Seanad Éireann debate -
Wednesday, 23 Jul 1941

Vol. 25 No. 20

Local Officers and Servants (Dublin) Bill, 1941—Committee and Final Stages.

Section 1 agreed to.

SECTION 2.

Where an officer or servant of the corporation was absent from duty during any period in respect of which this Act applies and the period of absence would, but for this section, be regarded for the purposes of the pension enactments as breaking the continuity of his service with the corporation, the following provisions shall have effect for those purposes, that is to say:—

(a) the period of absence shall be regarded as not breaking the continuity of his service with the corporation, and

(b) notwithstanding the provisions of the foregoing paragraph, the length of the period of absence shall not be taken into account in reckoning the length of his service, with the corporation nor, where an allowance for life or a gratuity is granted to him, in reckoning the amount thereof.

Mr. E. Lynch

I move:

In page 2, Section 2, lines 32 to 37, to delete paragraph (b).

I raised this matter on the Second Stage of this Bill last week when I asked the Minister if he would look into the point, namely the precedent contained in Section 23 of the Superannuation Act of 1936, in which provision was made in circumstances analogous to the circumstances referred to in this Bill. I should like to know if the Minister has looked into it, and if he is prepared to fall in with the suggestion which I then brought to his notice.

Minister for Local Government and Public Health (Mr. Ruttledge)

I have looked into this matter and what the Senator says is quite correct about Section 23 of the 1936 Act, but the position in this matter is not analogous. There is power under the Superannuation Acts dealing with local officers to add years to the period of service. That is the reason it is not analogous to the position which was being dealt with in the section relating to the Post Office.

Mr. E. Lynch

Do I take it that the point is that under the legislation governing local authorities the Minister has power to add years to service for superannuation purposes, whereas in the Superannuation Act relating to Post Office workers the Minister has no such power?

Mr. Ruttledge

That is so.

Mr. E. Lynch

I presume that whoever would be Minister for Local Government when these people come to have their pensions fixed would treat them in the same way as the other workers are treated?

Mr. Ruttledge

I regard the amendment as superfluous. The position is that years can be added to the service, or any other period can be added.

Cathaoirleach

Is the amendment withdrawn?

Mr. E. Lynch

Yes.

Amendment, by leave, withdrawn.

Sections 2 and 3 and the Title agreed to.

Cathaoirleach

When will the next stage be taken?

Mr. Ruttledge

I do not think that this is a Bill that will have to be amended.

Mr. M. Hayes

We should do something for the Minister to-day.

Question—"That the Bill be received for final consideration"— put and agreed to.

Question—"That the Bill do now pass"—put and agreed to.

Ordered: "That the Bill be returned to the Dáil."