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Seanad Éireann debate -
Thursday, 6 Jul 1939

Vol. 23 No. 2

Clerk of Seanad Eireann (Compensation) Bill, 1939 (Certified Money Bill)—Second Stage.

Question proposed: "That the Bill be read a Second Time."

The purpose of this Bill is to enable us to fulfil an undertaking which, I am convinced, was given by the then President of the Executive Council to the Clerk of the former Seanad Eireann when that gentleman was accepting an appointment on the staff of the House as Assistant-Clerk. The late holder of the office of Clerk of the Seanad was an officer in the ordinary Civil Service of the State in one of the Government Departments and, undoubtedly, he had many opportunities in front of him for advancement in the ordinary departmental service. Because of the character of his experience, it was thought desirable that he should become attached to the staff of the Seanad. He was unwilling to go because he thought that, in accepting this new appointment, he might forfeit his Article 10 rights. Assurances were given him, as I have said, by the then head of the Government, with the full knowledge of the Government of the day, and these were reinforced by assurances given by those members of the Seanad who were charged with the obligation of trying to secure a suitable person for this particular office. Unfortunately, in drafting the 1929 Act, his particular position was not adverted to and, when he came to retire and to apply for compensation under Article 10, the Judge was compelled to hold that his appointment in the Seanad could not be described as being in the ordinary course and, accordingly, that he could not give him the benefit and advantage of Article 10. We feel that, in view of the fact that public faith was pledged to this gentleman, it remains for us to ask the Oireachtas to honour that undertaking. The purpose of this Bill is to give to the former Clerk of the Seanad the same retiring terms as he would have been entitled to if the 1929 Act had covered his case.

Question put and agreed to.
Agreed to take the remaining Stages to-day.
Bill put through Committee, reported, received for final consideration and ordered to be returned to the Dáil.
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