The object of this Bill is to make clear and explicit the operation of Section 15 of the Local Government (Temporary Provisions) Act, 1923, which purported to give certain powers to the Minister for Local Government and Public Health to control the appointment, remuneration and duties of local authorities generally by applying the powers already possessed by the Minister in regard to poor law officers. Doubt, however, has arisen in regard to the extent of the powers conferred on the Minister by the section owing to a decision of the Supreme Court, and it has become necessary therefore by this Bill to clarify the provisions of the section and to give effect to the powers originally intended to be conferred on the Minister thereby.
The intention of the original section was that it should extend to the officers of all local authorities in substitution for existing statutory powers, but the Supreme Court considered that this had not been effected by the section on the ground that if it were the intention of the legislation to take away existing statutory powers they should have been clearly repealed by the section.
The Bill, therefore, proposes to remove any doubts as to the application of the section to the officers of all local authorities and to make certain that the powers conferred on the Minister by the section are paramount to any existing statutory provisions relating to officers under such local authorities.
The administration of the Department has, of course, proceeded on the assumption that the powers given by the section extended to the officers of all local authorities, and it is accordingly desirable that the difficulties which have arisen in consequence of the dicta of the Supreme Court should be removed, as it is essential in the interests of good local administration that control should be exercised by the Department over the appointment of local officers particularly in view of the changes which have taken place in the organisation of local government during the past few years. The Bill is a temporary one and is not intended to settle the permanent relations between the Minister and local authorities in regard to the appointment and control of local officers which it is hoped to deal with in the next session comprehensively by a permanent measure.
