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Seanad Éireann debate -
Thursday, 18 Jul 1946

Vol. 32 No. 9

Supplies and Services (Temporary Provisions) Bill, 1946—Report and Final Stages.

I move amendment No. 1:

In page 3, Section 2, sub-section (2), to delete the words "or any other person specified or indicated in such Order" in lines 47 and 48 and the words "or person" in line 52.

This amendment is intended to cover a point which I raised last night. I pointed out, in the debate on the section in committee, that Section 2 provides for the making by the Government of certain Orders. Sub-section (2) empowers the Government, in making an Order under this section, to authorise a Minister to do certain things in relation to the matters mentioned in sub-section (1) and it goes on to authorise any other person specified or indicated in the Order to do these things. It occurred to me that, having regard to the character of the things which may be done, we ought not to empower anybody other than a Minister to make an Order. The matters which may be done, as mentioned in sub-section (1) are: Control of supplies or services, prohibition of imports and exports, control over the user of land, authorising of local authorities to do certain things in specified cases, guarantee by the State of a sinking fund in respect of borrowings by corporate bodies and reduction or suspension of customs duties. These matters are of a character that should be reserved to the control of the Government or a Minister. The Government should not insist on inserting the words I propose to delete, which have the effect of permitting any person to make an order. I do not want to cover the ground again. The matter was discussed last night but no decision could be taken. The discussion was on the contents of the section and was not particularly germane to the points I now make.

I mentioned yesterday that, if the words which Senator Duffy proposes to delete were deleted, it would prevent the establishment of a post such as that held during the emergency by the controller of flour and bread. I have had the matter further examined since and I find that it is necessary to continue a couple of other functionaries or bodies set up to control supplies. In addition to the controller of bread and flour, the Dublin District Milk Board and the Pigs and Bacon Commission were set up under Emergency Powers (No. 247) Order, 1942. As any orders made by such bodies will have to be tabled and may be annulled by resolution of the Oireachtas, I think that the objection to the course proposed is not sufficient to outweigh the advantages which are to be gained by having the power to set up such bodies to control supplies which may be short.

Does the Minister assure the House that an order made, for instance, by the Dublin District Milk Board will be tabled in both Houses?

I am satisfied with that.

Amendment, by leave, withdrawn.

I move amendment No. 2:

In page 4, Section 3, before sub-section (2) to insert the following new sub-section:

(2) Nothing contained in sub-section (1) of this section shall be construed as continuing in force after the operative date the provisions of Emergency Powers (No. 30) Order, 1940.

This is, again, a question which was raised last night but not by formal motion. The proposal is that Emergency Powers (No. 30) Order, 1940, should cease to have effect as from 1st September. Emergency Powers Order, No. 30, is the Order under which the provisions of the Act of 1929, under which transferred civil servants were permitted to retire from the public service in certain circumstances, have been abrogated. I put down the amendment in the hope that the Minister might, in the interval between the discussion last night and this afternoon, have examined the propositions which were advanced. Senators Hayes and Douglas and some others, in addition to myself, pressed on the Minister that he had nothing to lose, but that in fact he would probably have very much to gain by discontinuing, as from 1st September, the operation of Emergency Powers Order, No. 30. I would prefer to rely on the loyalty to the Government of the 6,000 civil servants concerned and their desire to serve the State rather than to tell them that they would have to serve whether they liked it or not.

I already pointed out that 15,000 civil servants who were transferred to the Irish Government in 1922 have already left the service and are in the enjoyment of whatever advantages were transmitted to them by the Treaty of 1921 and, subsequently, by the Act of 1922, and that only the remaining 6,000, who have weathered all the storms of the last 25 years, now remain for consideration. A number of those civil servants who have been serving for the last 25 years, must, in the natural order of things, be approaching the retiring age and the Order does not affect them. Any person who was 35 years of age at the time of the transfer has now reached the retiring age, and nothing that the Order does will affect his rights to leave the service and take his pension, if he is so disposed. All we are doing, by the retention of Order No. 30, is to hold to their desks those who are under 60 years of age and who, in the majority of cases, have minor posts and could not afford to retire, even if they wished.

It will be appreciated by the House that a civil servant on retirement will suffer a reduction in his income of 50 per cent. Take a civil servant who has £400 a year—and there will be a very great number of these concerned—he will not get more than half £400 a year as pension. On retirement, his income immediately goes down to £200. In the case of a civil servant with £300 a year, the most he can hope for is a pension of £3 a week. As I pointed out, more than 4,000 of the 6,000 civil servants involved are serving in the Post Office as postmen and minor grade clerks, people who have small salaries and probably find it almost impossible to live a reasonable life on these salaries. These are not likely to retire from the service on a pension which cuts their income in half. I do not think I am justified in forcing the matter to a division. I put down the amendment so that a decision might be taken in regard to the matter and I am perfectly satisfied to hear the Minister and to leave it at that.

As I explained to Senator Duffy and the House yesterday afternoon, this question was examined and it was decided to continue this Order. If the Order went by the board, I feel that at first, at any rate, we would not have many appeals from transferred officers to the tribunal set up for the right to retire with added years. But, if even one individual in a huff went to the tribunal, I am afraid it might encourage others to go and that those who remained, even though they did not see their way to go to the tribunal, would be dissatisfied.

The fact of the matter is that the emergency which called for the introduction of this Order has not yet passed. The war is over; there are no bombs falling at present, but the aftermath of the war in regard to supplies is very difficult. It is not so difficult in this country as in others, but it is still difficult enough to force the Government to come to the Oireachtas with a Bill of this kind which asks the Oireachtas to confer powers on the Government that normally they would not confer upon any Government. The emergency in relation to supplies and finance generally is not over and, so long as it remains in its present acute form, at any rate, I think that we will have to hold on to this Order which Senator Duffy proposes to abolish.

I regret the necessity for the continuance of any of these emergency powers, but there is no way out of it, and, if the Government are to do their job, they will have to exercise the powers which they are asking for in this Bill in order to ensure that the interests of the community at large will be safeguarded as best they can in the present difficult situation, and the interests of the community at large cannot be divorced from the interests of civil servants, either transferred officers or otherwise. If the wrong policy is pursued, civil servants of all kinds will suffer just the same as the rest of the community. I regret therefore that I cannot accept the amendment.

Will the Minister say if there is a likelihood that in the near future this matter will be reviewed with a view to having the Order revoked, say, within the next six or seven months?

All I can say in regard to that is what I said yesterday afternoon, that as soon as the Government think that any one of the powers which are being conferred upon them under this Bill can be got rid of it will be got rid of. As Senators are aware, as soon as the war in Europe was over the Government forthwith got rid of an enormous number of powers which they had taken during the European struggle. They did not wait until the expiration of the Act of Parliament to get rid of them. When this Bill becomes law, the Government will have a number of powers, including the power which this amendment proposes to take from them. The situation will be kept constantly under review and any order the Government think can be annulled without detriment to the public interest will be annulled as quickly as possible.

Amendment, by leave, withdrawn.

I move amendment No. 3:—

In page 7, Section 9, sub-section (1), after the word "Order" in line 18 to insert the word "and"; to delete the words "and every direction in writing" in line 19, and the words "or direction in writing given" in lines 20-21.

Amendment agreed to.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.
Agreed: That the Fifth Stage be taken to-day.
Question—"That the Bill do now pass"—put and agreed to.
Ordered: That the Bill be returned to the Dáil.
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