Amendments Nos. 50 and 52 are related and may be discussed together. Is that agreed? Agreed.
SECTION 38.
I move amendment No. 50:
In page 24, subsection (1), line 45, to delete "shall" and substitute "may".
These amendments relate to the transfer of staff of Dún Laoghaire-Rathdown County Council who are engaged in fire service duties in Dublin Corporation on the coming into operation of an agreement under which the corporation will provide a fire service on behalf of that council. This would give a unified fire service for the Dublin area provided by Dublin Corporation.
The effect of amendment No. 50 to subsection (1) is to remove the mandatory requirement for the Dublin city manager and the Dún Laoghaire-Rathdown county manager to designate for transfer to Dublin Corporation the members of Dún Laoghaire-Rathdown fire service. It is important to note that it is only the mandatory nature of the obligation which is being removed. With the amendment, the managers will continue to be able to designate those officers and employees if they consider it appropriate. It is desirable, given the staff negotiations which will arise, that this provision is not seen as unduly rigid and inflexible.
Amendment No. 52 to subsection (2) is a technical one and follows directly from amendment No. 50 to subsection (1) to bring the wording of subsection (2) into line with that of subsection (1).
Amendment agreed to.
I move amendment No. 51:
In page 24, subsection (1), to delete lines 46 and 47 and substitute the following:
"order for transfer to the service of the corporation officers and employees of the county council whose principal duties relate to functions which are the subject of such agreement.".
This amendment, like amendments Nos. 50 and 52, relates to the transfer of certain staff from Dún Laoghaire-Rathdown County Council to Dublin Corporation. Section 38 is designed to provide for the amalgamation of the Dublin Corporation and Dún Laoghaire-Rathdown County Councils fire services and the transfer to the corporation of those officers and employees engaged in the Dún Laoghaire_Rathdown fire service. This amendment is included to make clear that the scope of subsection (1), which enables the managers to designate staff for transfer to the corporation, is limited to those staff whose principal duties relate to functions which are the subject of the transfer agreement between the corporation and the county council, that is fire authority functions.
Amendment agreed to.
I move amendment No. 52:
In page 24, subsection (2), line 48, to delete "shall" and substitute "may'
Amendment agreed to.
Section 38, as amended, agreed to.