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Seanad Éireann debate -
Tuesday, 19 Dec 1972

Vol. 73 No. 16

County Management (Amendment) Bill, 1972: Second Stage.

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

Foráilíonn alt 16 (7) d'Act um Bainistí Chontae, 1940, go ndéanfaidh an comhairle, tré rún, gach ceapachán mar ráta-bhailitheóir. Sé cuspóir an Bhille seo ná an t-alt sin a athgairm ionas go ndéanfar ceapacháin mar ráta-bhailitheóir chontae de thoradh comórtais iomaíocha.

Leis na blianta anuas bhí roinnt mhaith díospóireachta ag bhaint le ceapacháin ráta-bhailitheóirí. Nuair a ardaíodh an cheist seo sa Dáil ar 18 Aibreán, 1972, chuir an t-Aire in iúl do Theachtaí go bhféadfar an cheist seo a phlé nuair a bheadh reachtaíocht ós a gcomhair maidir le chumhachtaí agus feidhmeanna comhaltaí údarás áitiúil i gcoitinne. Idir an dá linn, bhí an cheist faoi bhreithniú aige agus ba léir dó go raibh sé in am an córas cheapacháin seo a athrú.

The purpose of this Bill is to repeal subsection (7) of section 16 of the County Management Act, 1940, so that the selection and appointment of county rate collectors will be made in the same way as other appointments in local authorities.

At present selections for appointment to posts as permanent officers in local authorities, with the exception of county rate collector appointments, are made in one of two ways. The first method is that the local authority itself following public advertisement, holds a competitive examination or interview; the candidate who is placed first in this competition is normally appointed provided he passes a medical examination and the customary character inquiries which any employer makes. The majority of selections to local authority offices are made in this way, that is, by the local authority itself. Examples of offices which are filled in this way are clerk-typists, library assistants, clerical officers, staff officers, rent collectors, storekeepers, clerks of works, rate inspectors, rent inspectors, draughtsmen and, of course, rate collectors other than county rate collectors.

The second way in which offices in local authorities are filled is to utilise the services of the Local Appointments Commission. Examples of offices which are filled on the recommendation of the Local Appointments Commissioners are the chief executive officer of every local authority, offices for which the qualifications are professional, such as engineers, architects, planners, and a limited number of other senior offices, such as county secretary and county accountant.

An exception to both of these two systems I have mentioned was made in the case of the county rate collectors. The reasons for this exception are not now clear but the arguments against the system are well known—a system of appointment made by vote of elected members of local councils does not readily lend itself to the detailed procedures and controls which ensure that selection is made on merit alone. As the law now stands, members of local authorities must operate this system as best they can. While many allegations have been made in the press from time to time regarding these appointments, I think it fair to say that the fault lies in the system and not with the individual councillors. The aim of the Bill is to change the system and to relieve councillors of their involvement in individual staff appointments. The Bill, as it now stands, provides that in future the actual appointment of rate collectors will be an executive function to be carried out by the manager rather than a reserved function to be exercised by the council. It is the Minister's intention to have new regulations prepared which will require that, except in cases of internal promotion, all appointments will be made by open competition and a circular letter will be issued to local authorities on this matter as soon as possible.

The Bill leaves the way open at some future date to having the selections made by the Local Appointments Commission should that be found necessary. It is my view that selection for the post of county rate collector would best be made by competition conducted locally by the local authority in the same way as the majority of local authority appointments are made. It is important in the case of rate collectors that, if at all possible, the person appointed should have a knowledge of local geography and conditions and that a local dimension be preserved.

Many other offices are, as I have said, filled in this way and so far as I know the selections are made fairly and conscientiously. However, if this should not prove to be so in the case of county rate collectors, then the option will be there of resorting to the Local Appointments Commission.

Everybody will agree that appointments to public offices should be made strictly on the basis of merit. I believe that the time is now opportune to change the law in relation to the county rate collector appointments so that the appointments will be made on the fairest possible basis and will be seen to be made on that basis. It was for this reason that the Minister had the matter covered in a separate Bill which I now commend to the House.

The purpose of this Bill is to remove from local authority members the rather odious requirement of having to appoint individuals to the position of rate collectors to their local authority. I doubt if the removal of this task will be regretted by many members of local authorities. From time to time local authority members have complained about this obligation but they have never refused to carry it out. When people stand for election to a local authority they do so knowing that there may be obligations placed on them which they will not like. They will accept these obligations if they wish to achieve some of the measures which first prompted them to stand for election. Therefore, they will not be upset at losing this dubious privilege of being allowed to appoint rate collectors to their local authority area. However, they will be upset in certain areas of the country about the proposed method of appointment. One procedure which is calculated to arouse the suspicion of every local authority member is the behind-closed-doors activities of the officials.

We should look at the anomalous position of the rate collector in the local authority service. He is the only official who operates in the local authority—and perhaps in the public service—on a bonus system. Public servants generally know how much they are paid weekly and that it will be increased only through national wage rounds or negotiated increases. Officials are appointed on a salary basis with annual increments and occasional national or negotiated salary increases.

The rate collector, however, occupies the strange position whereby he is paid a flat rate of salary to carry out a duty, and he is also paid, at certain times during the financial year, a bonus depending on whether he has achieved a certain percentage return of his total warrant for that financial year. I imagine what makes the position attractive and lucrative to rate collectors is the aim that they should try to earn together with their salary all of their bonuses in any one financial year.

I do not know why the appointment of rate collectors was left separate from the other two systems which the Parliamentary Secretary outlined— appointment by a managerial order or by the Local Appointment Commissioners—or why rate collectors alone occupied this unique position. It could have been because one of the few real powers left to elected members of local authorities is that they should adopt the estimates and strike the rate for their local authority for the coming year. The thinking may have been that, having given them that power, they should also be allowed to appoint the officers who would be directly responsible for the collection of the warrant to finance that adopted rate. Whatever the reason, the rate collector's position stands unique within the local authority service and rather strangely within the public services as we know them in this island.

Because of the unusual duties and strange methods of collection which a rate collector is obliged to carry out, the qualities required for this position—it is the last job that I personally would consider—should include a local knowledge and the collector and his family should be known locally in the area. His integrity and personal standing in the community should be known and respected. He should have the qualities of understanding and compassion so that he can appreciate the very real difficulties confronting those from whom he is expected to collect money at certain times during the year. Not only from the point of view of achieving his bonuses but also of keeping the local authority solvent, he should have the quality of endurance.

The question has been asked why we need rate collectors, why the method of collection of rates for any local authority cannot be carried out through an office in the same way as other public services. I do not propose either to defend or to criticise the system. I should just like to make the point that, next to paying tax, probably the most objectionable thing for any member of the community to be asked to pay rates. I do not think it is just as simple as sending an ESB or telephone bill to a client and asking him to pay up, because he knows very well that if he does not pay the electricity bill or telephone bill in due course the services will be disconnected and he will no longer be able to avail of them.

I do not think anybody, certainly not the officials of the Custom House, has yet devised a system whereby one can be deprived of the use of public lighting and the public highway and footpaths and various other services which our local authorities provide. If there is merit in having a personalised collector service it is (a), that it is personalised and (b), that because of the bonus incentive, the collector realises that it is personally lucrative and worth his while to follow up his warrant and to endeavour to achieve as high a percentage collection rate as possible.

Perhaps if the system of financing local authorities were to be changed and based on some form of local income tax it might well then be levied by means of an office collection, but until such time as the long promised and now much disbelieved white paper on local finance is published I presume it would be wrong of us to go into that aspect of the service in any great depth, although I understand the white paper which is to be published will say absolutely nothing new about anything in relation to the financing of local authorities. However, I hope I will be proved wrong in that prediction although I would be prepared to lay a small wager that I will not.

The system which is being proposed to replace the present method of appointment is that each county manager should be allowed to appoint his own rate collectors. It has been suggested in the Parliamentary Secretary's speech this evening and in another place that what in effect will take place is that an interview board will be set up composed of some outside members and one or perhaps more local officials of the local authority, who will interview applicants and grade them on a laid-down scale of educational standards and ability and integrity and various other things.

The great difficulty with promises such as this is that they are merely promises. As has been pointed out at other times in this House, nothing that is not contained within an Act is enforceable no matter what promise may be given by a Minister or Parliamentary Secretary here or elsewhere. This will count for nothing unless it is written into an Act and is therefore part of the law of the land, in this case part of the local government code, and consequently leaves an obligation on the country manager or whoever else may be obliged to perform the function to carry it out in accordance with that Act.

What we are instead presented with is a very short two-section Bill which merely changes the reserve function of appointing rate collectors from the members and hands it over as an executive function to the county manager. We have been promised regulations which will dictate to the manager the method he should use to set up his appointment board, the type of people who should be on it and the sort of conditions which the board would be obliged to seek from applicants. It is my honest belief that it is unfair to this or any other House to present a Bill such as this in the form it has been presented without providing that very necessary ancillary information as to how exactly this new method of appointment is to work.

It seems to me there has been far too much loose and glib talk on the part of public representatives, perhaps often acting more in their role of politicians, members of the press—I hesitate to add the same rider to that description as I added to the first one, although I am tempted—and other people criticising the public method of appointment. I am a member of a local authority. I have voted and taken part in the appointment of rate collectors under the present system. I do not like it but I accept that it is currently, until this Bill is passed, my responsibility to do it and I am prepared, as many other members of this House have been prepared, to face up to that responsibility. I honestly and genuinely believe that the vast majority of members of local authorities down through the years have faced up to that responsibility and have undertaken that task, however much they disliked it, to the best of their ability.

It is of course fair to say that the majority of appointments made under that system were made on a political basis. It is probably fair to say that when the appointment method was first set up under the 1940 Act it was intended to be a political appointment. It was known at that time that it was to be a political appointment. There were no great objections or there was no enormous public outcry about it despite the fact that the majority of us now might feel that it is distasteful and personally dislike it. But it was a system of open public vote. If a man was appointed and if his political affiliations were taken into consideration, as undoubtedly they were by every party that is currently represented in this House, but that may have been in the past and may well be in the future. All of these parties have participated in that system, so let none of them criticise it or play sham or hypocrisy or stand up now or again in any other place to say, "Hand me my finger bowl and let me wash my hands of the affair", because it is just not true.

All political parties participated in it, and the general public to a large extent, understood the machinations of the system. No one particularly liked it. Mostly the people who had to carry out the voting at the end did not like it but they did it. Perhaps they often did it because they knew darn well that if they did not go in and cast their vote in relation to a particular appointment the other political parties who were members of the local authority would cast their votes very quickly and take the appointment for their own appointee.

But the one saving grace, and the thing that deserves to be said and should and must be said in praise of those local authority members down through the years, irrespective of which party they were from, is that in the vast majority of cases their appointees proved to be efficient, loyal and, above all else, honest and dedicated servants of the local authority to which they were appointed. The number of cases of rate collectors defaulting with portions of their warrant is infinitesimally small.

It is worth repeating here what has been said in other places. The local authority of which I am a member, Dublin County Council, down through the years appointed hundreds of rate collectors and fewer of them than the number of fingers on one hand ever went wrong. Those who were tempted and fell were all appointed in one short three-year period during which Dublin County Council was abolished and commissioners appointed to carry out its functions, as happened to Dublin Corporation. To my knowledge—and I have made exhaustive inquiries about this—no political appointee to the position of rate collector in that local authority area has ever been accused of doing away with one penny of the ratepayers' money.

That is a proud record. To a great extent it serves to justify my contention that, while the members of local authorities might have been faced with the unenviable task of making those appointments, they did not make them in any haphazard confettilike form. They made them carefully and judiciously. They took political affiliations into account—we would all be less than honest if we did not admit that fact—but nevertheless the appointments were made carefully and judiciously from within the ranks of their political parties.

I took grave exception to, and was personally hurt by, the remarks made by a reputable public representative in another place in relation to the activities of members of local authorities in connection with those appointments. I do not think it fair or good enough that any public representative elected to Dáil Éireann should have the gall, in relation to the appointment of rate collectors or the activities of the selfless, unpaid, dedicated members of the local authorities, to pass the casual, offhand remark that: "They will all be mourning tonight for the loss of their income". I am quoting from a document from which we are not allowed to quote in this House and it is contained in a debate on this Bill which was held in another place.

The contribution of the man who made that remark, and who continued his remarks by alleging that he knew of malpractices and of financial bribes taking place, lowered him in my estimation because, if he knew of such malpractices he should have taken action when he first heard about them. To my knowledge they did not take place in the local authority of which I have been a member for five and a half years, or in any other local authority with which I have come in contact in that time, or in any local authority on which any of my colleagues have served and with whom I have discussed the matter.

It is a deplorable state of affairs that any public representative, who has not taken the time or regarded it as his duty or his training, to even stand for election never mind serve on a local authority, should make a remark such as that. I could go through that debate and pick out the remarks of people such as Deputy Foley whose remarks were just as contentious, just as unfair and just as unfounded, in the light of his own inexperience and failure to stand for election.

I think the Senator having named one Deputy should name the other.

The Senator should know who he is.

I do know. That is the point.

Would it be Deputy Oliver J. Flanagan.

If Senator Keery wants to defend the Deputy in question I will give way to him now.

An Leas-Chathaoirleach

It is not a question of attacking or defending any particular Deputy; it is a question of debating the Second Stage of this Bill.

I thought Senator Keery was taking exception to the fact that I referred to Deputy Foley and was trying to mount a defence on behalf of Deputy Foley because I know there is another Deputy and the two of them must be very close together.

I referred to the fact that the Senator did not name the other Deputy.

Get back to the Bill and do not mind the split. We are here in Christmas week to do business and not listen to the Senator's tirades. Stick to the Bill.

It is due to the courtesy of the Leader of the House and of his party that we are sitting here in Christmas week. We would have been well through this Bill were not not for the fact that, on a simple motion for the continuance of the Housing Act, various members of the party to which the Leader of the House belongs chose to speak, as is their right. We would have been far further through this Bill if they had not so chosen.

They have as much right to speak as the Opposition party.

As I said.

They know as much about it as the Opposition and, in fact, when they speak they talk sense. They do not speak for the sake of just being heard.

Another long-serving member of a local authority.

The Senator is only in political nappies.

Tell us about the appointments.

(Interruptions.)

An Leas-Chathaoirleach

Senator Boland on the Bill.

I wish to point out again that the position of rate collector varies from county to county. The attitude to the idea of collection by collector, as against office collection, varies from county to county. Some counties have already favoured the office collection system but others have not. I can only relate my own experience. I am sure other Senators, at the invitation of the Leader of the House, will subsequently give theirs.

For a number of years my council decided not to appoint rate collectors and we left three positions vacant. We appointed nominally, instead, an official of the council and gave him a staff and office facilities of the council to exercise the warrants. We discovered at the end of three years that, while our politically appointed collectors were collecting all in excess of 97 per cent, and most in excess of 98 per cent, and some up to 99 per cent of their warrants, our office collection was returning between only 70 and 80 per cent. Our recovery rate through the courts and other methods were not entirely successful.

Because I knew this Bill was coming up some time ago, I took the trouble to inquire what the collection costs of the warrants for the current year would be in County Dublin. The warrant in the county is approximately £10 million in the current year. The cost of the rate-collector operation and the backing up office staff and computer service that go to service the collectors' activities will amount to 1¼ per cent of that warrant. As usual it is expected that between 97 and 100 per cent of the warrant will be collected. I am not in business in any big way, but if anyone in this House who is can tell me of a method whereby he can collect a sum of that size, for a percentage collection rate so low, the gentlemen who are operating takeovers for large public companies would be very interested to avail of his professional advice and services. However, I am not defending the collection system and perhaps in the White Paper on Finance, when it issues, there may be not only a new method proposed for the financing of local authorities, but that method may be such as to eliminate the rather odious task of going around collecting the warrant from door to door.

I should like to ask the Parliamentary Secretary what the criteria for these appointments will be. As is already established, the regulations for the appointment of the rate collectors by managerial boards have not been published. What are the educational qualifications which, it has been decided, are necessary for rate collectors? What is the minimum age and the maximum age? Is it intended that the newly-appointed collectors should be drawn from the ranks of previously serving members of the local authority in a particular area, or will it be open to those who qualify otherwise on all other grounds and happen to be living in, or be natives of, that area? Will the manager be bound and obliged, by law and regulation, to accept the recommendation of his appointed interview board, or will it be open to him to decide that he does not like the recommendation made by the interview board? Consequently will it be open to him to decide not to accept the recommendation and instead to appoint someone he himself feels is more suitable?

It is an important fact—and this has been said extensively in other places—that there is in the minds of many members of local authorities a certain apprehension and holding back in their trust of all the activities of the county manager. It is perhaps understandable that the managerial system, as it stands, is designed to a large extent to provide in the manager a Custom House representative in each local authority area. Unless the manager is very good, very understanding and very careful, he will fall foul of at least some of the members of his local authority. I do not think it unfair to say that quite a number of local authority members do not trust their manager in at least some of the things he does; some of them do not trust him in any of the things he does; and others trust him in just a small amount.

That is not a fair point.

I want to emphasise that I am not referring to any particular individual or to any particular manager. I think it is a fair point.

It is not a fair point. My experience is that county managers at large are very fair.

An Leas-Chathaoirleach

Order, please. Senator Boland is expressing his opinion.

(Interruptions.)

Without wanting to encourage him to continue being disorderly, I am glad Senator Honan made the interruption he did. I was about to quote to him the published remarks of a colleague of his own speaking on this measure.

I am not responsible for my colleagues.

An Leas-Chathaoirleach

Senator Boland to continue on the Bill.

To my senior political acquaintance in County Dublin who is ill unfortunately and who I hope is recovering, I publicly wish a speedy recovery and a happy Christmas, through the marvellous reporting that this House always gets in the national press. Senators can guess who I am talking about now. My acquaintance and Senator Honan's colleague says: "Anything done at county council level is above board and open to criticism, whereas anything done by, for instance, a city or county manager cannot be questioned."

Would the Senator please give the source of the quotation?

Before you returned to the Chair——

(Interruptions.)

——I pointed out that this remark was made in relation to this Bill by someone speaking in another place.

It is not in order to give quotations without giving the source.

When this matter was being discussed——

Would the Senator give the source for the record?

I propose that it be expunged from the record.

All those interruptions should be expunged. The source is: Volume 263, No. 11, of the Official Report of the Dáil Debates.

The Senator knows that it is not in order to give quotations from the proceedings of the Dáil.

I spoke of another place.

The Senator knows it is not in order.

The alternative method of appointment that has been proposed is appointment by the Local Appointments Commission. I can only speak personally in relation to this, but I have some reservations in relation to appointments by the Local Appointments Commission to this position, which other people have expressed as well. One of the prerequisites for the appointment of a rate collector is that he should have a fair local knowledge of the area and be known fairly well in it. Unless special regulations are introduced, collector appointments for any particular administrative area will be thrown open to people from the whole country. At the same time, I share, to some extent, in the apprehensions of my political acquaintances and colleagues in relation to the behind-closed-doors decisions which city and county managers can make.

I understand that the Committee Stage of this Bill will not be taken until after the recess. An attempt should be made during the interval to publish the regulations to be used by a manager in making his appointments.

If that is what is worrying the Senator, I will give them to him here and now, if he will give me the Bill tonight.

It depends on what is in the regulations. An attempt should be made to publish the regulations which will be imposed on a manager to make the appointments and, if those regulations appear satisfactory to everybody, the Bill can be passed immediately after the recess without any further debate.

I understand that all Stages of this Bill will be taken today in return for some arrangement made about the Marriages Bill last week.

That is the first I heard of it. If there was anything objectionable in the regulations we could, on Committee Stage, discuss further the idea of the Local Appointments Commission, with some modifications to the ordinary regulations, being asked to take over the function of appointing the collectors.

The position of rate collector has been described as a junior one within the local authority service. I would have thought that people who were collecting warrants of up to £500,000 or £750,000 and who were being handsomely reimbursed for collecting those warrants on the basis that they collected a high enough percentage of it, would be considered to be occupying senior positions. In a recent discussion with some rate collectors who are rather long in the collecting tooth, as it were, they maintained the interesting theory that, if the county manager and secretary were both to die without delegating their authority to anybody, under the local government code the senior appointed rate collector within the administrative area, and not the county accountant, would then be the senior official remaining within that administrative area and would take over the duty of running the local authority until such time as a substitute was permanently appointed.

In at least one local authority fairly near the Dublin area I understand that happened sometime during the past few decades. Perhaps it is an interesting point and one which might make the Parliamentary Secretary and Minister think again.

The Senator is a more innocent man than I thought.

I wish I could say Senator Honan was innocent. It might make the Minister think again on the basis of allowing rate collector appointments to be made by managerial board rather than by the Local Appointments Commission.

The Local Appointments Commission appoint senior officers such as managers, secretaries, accountants and so on, and managerial committees appoint staff officers, second fire officers, clerical officers, library assistants, clerk typists, rate collector, other than county rate collector, rent collectors, wholetime and part-time post, gas slot meter collectors, store keepers, law and conveyancing clerk, clerk of works, referencer, rate inspector, rents inspector, section officer, assistant section officer, senior section officer, development officer, draftsman, draftsman grade 1, work study and organisation and methods officer, personnel officer and quantity surveyor's clerk.

I do not think that any of us can say that men who are at present engaged in the country, and who will be appointed in the future in the country apparently, to collect warrants of up to £750,000 can be graded on the same level as a gas slot meter collector.

That is very insulting to the gas slot meter collectors.

I was waiting for that, I did not think it would come from there. I do not agree that a rate inspector or rent inspector or collector, or any of those people will be responsible for anything like the amount of money these people will be responsible for. They are not completely similar because, as we agreed earlier, the rate collectors get special bonuses for meeting that percentage of their warrants at certain times.

Where did the Senator get the quotation?

Did Senator Honan ever read the local government code? Because of the strange position which they occupy I do not think that either the ordinary managerial method of appointment or the Local Appointment Commission's method of throwing it open to the whole country is satisfactory. I hoped that some method of appointment might be devised which compromised between the two. The simple answer to that is that there is no point in having a third method of appointment to a local authority position. Unfortunately, we had a third method of appointment. The unfortunate members of the local authorities had to appoint these people. If there is a separate method at present why can we not now devise, because of its special nature and peculiar arrangements, a particular and suitable method of appointing the collectors in a less contentious and just as acceptable way?

I welcome this Bill for the reasons that have been mentioned. The position has been referred to here tonight as a rent collector job. It is no longer a rent collector job; it is a rent receiver job. Any man who sits in his office all day and waits for people to bring rents to him is not a collector; he is a receiver. These jobs should be done away with entirely. They are a thing of the past; from days when transport was not available.

I regret that the Bill does not go far enough. It does not provide something which is necessary because of our entry into EEC. It does not provide remuneration for councillors, who have been described as unpaid dedicated members of local authorities. It should provide provision for them rather than for the so called rent collectors who are rent receivers.

I do not think remuneration for councillors arises under this Bill.

It may not arise——

The Senator has made his point. He might pass on to something in the Bill.

I agree that it does not arise in the Bill, but I am suggesting that it should arise under the Bill.

The Chair is suggesting that under no conceivable possibility could it arise on this Bill.

I have made my point. In conclusion, I welcome the Bill and I wish it a speedy passage.

One of the few things which Senator Boland said with which I agree is that there has been too much loose and glib talk on this Bill. In his opening statement, the Parliamentary Secretary said that it is fair to say that the fault lies with the system and not with the individual councillors. I intend to speak on the system. What individual councillors did in the past is a matter for themselves, and I do not intend to criticise the way they performed their functions over the past 32 years.

In the dying days of 1972 all I can say about this Bill is that at long last we have got it. The reason why the appointments of county rate collectors were left to the elected representatives rather than being put with the other appointments in the local authority, as has been said, seems to have been rather obscure and none of us has been diligent enough to go over the basis of the passing of the County Management Act of 1940 to try to find out what was the reason.

It seems to have been sought by the existing councillors who felt their powers were being diminished by implementation of the county management system. This measure removes the last obvious area of political appointments in the public sector and is welcome for that reason.

There is one small area remaining within the ambit of local authorities although not directly within the ambit of the Department of Local Government. I am referring to the appointments of school attendance officers in the county boroughs which are of a political nature. I should like the Parliamentary Secretary to draw the attention of the Minister for Education to this situation and have it sorted out in the near future.

We have been well served by our rate collectors who have been most dedicated and loyal. I do not agree that the job is one which can be adequately carried out by an office system. Senator Boland indicated that this has been tried in a specific area but did not prove successful. When we examine the nature of the job it is obvious that it will not be so successful as when there is direct individual involvement. Our standard of rate collection has been remarkably high, in most areas being between 97 and 99 per cent. Taking into account the colossal increase in the burden of rates in the last ten years great credit is due to those people who have achieved these remarkable results.

I should like to correct Senator Boland by stating this is not the only area of appointment in the local authority in which there is a bonus. Many rent collectors work on a basic wage plus bonus based on their percentage collection.

The rate collectors in the nature of their warrant are left with some discretion as to how they implement it. This is something which no office system could deal with. It will not have a computer which will be sensitive to the particular needs of an account and know when to enforce an arrears notice. I know of many cases where rate collectors suffered in their percentage bonus rather than implement some of their powers under their warrant because they believed it would be inhuman in the particular circumstances.

There appears to be considerable doubt about the method by which people are appointed to local authority staffs. In this context, as a member of a local authority staff, I should like to say that we are raising a lot of hares. No city or county manager would appoint an individual to the post of county rate collector without some form of competition. I assure the House that if any of them did so, the staff representatives would be at their door immediately. We have fairly sophisticated methods of competition and appointment within the local authority service. This has evolved over quite a long period going back to the 1943 regulations through many Local Government circulars of which the Members of the House are aware. From the staff point of view this has worked reasonably well. There is no perfect system for making appointments. I was perturbed by a remark made by the previous speaker when he referred to "behind closed door activities of local officials". We were all grouped in that statement but as a representative of those officials I resent that remark. He did not elaborate any more so I cannot take him up any further but I hope he did not mean there is any sort of nasty activity taking place among local officials.

We are public servants paid out of the public purse and we do as good a job as we can. A number of local authority officials are very dedicated and I include in this many county managers. I have negotiated across the table with almost all city and county managers. We have fought many hard battles but I would not accept that there is anything underhand taking place in the city and county managers' associations in the manner in which they appoint their staff.

In the normal manner the regulations would be issued under this Act as to the method of appointment. I suggest to the Parliamentary Secretary some of the matters which might be considered in these regulations. I would insist that we retain the right of appointments for the reasons I have given. Apart from the local knowledge we could consider people who have previous experience of some sort in the local authority service. This would achieve two things. Firstly, you would be ensuring that the successful candidate would have some knowledge of existing local government legislation. Secondly, you could be providing a very important avenue of promotion in some areas for people who are not necessarily in the officer grade but who are in what is unfortunately still termed the employee and service grade. This could be a great incentive to some of these people who can never get an office job.

The amount of work involved in some areas does not give an adequate return. The man involved is part-time and must have another job. To remedy this would mean doing away with some posts and creating others. It could be made into a normal salary grading structure which would eliminate a lot of the problems in making appointments.

Regarding the local interview system no manager will appoint somebody simply because he likes the colour of his hair. People must be appointed on merit alone and not because they are male or female. One criticism I might make of the existing and past councillors is that they did not think fit to appoint women rate collectors.

In many areas already in local authorities we are used to laws being introduced. Generally speaking, personnel departments and establishment sections have tried to maintain the law so that not alone is justice done but is seen to be done. This is the important thing. Justice was not seen to be done under the existing system. Appointments were made on a political basis; it was not on the basis of the best man for the job, although in some cases this may have happened. It appeared to be political jobbery. This was a reflection on the whole staff of the local authorities. People got tired of this and it has been mentioned in the passage of this Bill through the Dáil and today in the Seanad. I welcome this Bill and I hope the Parliamentary Secretary will take into account some of the suggestions I made on the regulations. In areas where the local interview board system is in operation it has proved to be reasonably satisfactory. We cannot be entirely satisfied with appointments made under any system. We must aim to make it as near perfect as possible. Local interview boards are held in higher repute than the Local Appointments Commission. This may be because one is more aware of the local set-up. The local interview board system operating under the regulations existing at the moment which are issued from the Custom House is perhaps the best one.

I rise to speak on this matter as one who has had 38 years' experience as a member of a local authority, and having been a member of a local authority for a two-year period before the Managerial Act came into force in 1940. I have seen the method under which rate collectors were appointed. I welcome the Bill. It did lend itself to a certain amount of unfounded abuse of members of the local authority from time to time. Let us consider how rate collectors have been appointed up to now. One would think from listening to the debate that a political party went out into a field and lifted up some member of that part who had a majority in the local authority and offered him the appointment. That is far from the truth. The procedure was that the job was advertised, the applicants were interviewed by the county manager and they had to have a certain educational standard before they were recommended to the county council. The county council then voted on them. Naturally in a county council where Fianna Fáil members had the majority the supporter of that party got the job. The same position applied to Fine Gael. I can see no crime in that. Generally speaking the people appointed proved to be satisfactory.

In the county council of which I happen to be chairman Fine Gael hold the majority. At our last meeting a proposal was put forward and seconded by both members of the Fianna Fáil Party that we request the Minister for Local Government to hand an appointment to the Local Appointments Commission. This was agreed unanimously without any amendment being made.

One could pick a few holes in the Parliamentary Secretary's speech. He stated that:

The majority of selections to local authority offices are made in this way that is by the local authority itself. Examples of offices which are filled in this way are clerk-typists, library assistants, clerical officers, staff officers, rent collectors, storekeepers, clerks of works, rate inspectors, rent inspectors, draughtsmen and of course rate collectors— other than county rate collectors.

One section omitted from that list is home assistance officers who are usually appointed by the county manager. Some councils have handed over that function to the health board but in my county we still hold it.

This is a matter for a different Department. It is now dealt with by the Department of Health.

Not necessarily. The local authority have the option to keep them. The home assistance superintendent in my county is ill at the moment. When an assistant had to be appointed there was nobody available from the staff already recruited by this system that is being recommended to us. They had to get somebody from outside. If the rate inspector fell ill one of the rate collectors would be quite capable of filling his job. One must be wary of appointments made in this manner. I should now like to quote again from the Parliamentary Secretary's speech where he stated:

An exception to both of these two systems I have mentioned was made in the case of the county rate collectors.

The reasons for this exception are not now clear but the arguments against the system are well known— a system of appointment made by vote of elected members of local councils does not readily lend itself to the detailed procedures and controls which ensure that selection is made on merit alone.

I am not convinced of this. In 1940 when this power was left with the local authority the Government party of today controlled 90 per cent of the local authorities. They do not enjoy that position at the moment. I believe that is the reason for the change. Perhaps I am wrong. May I quote a further part of the Parliamentary Secretary's speech which stated:

As the law now stands members of local authorities must operate this system as best they can. While many allegations have been made in the Press from time to time regarding these appointments I think it fair to say that the fault lies in the system and not with the individual councillors.

If the fault lies with the system surely it will still lie with the system. The county manager will carry the blame now instead of the members of the county council. Under this Bill he will set up an interview board for applicants. From my own experience as a member of a local authority let me say how hard it is to convince people who have not got through the appointments board set up, that there was fair play.

I quote further:

The aim of the Bill is to change the system and to relieve councillors of their involvement in individual staff appointments...

I am an employer but must I apologise to anyone for appointing staff? Must I get my bank manager—with whom I have an overdraft—to appoint staff for me? I do not think the reasons given are convincing. The Parliamentary Secretary continued:

...all appointments will be made by open competition and a circular letter will be issued to local authorities on this matter as soon as possible.

For the information of the House that circular letter has already been received by my council and was read at our last meeting. One of the members objected to it saying that it had not been passed by this House and should not be accepted.

My last comment refers to this statement by the Parliamentary Secretary:

Everybody will agree that appointments to public office should be made strictly on the basis of merit.

I agree with this view. I do not wish to cast aspersions on anyone, but are judges not appointed by a vote of the Cabinet? Is it then a crime for county councillors to vote for rate collectors? I do not think so. There are other forms of appointment which could be questioned, for instance, the appointment of people to Telefís Éireann. They are probably appointed by a vote of the Cabinet also. If it is correct for one section of the community it should be correct for others.

I am somewhat surprised by the attitude of Senators Reynolds and Boland. I thought they would have welcomed this Bill as a step in the right direction. If I interpret Senator Reynolds' remarks correctly he says that one should appoint his own staff.

If instead of the present Bill, another Bill was introduced proposing that the Government should individually appoint every civil servant in the country, there would have been an outcry from these Fine Gael Senators. It would be just as logical for the members of the Government to appoint every civil servant as for these Senators to suggest that this system of appointing rate collectors should continue on the grounds that members of a local authority should appoint their own staff.

Like many Members of this House, I have over the years been involved in the appointment of rate collectors. The evening the Minister made his announcement I was sitting in the back of a car listening to the news and my delight was so great that I clapped the person in front of me on the back. I hope the Parliamentary Secretary has recovered. It was particularly delightful news for me because I was faced, along with the other councillors, with the appointment of two collectors at that time.

Senator Reynolds said that candidates canvass. If Fianna Fáil had the majority one of their supporters would be elected and the same procedure would follow for Fine Gael. I never had any objection to a Fianna Fáil candidate canvassing me for an appointment. What I objected to was 15 Fianna Fáil candidates canvassing me for the appointment. It then became a very unpleasant and difficult task for me as a councillor. Apart from that, the successful applicant had to go through the humiliating experience of touring the county appealing for this appointment. If successful, he felt under an obligation to councillors for the rest of his life. It is a procedure in which a change is both necessary and desirable.

Senator Boland said the regulations should be published before we take the Committee Stage. When the Parliamentary Secretary offered to read them for him, he said if they were satisfactory to everyone, the passage of the Bill would be assured. The only place in which regulations are satisfactory to everyone is in Heaven but perhaps if we ever get there we may find them unsatisfactory to somebody. It is practically impossible to draw up regulations which will be satisfactory to everyone.

In the past I have voted against proposals to abolish the appointment of rate collectors on the grounds that there was a danger of some young person with the leaving certificate getting the appointment. Then, when he had improved his position, he would resign and take up another appointment. There is the danger that there could be five or six vacancies at the one time in any county. I have asked the Parliamentary Secretary to consider that point before Committee Stage. I understand that, under the terms of the present Bill, a county manager would be obliged to advertise a post nationally so that an applicant from any part of Ireland may apply. If this is so, it is a pity. The appointment should be confined to people resident in the county in which the vacancy occurs. If a Cork person is successful in an appointment in Donegal, he will naturally try to get employment in his own county as soon as possible. Therefore, the grave danger would exist of there being too many resignations and vacancies at the one time.

In conclusion, the one point I should like to make is in reference to the use of the Local Appointments Commission in filling these posts. It was referred to by Senator Reynolds and from the Dáil debate it is clear that it was in the minds of many people. Anyone who has any experience of the Local Appointments Commission will be entirely opposed to this. Members of local authorities and particularly members of health boards are only too well aware that it takes the Local Appointments Commission up to 12 months to fill vacancies at the present time. I, personally, have experience of appointments with the Local Appointments Commission for over nine months. It would be disastrous for the Minister to hand this appointment over to them. The method of appointment which he proposes is one which has been in operation for urban rate collectors since the County Management Act. It has been found satisfactory and so, too, will this one when the teething troubles are over.

I wonder if the House could now determine whether we should complete the business tonight. I understand there are several speakers remaining who wish to contribute to this debate.

Would they indicate who they are and where they come from?

I shall speak for about ten minutes.

You wanted the Committee Stage of these two Bills today. On the understanding that we were going to get all Stages of the County Management Bill today we agreed to the Marriages Bill procedure two weeks ago. Now it appears that we will be here until tomorrow. This is Christmas week. If the Seanad wishes to meet tomorrow it can be arranged but I wish to point out that the Opposition are not playing the game.

The fact that one wishes to contribute is no indication that one is trying to make a game of it. We all have a right to speak.

I have not contributed at all on the legislation debated here today. This piece of legislation affects my area and I should like to make a contribution.

I was pointing out that as far as arrangements were made——

It is a matter for decision by the House.

Debate adjourned.
The Seanad adjourned at 10.05 p.m. until 10.30 a.m. on Wednesday, 20th December, 1972.
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