whole thing is taken away from the local authorities and handed over to the Minister.

I do not come into the matter at all. The Commissioners make the recommendation to the local authority and not to me.

CATHAOIRLEACH

The Senator is pursuing his investigation and is asking, have you got any power under the Bill or otherwise to set aside the action of the local authority, if they have agreed to the person recommended by the Commission? Supposing the Commissioners recommend A.B. for appointment to the local authority and the local authority appoint A.B., has the Minister any power to set aside that?

I have no power to set him aside unless he is guilty of some subsequent misconduct.

CATHAOIRLEACH

You could not set him aside for subsequent misconduct because it would not have occurred. Let us quite understand what the Minister states—that is, that the candidate selected and recommended by the Commissioners to the local authority, if appointed by the local authority, ipso facto, gets the post.

If that is so, that changes the whole face of it. I did not think that was so. If that is so, and if the Commissioners——

CATHAOIRLEACH

I suggest to the Minister to look a little further into this, because I was under the impression that the Minister for Local Government had a right of veto for reasons satisfactory to himself in the case of any appointments to a local authority.

That is so.

That is so at present.

CATHAOIRLEACH

Quite so. It does not arise out of the Bill because the power is there already. It was not necessary to re-affirm it, and the Bill does not take it away. It would really seem as if the Minister had—I am not saying it is not right he should have—in the case of every local government appointment, a sort of veto on the appointment.

I am not inclined to press that the Minister should not have some voice in the matter.

CATHAOIRLEACH

I am not questioning the propriety of it at all. I am only trying to make the House clear in regard to the position.

I think it is right that he should have a voice in the matter. I suggest for the consideration of the House that the Commissioners should send down three names to the local authorities and let them say which they will accept. I think that would come under Senator Bennett's amendment. That would give more freedom in the matter than if they were tied down to one person.

I have great difficulty in making up my mind with regard to this amendment. The weight of evidence is against accepting this amendment because if we accept it, it means if an examination is held, the person who gets the highest number of marks and who should, by right, be appointed, may not be appointed. If three names are sent to the local authority, someone with a local pull may get the position, thereby doing injustice to the person with the highest marks. I supported the Bill on the Second Reading because undoubtedly the passing of this Bill will mean that something in the nature of a local Civil Service wil be set up in the country to fill those appointments. If the Bill is worked as it is intended to be worked, the question of appointments other than for professional men will not arise in a very short time because, if we start with a lower clerical staff and have a system of examination, I hope in a few years' time the highest posts will be filled by promotion because the men who have passed into the Civil Service will have qualified then for the filling of the higher posts. I would imagine that in any test that would be held of a competitive nature for the filling of professional posts the degrees and experience of the candidates would be taken into consideration and that it would not be merely a schoolboy examination. In the case of the appointment of medical men, there will, I suppose, be a medical man on the Board of Examiners, and experience will be taken into consideration to a greater extent than if it were a boy copyist that was being examined. On the whole, I think it would be a bad principle to submit three names to the local authority.

I have fought for the rights of local authorities in this House harder than anybody else, but at the same time I recognise from experience the difficulties with regard to appointments to these higher posts. I hear people talking about corruption and all that sort of thing. In many cases the fault was not with the poor man or the poor woman on the board, but with others. Anything we can do to remove the taint of corruption from local boards we should do. If we accept the principle of this Bill, I think we cannot accept the amendment. If we accepted the amendment we would stultify ourselves, because we cannot shut our eyes to the fact that if a local man were third on the list and the names of three or four candidates were sent down to a board in any part of the country, the local man would have sufficient pull to get the position as against the better qualified candidates. We all must recognise that. For that reason, I think it would vitiate the principle embodied in this Bill if we accepted the amendment.

A question has been raised as regards the right of the Minister to withhold sanction to appointments. Under every Local Government Act that I know of the Minister has power to refuse sanction to appointments made by any local authority. Every appointment was subject to the sanction of the Minister. I think that is right. But does anybody imagine for a moment that if the Commissioners held an examination and made a recommendation, which recommendation was acted on by the local authority, that any Minister would have the audacity to refuse sanction to such an appointment? It would be impossible for a Minister to take up such a position as that. That argument, I think, is absurd. The object of the clause in the Local Government Act providing for sanction of the Minister to appointments was, I think, to prevent people being appointed who were not qualified for the position. The whole weight of argument is against the amendment and I propose to vote against it.

Would it help if the local authority were represented on the Selection Committee?

The real objection to this amendment is that if it be passed it will reintroduce the very evil it was intended to prevent—that is, canvassing. I shall not say anything about corruption. I am perfectly willing to believe that there was no corruption in regard to these appointments. But there was canvassing. That was what this Bill was intended to end. If you pass this amendment and make it compulsory on the Commissioners to send down at least two names, you will reintroduce the old evil of canvassing.

I should like to explain what, to my mind, is the position of the Commissioners as to recommending the man who gets the highest marks at the examination. In a sense, it is true that he need not get the highest marks, but in another sense it is true that he must. The examination will consist of two parts. One portion of the examination will be conducted in the ordinary way by means of examination papers. The names of the candidates will be arranged in order of merit. The candidates will then go before the Commissioners to see what credit they will receive for other qualifications, such as personality, character, intelligence and so forth. Very probably the candidate getting the highest number of marks will not get the highest marks in respect of other qualifications. Another candidate may get marks for other qualifications which will bring him to the top and, in that way, he will have to be recommended as the most suitable.

I do not know what authority the Senator has for that proposition. There is nothing in the Bill which specifies that.

The matter has been explained by the Minister. The Commissioners in making the selection are to have regard to the qualifications of the candidates for the post.

Where is that provided?

In Section 7, sub-section (4), which states:

"Before recommending a person to a local authority for appointment to an office to which this Act applies, the Commissioners shall satisfy themselves in such manner as they think proper that such person possesses the qualifications prescribed under this section for such office."

The words are "in such manner as they think proper."

CATHAOIRLEACH

The curious thing about that is that the qualifications are not prescribed by the section. On the contrary, the section leaves the prescription of the qualifications entirely to the Minister.

Under sub-section (3) of Section 6, it appears to me that the Commissioners have power to recommend more than one candidate. That sub-section, I think, governs the whole section.

If the amendment is passed it will make it compulsory on the Commissioners to do this.

Under the section it is optional.

The four amendments on the paper have the same purpose—to compel the Commissioners to submit a panel to the local authority. Under the Bill as it stands, in cases where there are several candidates, with practically equal qualifications, the Commissioners can, at their discretion, submit those names to the local authority and they can decide which candidate they consider most suitable for the position. But if those amendments are accepted, it will make it obligatory on the Commissioners to submit two or more names to the local authority. In the case of an examination, where one man got 100 per cent. and another man 50 per cent., it would leave it open to the local authority to elect the 50 per cent. man. I do not think that would be desirable or that we should do anything to make such a situation possible. In fact, I feel so strongly on the matter that I should prefer to withdraw the Bill than allow an amendment to go through which would really undermine the whole position.

As regards the question of examination, what happens in actual practice is that, except in the case of very minor posts, there is an oral as well as a written examination. Candidates get marks for personality, character and experience. In many cases, we have had candidates turned down, although they got the highest marks in the written examination, on the ground that in respect of personality and experience they did not come up to the proper standard. Just at the moment, there is a case engaging attention where an appointment to the office of Secretary to an Agricultural Committee was made by a selection board, who turned down a candidate who had very high theoretical qualifications. They selected a man who had not qualifications nearly so high, but who had a great deal of practical experience. When the result of the examination was submitted to the local authority, they refused to accept the decision of the selection board. I expect that that case will be submitted to me for final decision in a short time. It shows that those selection boards are not entirely composed of theorists. They deal with these problems in a practical manner—oftentimes, in a far more practical manner than the local authority.

There is provision in another section of the Bill for restricting competition to particular areas in certain cases. In cases where the appointment is not a very important one, it may be considered desirable that the office should be restricted to natives of that area. If the local authority makes such a recommendation to the Commissioners, they can take that into consideration. That preserves a good deal of authority to the local people.

Senator Gogarty was anxious to know how proper selection could be arrived at and the spirit of competitive examination upheld, if more than one name were sent down to the local authority. I desire to ask the Senator a question, if I may. The Minister has explained that, in practice, a selection board considers qualifications other than mere book knowledge. As a result, competitive examination, as such, is sometimes set aside and the other qualifications of the candidate are taken into consideration. That much has emerged from the Minister's argument. That being the case, I ask the House to consider whether, when it comes to considering personal qualifications— moral character and so, on—local opinion should not be consulted. We have it from the Minister that ab initio competitive examination, as such, is set on one side. That being so, it is eminently desirable that the names of more than one of the persons who have qualified by competitive examination should be sent down to the local authority, who will have with first-hand knowledge an opportunity of considering the moral and intellectual qualifications of the candidate. On this question I think the local authorities should be allowed to enter into consultation with the Minister. For that reason, I think the House will agree that the word “person” in this section should be deleted and the word “persons” inserted. When we have done that, we can consider the further ramifications of the Bill and we can limit the number of persons as we desire.

Senator Brown detailed the system by which examinations would be held. It was a very specious argument but I cannot see anything in the Bill which lays down a flat programme. It does not state the qualifications which have been alluded to, and I maintain strongly that it is only the local authority that could have full knowledge in regard to these personal qualifications. For these reasons, I ask the House to accept the amendment. I do not think any reasonable argument has been urged against it. In course of time, it will be shown that these bodies will have to be consulted if the interests of the country are not to be neglected.

Would it be possible to have the amendment altered, so as to refer to "a person or persons"?

I would be satisfied with that.

CATHAOIRLEACH

The amendment on the Paper would make it incumbent on the Commissioners in every case to recommend more than one candidate. According to the suggested alteration, they could recommend one candidate or more than one.

That is already provided for by sub-section (3) of the same section.

CATHAOIRLEACH

That was suggested by Senator Guinness at the start. If Senator Bennett is prepared to accept Senator O'Hanlon's amendment, then apparently that is already provided for in the Bill.

Sub-section (3) of Section 6 deals with the matter.

But the fundamental sub-section (sub-section (1)) conflicts with sub-section (3) and for the purpose of clarity it would be better to insert the word "persons."

If Senator Bennett's amendment is not carried, I cannot propose the amendment which I have on the Paper. I am in favour of Senator Bennett's amendment, but I do not agree that the construction put upon it by this House is the only construction. The construction put upon it by this House is that the names of the three candidates who secured the highest number of marks should go before the local authority and that from these three candidates the local authority should make a selection. That is not the construction I choose to put upon it. The construction I prefer to put upon it is that in the examination a standard of qualification would be set. If one candidate be outstanding, he would more or less set the standard of qualification, and only his name would be submitted by the Local Appointments Commissioners to the local authority. But in a case where two or three candidates reached a more or less level standard of merit, I think a certain discretionary power should be left to the local authority and that the names of those two or three candidates who had reached a more or less equal standard would be submitted to the local authority, the final decision being left with that body.

CATHAOIRLEACH

That is provided for, apparently, in Section 6.

My amendment, if Senator Bennett's amendment is not carried, will be barred.

CATHAOIRLEACH

Are you proposing that in every case a panel of selected candidates should be sent to the local authority?

No. I do not suggest that.

CATHAOIRLEACH

If you do not propose that that should be done in every case, in what cases do you propose it should be done?

I leave that entirely to the Commissioners.

CATHAOIRLEACH

That is exactly what Clause 6 does.

But sub-section (1) of Clause 6 confines it to one person. In that, I think there is inconsistency.

CATHAOIRLEACH

It might be contended that the other sub-sections of Section 6 were inconsistent with sub-section (1) of Section 6.

CATHAOIRLEACH

If the words "or persons" were added after "person" in sub-section (1) it might meet the position, and it would be quite consistent with the rest of the Bill.

I think there is a distinct difference in what we are driving at. Sub-section (1) of Section 6 refers to a request by the local authority to the Commissioners. What Senator Bennett seeks is that the local authority should have power to ask the Commissioners to send down more than one name. The local authority has only power under the Bill to ask for one name, but the Commissioners have power to send down more than one name if they so choose.

CATHAOIRLEACH

Senator Bennett wants to give that power to the local authority.

That is the whole point at issue.

CATHAOIRLEACH

If that power is to be given, the Seanad must amend sub-section (1) of Section 6 by altering it to read "a person or persons" instead of "a person," because this sub-section seems to limit the power of the local authority, in making a request to the Commissioners, to "a person." What the Senators, interested in the amendment under discussion, desire, is to give the local authority power to say to the Commissioners that they would like them to recommend one or more persons for the appointment.

This proposal strikes at the root of the Bill. This is not a qualifying examination. It is competitive, and not only written but oral. The Selection Board will take everything into account. If a man has a bad stutter or a bullying manner, it will be taken into account. If we are going to leave it to the local authority to choose between two or three candidates, we will revive the whole system of canvassing which the Bill is devised to end. Even if only two names are submitted to the local authority, we would have canvassing the same as before. It is the aim and object of the Bill to prevent canvassing and the exercise of influence of any kind.

It is not a selection board which is specified in the Bill; it is Commissioners. The Commissioners, I take it, will set examinations in the ordinary way. The candidates who send in applications will be examined at different centres—say, at Dublin, Cork, Limerick and Galway. I take it that the Commissioners will not see the candidates but will receive the papers and will find that candidates possess certain literary or other qualifications. I do not think, therefore, that the personal defects which Senator Sir Nugent Everard refers to will be taken into consideration. They are not a selection board.

As regards Senator O'Hanlon's point, I think it would undermine the whole Bill if we were to accept the change suggested by him, because it would leave it to the discretion of the local authority to demand that the Commissioners should send down two or three names——

I did not say that. I suggested one or more names.

It would leave it with the local authority to decide whether it should be one name or two names. As the Bill stands, the decision on that point is left to the Commissioners. They can send down more than one name, if they find that candidates possess fairly equal qualifications. But if the local authority were given this power, the Commissioners would have no option but to send down a few names, even though one candidate received 90 per cent. and another candidate 50 per cent.——

I did not ask that the Commissioners should send down three or four names. I suggested that they should send down a name or names. I suggested, too, that all the sub-sections of Section 6 were tied up by sub-section (1) which clearly specifies one person.

CATHAOIRLEACH

That prevents the local authority from asking that more than one person be recommended but it does not tie the hands of the Commissioners themselves, because, even if they receive no request at all from the local authority, it is still open to them, under Section 6, to send down more than one name.

I would suggest that the acceptance of this amendment, or rejection of it, is not going to make the slightest difference unless Senator O'Hanlon's amendment is carried. All it seeks is to give the local authority additional power as regards the request to the Commissioners. It still leaves under sub-section (3) the option to the Commissioners to recommend one person or more. It would be absurd to say that they should recommend more than one person if only one person reached the requisite standard. But I would submit that with the acceptance of this amendment it is not necessary to put it in at all, that really the option is with the Commissioners, and this amendment does not take the option from them. It really gives the local authorities the privilege of saying: "We request you to recommend to us one or more persons." It does not restrict the powers of the Commissioners in the slightest degree.

CATHAOIRLEACH

I am not quite so sure about that, and I want to try to see if we can get this thing cleared up and see what is the nett issue before the House. I think we are wandering away from the matter. It seems to me that in the Bill as it stands the Commissioners have an absolute discretion of recommending to the local authority a person or several persons. That is so far as the Commissioners are concerned. When you come to the local authorities the section itself provides that they shall have power to request the Commissioners to recommend a person, but that does not seem to me to confer any right upon them; it is only a condition precedent to the Commissioners proceeding to hold an examination. It is practically giving notice to the Commissioners that there is a vacancy to be filled and that they require to have a person appointed to it. That does not at all entitle them to have a particular person appointed. The section only gives notice to the Commissioners that there is a vacancy for which a person has to be appointed, and then it goes on to say that the Commissioners, in sending recommendations for that appointment, may send in more than one name.

Is there not still a slight inconsistency? It is accepted that it is within the powers of the Commissioners to recommend one or more names to the local authority, and is it not logical, when the local authority knows that that is within the powers of the Commissioners, that they should ask for one or more names to be recommended? That is all I ask, and it is consistent enough. When they know the Commissioners have the power the local authorities should at least be allowed to ask that one or more names be sent down.

Amendment put.
The Committee divided: Tá, 16; Níl, 20.

Tá.

  • Thomas Westropp Bennett.
  • Henry L. Barniville.
  • James Dillon.
  • Michael Fanning.
  • Benjamin Haughton.
  • Sir John Keane.
  • Cornelius Kennedy.
  • Patrick Williams Kenny.
  • Thomas Linehan.
  • James MacKean.
  • Rt. Hon. Sir Bryan Mahon.
  • Colonel Maurice Moore.
  • Joseph O'Connor.
  • Michael F. O'Hanlon.
  • Stephen O'Mara.
  • William O'Sullivan.

Níl.

  • William Barrington.
  • Sir E. Coey Bigger.
  • Samuel L. Brown.
  • Mrs. Eileen Costello.
  • John C. Counihan.
  • Countess of Desart.
  • James Douglas.
  • J.C. Dowdall.
  • Michael Duffy.
  • Sir Nugent Talbot Everard.
  • Thomas Farren.
  • Oliver St. John Gogarty.
  • Mrs. Alice Stopford Green.
  • Sir John Purser Griffith.
  • Henry Seymour Guinness.
  • Rt. Hon. Andrew Jameson.
  • John MacLoughlin.
  • John Thomas O'Farrell.
  • Bernard O'Rourke.
  • William B. Yeats.
Amendment declared lost.
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