asked the Minister for Posts and Telegraphs if he is aware that James Hynes, Austin Friars, Mullingar, an efficient employee of the Post Office staff, has received notification that he is dismissed from the Post Office Service, and is not eligible for any Civil Service appointment; if he will state whether this man's case was considered by the Commission appointed to investigate such cases, and, if so, if his previous record of excellent service during the struggle with the British was considered, and if not, whether he will be given another opportunity of having his case reconsidered with a view to reinstatement as he is a married man with a large family.
CEISTEANNA—QUESTIONS. [ORAL ANSWERS.] - DISMISSED MULLINGAR POSTAL OFFICIAL.
Mr. Hynes has been dismissed from the Post Office Service by the Order of the Executive Council, following the investigation of his case by the Advisory Committee on Arrested or Interned Employees paid out of public funds. This matter is outside the jurisdiction of the Post Office Department.
Will the Minister state what the charge is against this man?
A question of order arises. The Minister says that an employé of the Minister for Posts and Telegraphs was dismissed on the order of the Executive Council. I would ask whether that is superseding the rights of a Minister responsible directly to the Dáil?
I have stated the position, and it is for the House to put the matter right, if there is anything wrong.
Can the Minister state what the charge against the man was, and why he was dismissed?
For participation in the Irregular campaign.
This is a question of the tenure of civil servants. Civil servants hold office from the Executive Council, all civil servants being in the same position, whether employed in Departments controlled by an Extern Minister or by a Minister of the Executive Council. Is that not the case, Mr. President?
That is correct.
It seems to me to raise a very delicate question, if a Minister appointed by the Dáil to control the administration of the Postal Service is ordered by the Executive Council to dismiss an employé. That seems to me to raise a very grave question of privilege.
Mr. O'CONNELL
Equally, I take it, the Minister could not get rid of an unsuitable man if the Executive Council did not allow him to do so?
That is not correct. This particular discrimination only applies to participants in the recent civil strife.
That is quite a separate matter. The question of the circumstances do not arise, but the question of the power and authority of the Minister does arise. It seems to me to contravene the contention of the Constitution in relation to Extern Ministers if the Executive Council can order a Minister directly responsible to the Dáil for the administration of a particular service to dismiss one of its servants. Equally, they could over-ride his authority in regard to the retention of a servant.
In this case, the Executive Council ordered the dismissal of this man from the service, and the Executive Council has got that authority. Any abuse of that authority can be raised in the House, just as any question of the liberty of any particular person in the State is also, to a certain extent, a matter for the discretion of the Executive Council, and whatever Minister is in charge of the police or soldiers or other force. That is the power that is there. It is not abused. It has not been abused. There is no intention to abuse it. In this case, the Executive Council would have failed in its duty if it did not order the dismissal of this particular official.
The question that the Minister is answering is not the question that I raised. The question I raised has nothing to do with the merits of this case—whether the Minister for Posts and Telegraphs, a Minister appointed by the Dáil and responsible for the administration of his Department directly to the Dáil, should be interfered with in the administration of that Department by order of the Executive Council. I say that is a distinct breach of the privileges of the Dáil.
A Minister has got to take whatever officials come into the service of the Department, over which he exercises control, from the Civil Service. He cannot, of his own volition, employ those persons. He must take them from the Civil Service.
This question cannot be decided now. It is a question of the tenure under which Civil Servants hold office. Civil Servants, it would appear, hold office from the Executive Council, and are dismissable by the Executive Council. The question of the position of an Extern Minister, in that respect will, perhaps, have to be considered another time.
Will this man be entitled to superannuation or pension under Article X. of the Treaty.
No, sir, he will not.