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Dáil Éireann díospóireacht -
Friday, 8 Jun 1928

Vol. 24 No. 3

PUBLIC BUSINESS. - LOCAL AUTHORITIES (OFFICERS AND EMPLOYEES) BILL, 1928—SECOND STAGE (RESUMED).

As I was saying when the debate was adjourned, I am fully convinced of the value, and even of the necessity, of the principal Act. I have never denied at any time that the principle which that gave effect to was first promulgated by the late Arthur Griffith. Quite a presentable case might be made out against it, but it is not a case that I should expect to see getting much support from Deputies on the opposite side, any more than from Deputies on the Labour Benches. For that reason, I was rather surprised at some of the speeches that were delivered. It was not with feelings of great gratification and satisfaction that I was responsible for any curtailment of the powers of the best elements of our local bodies, and I might even go so far as to say that up to a certain point I do not regard the exercise of patronage by these local bodies as altogether an unmixed evil. After all, it is not for nothing that people are elected to positions of influence and authority in their own counties, and, other things being equal, I am prepared to admit that those people who, for one reason or another—because of long residence in or long association with a district, because of the extent of their holdings, because of their ability as administrators, or even because of the number and the influence of their friends and supporters—are elected to posts of honour and responsibility, are entitled to special consideration. I am even prepared to go further and to admit that the larger and more influential ratepayers, the men who are generally elected and who command considerable influence in their respective counties, the people who bear the brunt of local taxation, are entitled to consideration. They might have an equitable claim to some quid pro quo, if you will, in the shape of patronage, particularly in these days when the whole trend of Government in most European countries is in the direction of piling service upon top of service. The main essential qualification for receiving the benefit is that you should contribute little or nothing towards their upkeep. As I say, that is not a consideration I would expect to see getting very much support from the opposite Benches. It was one that weighed heavily on me before I took the responsibility of introducing the Principal Act. Having weighed up the pros and cons, it seemed to me that this overwhelming argument stands out, that our concern here as public representatives primarily is not to consider what is in the interests of the rich man's son, or of the poor man's son, or of the scion of a long-tailed family, or the parvenu, but rather to concern ourselves in providing the best possible service for the general public, for the ratepayers, large and small. Judged from that particular standpoint the original Act, in my opinion, left very little to be desired.

It proved in practice and in theory to be sound. There has been criticism of the Act; there have been objections made to the Act, and to the working of it, but I have never seen any of these objections substantiated. I would be glad if any Deputies who know of such were able to bring forward cases to substantiate the objections. Section 7 of the new Bill which is the kernel of it will, I am convinced, leave matters worse than they were before the present Act was passed. There are exceptions in local authorities but, speaking generally and frankly, we have to admit that before the principal Act was passed we had a condition of affairs in the country, with regard to local appointments, which might broadly be described as nepotism, with occasional instances of corruption. If this Bill becomes an Act I believe it will introduce a state of affairs which might more appropriately be described as corruption, with occasional instances of nepotism.

I have no sympathy with the point of view that our local bodies are hot-beds of corruption. In fact, my whole experience in local government is to the contrary, but most flocks have their black sheep, and it was the weakness of the old system that the good influence of the other members was nullified by the black sheep, even though it was only one black sheep. Like the chain which is only as strong as its weakest link, the integrity of a council is only as reliable as that of the weakest member. Section 7 of this Bill is, on first reading, somewhat obscure, but we should not allow ourselves to be deceived. I do not say it was intentional but, at all events, I may say that it was camouflage, as that section drives a coach-and-four through the principal Act. It does not matter how it will look in theory. In practice it will mean that in every case three names will have to be submitted to the local authority, because, on account of the prestige and "amour propre" of members of local bodies they will insist on getting their full pound of flesh under this Bill. They will insist in every case of having three names sent down. Undoubtedly under the Bill these three candidates must be qualified but whereas No. 1 may be 90 per cent. efficient, No. 2 70 per cent., and No. 3 30 per cent., if No. 3 happens to be a local man with local influence, No. 3 will, in the majority of cases be elected. We know that from experience under the old system. That is not the worst side of it. If on the other hand, none of the three men happens to be local, or to have local influence, we may take it that some influential or important councillors or representatives who, in the ordinary way, dominate these elections, will take very little interest in them.

They will be apathetic. In these circumstances, the pivotal man in the council is going to become the black sheep if there is such a man in that council, and we know that there are some of them left still—the man who is prepared to sell to the highest bidder, who knows how to pull the wires and get at other councillors. If he knows his job, and a great many of them do know their job very well, he will, in the great majority of cases, get his candidate elected, because most of the other councillors will vote for the candidate on whose behalf they are canvassed first. In those cases the highest bidder, generally, is not going to be the candidate with the highest qualifications. The candidate with the highest qualifications will stand on his record and refuse to stoop to the methods that the man with the weaker qualifications will resort to. The latter is the man who, as a general rule, will be prepared to move heaven and earth to get elected by hook or by crook. It is that sort of candidate that you will often have elected. I believe that, if the system proposed under this Bill were to come into operation, it would be thoroughly bad from every point of view. It would be bad from the point of view of the local bodies because it would put a premium on the worst form of canvassing, on a waste of time and on corruption. It would be bad, too, from the point of view of the candidates themselves, because it would create a situation in the future, such as we had in the past, which would make it impossible, or at all events difficult, to get the best qualified candidates to go forward. They would refuse to run the risk of being defeated by men with inferior qualifications. What would happen is that these highly qualified men would do what they did formerly, emigrate to foreign countries where their abilities would be likely to be better appreciated. The pity of the whole thing is that under this Bill you would revive the bad old tradition of the past of having inferior men coming forward and getting elected to local positions. From the point of view of the long suffering general public, the effect of the passing of this Bill would be that the public, instead of getting the best possible service, will very often get the worst from men with mere theoretical and, often-times, only mere technical qualifications.

As I stated earlier, the principal Act when it was introduced was not altogether a popular measure. I make bold to say that if I were asked which of the Acts passed during my term as Minister for Local Government and Public Health I was prepared to let my whole political career stand or fall by, I would unhesitatingly say the Local Authorities (Officers and Employees) Act, 1926. I say that in spite of the fact that when it was going through the Dáil, owing to the urgency with which it was required and for other reasons, it was necessary to agree to the amendment of several sections of it which I might have preferred to have left as they were. There were many minor points raised on this Bill before the House which I do not intend to go into because I think they have already been dealt with by some previous speakers. As well as that, I consider that the whole issue is bound up in this particular section. If this section is carried, then I say that the whole policy of having Appointments' Commissioners should be done away with and that we should revert again to the old system rather than have this half-baked measure which will please nobody and which, I am thoroughly convinced, will do more harm than good.

There appears to be a good deal of confusion in the minds of Deputies on the opposite Benches as to the real purpose of this Bill. I am not so sure that that confusion is real.

It is there.

I am not so sure that it is not meant to confuse the minds of the supporters of the Government Party both in this House and outside of it. One of the main features of this Bill is, that when a local authority desires more than one name to be sent down by the examining body, then more than one name will be sent down, but if the local authority desires only one name, then only one name will be sent. The point appears to be lost sight of that no name will be sent down to the local authority if this Bill becomes law except the name of a person fully qualified to fill the position that is vacant. It is quite evident that if the local bodies, as we are asked to believe, are so anxious to avoid canvassing, then under this Bill public bodies anxious to avoid canvassing can do so by asking the examining body to send down only the name of one candidate for a particular position. The position taken up by the Government Party is that members of public bodies are so corrupt that they cannot be trusted to make public appointments. That is a rather extraordinary position to take when we consider the extremes to which Ministers and Deputies go at the time of a general election to secure the support of local representatives and to get them on their election platforms. In view of that, it is rather difficult to come to the conclusion that they are really sincere and honest in all this talk about the corruption of public representatives. I know a fair share about public administration and about the public life of the country, and I say quite deliberately that the corruption—there may be, and probably is, in isolated cases corruption in public bodies— practised by public bodies down the country is put in the shade by the corruption that is practised at headquarters. The big difference is that when there is a case of corruption down the country it is exposed and the public get to know about it, but the corruption that is practised at headquarters does not get the same light of publicity on it.

Might I ask if the Deputy is one of the large number of persons, referred to on several occasions by Deputy de Valera in his speech, who is going to give all the details of this corruption?

The Minister for Local Government wants details.

No. We were promised by Deputy de Valera on three distinct occasions in his speech that certain of the Deputies on the far side would give details of this particular corruption.

Read exactly from any report what I did say.

Yes. Deputy de Valera said: "I am not going into any details as to whether there is any justification for that or not——"

"The talk about corruption which formerly was fairly frequent with respect to the local bodies is now turned on to the Local Appointments Commission. I am not going to go into details as to whether there is any justification for that or not. Other Deputies will be speaking and will probably refer to certain appointments. As far as I am concerned I am dealing with this thing on general lines." That is from column 2548 of the Dáil Debates of the 1st June.

Will the Minister say how the conclusion can be drawn from that that members of our Party were going to give details and examples of corruption?

If the position is that Deputy de Valera did not mean that Deputies were going to give details of those cases of alleged corruption I am quite satisfied, but certainly through the whole of his speech there was a suggestion of corruption, and his remarks with regard to the people who were going to speak suggested there were people who would give details. In the speeches the Deputy made there were suggestions which left the impression on our minds that while he was speaking of corruption on general terms other speakers would follow who would probably give details of the corruption.

What is the meaning of the word "probably"?

The Minister ought to be allowed to continue his speech.

If the Deputy wants to know the meaning of the word there are dictionaries in the library. If Deputies want to run away from the suggestions in their speeches let them run away, but let us be clear as to whether we are to get details of the corruption concerning the Local Appointments Commissioners.

The person who is running away is the Minister. He should read the reports of what I said. As I stated, I spoke in general terms of the dissatisfaction of various kinds, and included amongst the dissatisfaction to which I referred were favouritism and corruption. I said that other speakers who would be speaking later would probably refer in detail to these things. It is quite possible members of our Party will give cases of local dissatisfaction with appointments.

But what about corruption? For the benefit of Deputies I refer them in addition to columns 2554 and 2555 of Deputy de Valera's speech on the 1st of June.

The Minister having made a definite charge should read the extracts.

This diversion seems to have been caused by the anxiety of the Minister to know what I was going to say before I said it.

No, but using the word corruption without backing it up with any details.

The Deputy must be allowed to speak without interruption from any side.

If the Minister has patience he will hear in due course all I have to say on this subject of the Appointments Commissioners. I grant at once that a man sometimes finds himself on a public body who is subject to various forms of persuasion under certain circumstances, but such men are few in the public life of the country, and when the time comes that these people have to face the electors again and stand upon their record of service and the purity of the administration they have carried out, the electors, as a general rule, exercise very excellent judgment in such cases, and men who are not of a reasonably high moral standard are not able to retain their positions on those public bodies. When we hear Ministers talk about corruption, and that sort of thing, they must think we go around with our eyes closed. Was not a circular sent out on behalf of the Minister for Finance in my constituency in the last election threatening that there would be no old age pensions given if Fianna Fáil candidates were eleted to this House?

Or Labour either.

That, too, is a general statement.

Is it not a fact that Army pensions were distributed at the time of the election wholesale by the Cumann na nGaedheal Party? If you want yourselves compared with the elected representatives of the people who carry on the local government of the country, if you challenge them, then you must be prepared to listen to a comparison and to hear the things that can be said about yourselves. When Deputies talk of methods that were adopted in certain districts to secure public appointments some considerable number of years back, they appear to forget that local administration has undergone very considerable changes in recent years. Formerly, we had boards of guardians in every union area and rural district councils. Judged by the speech made by Deputy Hennessy in this House, the boards of guardians appear to have been the chief culprits in this matter of corruption.

These boards of guardians, these large unwieldy bodies, have disappeared. The rural councils have disappeared and the administration of the public health services is almost entirely carried out by boards of health and urban councils, at the present time. Replacing some hundreds of public representatives we have now ten members selected by the county council, ten of the picked administrators in the county. I do not know how it can be seriously contended that these ten picked administrators in any county elected on a limited franchise cannot be trusted to fill a public appointment when it is borne in mind, as I said earlier, that under this Bill no name will go before these people unless the name of a person who is fully qualified to fill the position which is about to be filled. When President Cosgrave was speaking on this Bill he expressed great anxiety about the position of the poor man's son if this Bill became law. He said in the debate here on Wednesday: "What about the poor man's son who had no influence if there be not some premium for talent and capacity to fill these positions. The Deputy responsible for the Bill has not explained how a poor man's son would secure an appointment on merit alone." It appears to me that if the original Act is not amended by a Bill such as this, the poor man will not take the risks of spending his life's earnings in endeavouring to give a profession to his son or daughter. Deputy Hennessy supplied the reason in the debate here on this Bill. Deputy Hennessy told us that as a result of the original Act the men are coming forward to fill those positions, and the men who are being placed in those positions by the Appointments Commissioners were men who had taken out post graduate courses and had got high degrees as a result of those post graduate studies.

That is all the better for the poor.

I submit, dealing with the arguments about the poor man's son, that when a poor man has spent his life's hard earnings, and perhaps more than his life's earnings, on a seven-years' university course, giving a profession to his son, that the son ought to be in the position then to fill an appointment in the public service and that that poor man cannot afford, after his son has obtained his degree, to spend money and time on a postgraduate course that, according to Deputy Dr. Hennessy, is to be necessary in the future if he is to fill any such position. Deputy Hennessy informs us that the poor will gain as a result of this. Do we take it from Deputy Hennessy that the medical officers who have been appointed before that Act came into operation—the dispensary service—are at the present time the scum of the medical profession?

I never said so.

Right. If the poor are to gain so very much by the new system, surely an injustice must have been inflicted, and an inferior class of medical practitioners must have been inflicted on the poor in the past.

It applies to solicitors also.

And Ministers.

I have never heard anything from Deputy Hennessy, speaking on behalf of the medical profession, but the highest praise. He always had the highest praise for dispensary medical men and dispensary medical service.

But not for the system.

For the men appointed and for the men in the service.

Medico-politically.

Hic oraculi responso.

Quis custodiet ipsos custodes?

Is this language in order?

It is not official language, anyway.

Who will watch the watchers?

I do not like to interfere; Deputy Boland is rather hard to interpret, but I am sure, nevertheless, I can give an answer to him.

Every sensible Deputy in this House—and there are sensible Deputies, and I am not looking in the opposite direction—there is no Deputy who does not know this, and I think Deputy Hennessy knows it better than any other Deputy in this House—that very often the most successful medical practitioner, and the practitioner who is dearest to the hearts of the poor, has not had any distinctions in his scholastic career at all. Does he not know equally that many times a man is sent down the country to a dispensary district with the highest qualifications on paper, and that he is an absolute fiasco as a practitioner?

Is the Deputy raising the banner of "Down with scholastic distinctions"?

I did not catch the Minister's remark. Is it worth catching?

That is hard on the universities.

There are Deputies on these Benches who are more entitled to speak about university degrees than Deputy Hennessy, because they are university graduates.

Argumentum ad hominem.

Deputy Flinn will have to conduct himself.

It appears to me that a little human kindness and a little intimate knowledge of the conditions in which the poor are living, and the domestic conditions under which they exist, are more important qualifications than any degree or diploma that a medical man may hold. There is another qualification that Deputy Hennessy did not refer to. It is an important qualification, an especially important qualification in the matter of local appointments, and that is the moral code of the man appointed. To my mind, that is in medical appointments especially the most important consideration, and I submit to this House in all seriousness that it is only the local people who are in a proper position to judge of that particular point, inasmuch as they are the persons who are personally familiar with the history of the candidate and his family, and have a knowledge of these matters, which the Appointments Commissioners have not. Deputy Hennessy suggests here that the people are delighted with the results they have got under the new system of appointments. He suggested they are delighted with the new medical officers that have been appointed under the original Act. I am afraid that Deputy Hennessy is not well informed on this subject; though he appeared to be reasonably well briefed, I do not think that he is well informed. We had the case recently of the appointment of a dispensary medical officer in the district of Scotstown. A local man, a native of the county, had been for four or five months, I think, acting as temporary medical officer of that district——

Is this a case of corruption?

The Minister will hear the case if he has patience and manners enough to listen. As I said, this man was for four or five months practising and doing the duty temporarily in this particular dispensary. He had given absolute and entire satisfaction to the people of the district. Evidence of that satisfaction was submitted to the Board of Health in the form of a very extensively signed memorial requesting the Board of Health and the Department of Local Government and Public Health to retain this man's services. I have no fault at all to find with the man who was sent there. But I am not aware that he had any special qualifications unless the fact that during all the years of the national struggle when this other man's family brought themselves down financially in the world owing to their national services, this man all this time conducted his practice in England and that he came back from England to fill this appointment over the other man. Unless that was a qualification, I do not know what it was. I know that the Minister for Finance was pressed by his constituents to give an explanation——

May I suggest to the Deputy that it is very unfair to criticise in this House a medical man when it is out of the power of this medical man to reply to him?

The Deputy is criticising the Local Appointments Commissioners.

Deputy Hennessy in his anxiety——

I may inform the Deputy that I have no anxiety in the matter—only decency.

Deputy Hennessy is uneasy, and anxious—because of the foolish statement he made in this House a few days ago—to interrupt now when he is being replied to. Deputy Hennessy has been in such an agitated state of mind that he has failed to grasp the fact that I have not said a solitary word against the man appointed. I have no doubt but he is a good practitioner. I have not a solitary thing to say against him, but it cannot be defended that here you have a man brought back from England after ten years' service there and the local man is sent to the emigrant ship. If this man had higher qualifications there might be arguments in favour of it. I know he is a very decent man and a man for whom I have great respect.

The Deputy is now making a small amend.

Do not bother about what I should do. I can make up my own mind about what I should do and make no mistake about it I shall do it. The Minister for Finance was pressed by some of his constituents to give an explanation as to why this appointment was made and the Minister explained that this doctor was appointed to this particular district because he was a native Irish speaker. There is not a solitary native Irish speaker in the district to which this man has been sent, and when we consider the action of the Minister for Finance regarding your appointment, A Leas-Chinn Chomhairle, to the important position you now fill, you who have not a word of Irish in your head, we see the substance of the arguments about this man being appointed to a district where there is not a solitary Irish speaker—appointed because he was a native Irish speaker.

Recently we had a further dispensary appointment in the County Monaghan. I understand the man appointed to that position had been able to take up one of those post-graduate courses that Deputy Hennessy told us about and that he had degrees that the local candidate did not have. But I do say this that the other candidate has taken his degrees in medicine, surgery and midwifery and he had been four years practising in the town. That town with a couple of thousand of a population has four doctors in it already. I do say that it is not good administration to send down another doctor to that area because some one or two of them must go to the wall.

Deputy Hennessy apparently never heard of the dispensary appointment known as Kilskyre. He said here in this House that apparently there was no public feeling against this Act as it operates. I have before me here a letter from the Very Rev. Denis Flynn, P.P., V.G., Kells, County Meath, regarding this appointment and perhaps it would be instructive to Deputy Hennessy and to the other Deputies if the substance of that letter were made known.

We have got it already.

It appears to have made no impression. Coming from me, the Deputy may perhaps pay more attention to it than when he got this letter through the post. The letter reads:—

Sir,

Now that the Dáil has reassembled, many of us are looking forward to a critical review of the method of procedure of the body popularly known as the Appointments Commissioners, as well as of the system under which they are supposed to make their selections. In the event of such a discussion one would like to see reasonable criticism, where such is called for, and it would be a matter to be regretted if every petty grievance—oftentimes, perhaps, only an imaginary one— were to be made an occasion of a sweeping condemnation. As one thoroughly conversant with the circumstances of a particular appointment, and that a quite recent one, I claim the privilege of expressing my views, and I ask a little space in your columns to allow me to do so. I refer to the appointment of M.O. to the Kilskyre District Dispensary.

Let me say, at once, that in any remarks I feel called on to make, I have not the slightest intention of reflecting on the professional skill or personality of Dr. O'Brien Kennedy, and if any words of mine are so construed, I desire, in anticipation, to disassociate myself from such an interpretation. Least of all, would I be foolish enough to close my eyes to the signal services that have been rendered, and that are being rendered by medical men of every persuasion, in the cause of suffering humanity. Long may such a state of things continue. All this, notwithstanding, I consider it a duty in the interests of the public good, and in particular in the interests of those who may any day find themselves in a similar situation, to give the circumstances of the Kilskyre case as much publicity as possible that the people may be forewarned as to what they may expect from those who, for the moment, occupy the Chair of Cæsar, should the occupants be permitted to continue, unchecked, in flouting the reasonable and most sacred wishes of those so intimately concerned.

Kilskyre is a completely rural district, extending over many miles, with its plains, its hillsides and its bogs. For a district in Meath it is comparatively thickly populated, at least in parts, and without vouching for mathematical accuracy, I would say that upwards of 99 per cent. of its dispensary people—many amongst them the poorest of the poor—belong to the Catholic faith. Will it be believed that whilst there were amongst the aspirants to the position at least one Catholic—and there may have been many for aught I know—and this one a doctor who has laboured for three years among the very poor for whom the appointment has been made, and with such striking success that it is only half the truth to say that they have clamoured with singular unanimity for her permanent appointment; will it, I say, be believed that in the face of all these circumstances a stranger has been appointed and, most disappointing of all, one who, by common repute at all events, belongs to another creed? The matter was not finished in the dark, for long before the day when, under threats of pains and penalties, and representatives of the people were stampeded into giving an unwilling sanction, I have the best of reasons for knowing that the vital circumstance was, to use the exact words of a distingushed intermediary, "placed before the proper authorities."

Apparently the consideration was of trivial or of no account. May I ask if it be of no account, in view of the fact that in the lonely hovel, on the hillside, or in the bog, in cases of premature parturition, in cases of difficult parturition, in cases of weakly births, it is so often the Catholic doctor who does the good Samaritan, and administers the Sacrament of Baptism in the trying circumstances. We priests are obliged to instruct our people on the absolute necessity of Baptism, on the method of administering it in cases of urgency, and we are especially warned to inform such most likely ministers of the stages of parturition at which it may or should be administered, of the method of doing so, of the form to be used in cases of doubt, and of such other circumstances as may suggest themselves in the concrete. Our poor people know all this, and just because they know it they have the greatest consolation and the securest guarantee in their hour of trial that when all other hope fails they have about them one of their own creed, who, just because of his professional coolness and his instruction in Catholic principles, will administer the Sacrament in accordance with the minds of the Church to which they and he belong. I need not refer to kindred considerations nor develop this one further—who runs may read.

The poor have few friends, and one would have thought that their own Government, or the Executive of the Government, built up so largely by the sacrifices of their blood and substance, would be the last to inflict such a wanton outrage on their most cherished feelings. Had the thing happened under an alien Government there would have been a cry of execreation throughout the length and breadth of the land, and the most dependent of the community may well ask themselves to-day, is their last state worse than the first?

The happening is, in my judgment, a foul blot on the system, or on its Ministers, or on both. There may have been a necessity for such a body as the Appointments Commissioners; of this I do not profess to be a judge. Jobbery and corruption have, I understand, been alleged. After fairly long experience, I have not come across it to any appreciable extent, but, even if it were so, better jobbery twenty times over than the concrete, autocratic expression of the principle that the creed of the "red-ticket" doctor who is called to attend the poor, in circumstances such as I have alluded to, is a matter of no concern.

The Government is responsible for the acts of its Executive, and they cannot escape from it even if they would. Why, then, do such things happen? Is it that they have eyes to see and will not see; or have those once clear and virile minds become enslaved in the intensive cult of toleration? I cannot answer these questions, but they are very much in the air.

Kilskyre is quite an obscure place as places go. You will probably not find it on the ordinary map, but I venture to say that in the not distant future it will gain an uncomfortable notoriety which it has not hitherto enjoyed.—D. FLYNN, P.P., V.G.

That, I think, is fairly conclusive evidence that the appointments that are being made by this body are not just as popular as Deputy Dr. Hennessy would ask this House to believe. Arising out of the same appointment, there was a resolution passed by the Meath County Council. I am sure the terms of that resolution have been before the Local Government Department. It is an exceedingly long one, and I suppose we can leave it at that. Deputy Dr. Hennessy probably knows all about it, having been the principal spokesman regarding the popularity of the original Act. It is for his conversion I produce this document. If he wants to see a copy of the "Meath Chronicle" containing a report of the debate at the Meath County Council I will oblige him later. Deputy Dr. Hennessy, in the course of this debate, said: "The one thing that surprised me about this Bill is that the Chancellor of the National University should sponsor it, and the fact that he sponsors it is not consistent with his being an efficient Chancellor. If this Bill is passed into law it will be a very serious thing for the graduates of the National University." I need not comment further on the Deputy's bad taste, but I would remind him that there are four medical graduates of the National University on these Benches, and these four medical graduates have a better right to speak on behalf of the medical graduates of the National University than he has.

Might I make an explanation? I deny the Deputy's right, because I have got more employment for medical graduates of that University in England than he has, and if he had the least interest in them he would not introduce to-day a religious test which will react unfavourably against his colleagues in England.

I suggest to Deputy Dr. Hennessy to take up the matter of a religious test with the Very Rev. Denis Flynn, P.P., V.G., Kells, Co. Meath.

You have introduced it now.

Come back to the Bill.

Coming back to the University, we will look after all that. We are proud of our Chancellor.

I do not know if you are very well known in the medico-political world.

It would suit you better to get more employment for graduates in Ireland than in England.

Provided they are not Protestants.

It does not matter whether they are Protestants or Catholics. Get work for them in Ireland.

Recently a new departture has been adopted in the method of selecting people to fill public appointments. I suppose the intention was to popularise it with the followers of the Government Party down the country. I do not know whether it is a universal practice but in my county a local selection board was recently set up. A vacancy occurred for a matronship in the Monaghan County Hospital and a local selection board was set up to make a selection for the post. That board consisted of the medical officer of the county home, who was appointed to the county home after the Minister refused to sanction the appointment of a doctor selected by the board of health and who held republican views. It also had on it the medical officer of the sanatorium who, by a coincidence I suppose, happened to be a sister of the election agent of the Minister for Finance in the last election. The other member was the State Solicitor.

Is this at last a corruption case?

I am giving the case for what it is worth and the House can put its own interpretation on it. With a selection board constituted such as that, what chance would any person have for such a post who held republican principles, no matter what his qualifications were? That board, as I say, comprised the State Solicitor, a sister of the election agent for the Minister for Finance, the medical officer of the county home, appointed as I mentioned, and somebody who is, of course, a true blue, representing headquarters. There is not going to be any confidence in the administration of this Act while that kind of thing continues. I understand that even in connection with the recommendations of that particular selection board very powerful influences are at work to ensure that the person recommended by the board will not be appointed. We are watching with interest what will happen. I would suggest that if we are not getting a good public service and if we are not getting the best, second best, or even third best, class of persons to man public posts in local administration the obvious remedy is to raise the standard of qualification, making it sufficiently high so that you cannot have any duds appointed. You cannot, however, achieve it in the way in which the original Act set out to achieve it. The ordinary man in the street will not take the risk under existing circumstances, owing to the lack of confidence in the administration of the present Act, of spending his life's earnings in educating his children because he believes that if they have not the necessary pull at headquarters they will not get appointments. Deputy Dr. Hennessy also suggested that if there were any real grievances amongst the medical profession regarding appointments they should be ventilated through the Medical Association. That is only begging the question. It is all humbug to talk about grievances being ventilated through that Association. The Deputy did not inform the House what percentage of doctors belong to that Association. If he did, it would show the fallacy of his argument.

That is to their discredit.

The Deputy admits that not five per cent. of them would be members of that Association. Yet he complains most dogmatically here that grievances were not ventilated through the Medical Association.

We are not discussing the Medical Association. The Deputy should discuss the Bill.

Can I discuss Deputy Dr. Hennessy's contribution?

The Deputy has been allowed to do that, but I want him to discuss the Bill.

Some years ago members of the Executive Council thought considerably more of public representatives than they think now. When the present President of the Executive Council was Minister for Local Government his views regarding public representatives and public appointments were somewhat different to the views expressed by Cumann na nGaedheal Deputies and by the successors of that Government on the opposite Benches. On the 1st of June. 1920, the Minister for Local Government addressed the public bodies of Ireland in the following terms:—

"The Local Government Department of Dáil Eireann greets the newly elected councils and boards of guardians and recognises in the results of the recent elections, carried out under the system of Proportional Representation, further proof of the loyalty of the overwhelming majority of the Irish people to the Government of the Irish Republic. It is a great honour for the individuals elected to have been chosen by the free vote of an indomitable people to hear the standard in this great rally of an ancient race for its God-given right to liberty. It is also a great responsibility. Dáil Eireann is confident that the recently elected councils and boards will become important factors in the nation's struggle for political and economic emancipation, and that they will make every possible effort to efficiently administer local affairs in a manner creditable to the dignity and genius of the Republic. Your council is requested to pass without delay the attached resolution of allegiance to Dáil Eireann that it may be clear to all at home and abroad, to friend and enemy, that the people's representative on local bodies stand with their Parliamentary representatives, solid and uncompromising, on the question of their Country's Independence."

I will read one paragraph dealing with the question of public appointments.

"In filling public appointments in the public service your Council should see that only loyal citizens of the Republic are elected. Preference should be given to candidates having a knowledge of the Irish language, and subject, of course, to merit and ability, appointments should be filled by promotions in the existing staff of the department in which the vacancy occurs or, failing this, from the staff of some other department under the control of your body."

Who signed it?

It was signed by C.O hUigín on behalf of the Minister for Local Government, Liam T. Mac Cosgair. I submit that the Bill standing in the names of Deputy de Valera and Deputy O'Kelly carries out the policy enunciated by the present President of the Executive Council when Minister for Local Government.

Deputy O'Connell criticised the Bill before us as being a bad example of legislation by reference. Legislation by reference may be very good legislation. There may be no other way of suitably framing a Bill and it may result in the making of excellent laws. I want to take this Bill from another standpoint, to consider what will be the position if this Bill is carried into effect for the purpose of achieving any object. The Act, which it is proposed to amend, in Sections 1 and 2 gives us a very complete statement of what is to be regarded as a local authority and very complete provisions as to how appointments that ought to come under this Act should be regulated. In Section 2, sub-section (1) (a), the section sets out explicitly that the chief executive officer under every local authority shall come within this Act. The Bill that is before us purports, as a matter of improvement, to amend Sections 1 and 2 of this Act. If we look at Section 3 of the Bill, it proposes to effect an improvement, but we find that it takes into consideration a desire to secure that certain executive officers or chief executive officers shall come under the scope of this Act, but it takes no cognisance at all of the fact that there is such a thing as a county borough, a rural district, a board of guardians, a port sanitary authority, and commissioners of a town. It gives no consideration to the fact that such authorities as those named here may set up important committees which will have chief executive officers under them. It makes no provision to bring these officers under the Act.

What about the next section?

That deals with the general powers of the Commission.

Very well. Paragraph (a) is deleted, and paragraphs (b) and (c) read:

(b) every office and every employment (not being an office or employment as a teacher) under a local authority the qualifications for which are wholly or in part professional or technical, and

(c) all other offices and employments under a local authority as the Minister shall from time to time with the concurrence of the Commissioners declare to be offices to which this Act applies.

If there was anything incomplete in the Bill, that makes up for it.

Quite so. For one reason or another, or because of forgetfulness, we leave out a county borough. That may be due to forgetfulness. We also leave out a rural district council, a board of guardians, a port sanitary authority, the Commissioners of a town and all committees. The supporters of the Bill are going to require that the Minister shall individually consider all these matters, and see whether they should come in as a general scheme, whether in the case of a chief executive officer of a town council or of a committee of management of a mental hospital, they ought to be brought under the operations of the Local Appointments Act, or whether they should be dealt with individually. A change has taken place there, and we have not a word as to what improvement there is. The Bill actually would bring about a chaotic state of affairs in which you would have no uniformity, no clear statement as to what local bodies or officers come completely under the Act. This is the effort at improvement.

Why not bring in an amendment to it?

My point is that Deputies opposite are bringing in a Bill.

From the point of view of draftsmanship.

I am criticising this Bill, and I say that the Bill is of such a nature that it could not possibly be amended in any way that would leave it a useful measure afterwards.

Like another Bill, it has not been introduced and then withdrawn.

We do not know from the section whether a town clerk of a borough or of an urban district is to come under the Bill, because it reads simply "the offices of clerks to borough and urban councils." A list is made out here which reminds me of nothing more than of a list which would be made out by a schoolboy after he had been taken to the Spring Show and had been asked to write down the particular classes of animals he saw there. We have bodies named here which do not exist at all. The office, apparently, of secretary to a county committee of technical instruction is to come under this Act. There is no such animal in the show. There is no such body in existence as a county committee of technical instruction. You have got several county committees of agriculture and technical instruction. Outside of that, you have twenty-two technical instruction committees, involving urban districts alone, and 20 other committees dealing with technical instruction, but these are joint technical instruction committees involving county and urban districts.

Will the Minister state the difference between a technical instruction committee and a committee of technical instruction?

I am dealing with the words which it is proposed to insert in this Bill, "a county committee of technical instruction," and there is no body to which we could apply that description in a legal way in existence. That is the kind of improvement we are asked to accept at the start off. We then come to Section 7 of the proposed Bill.

It is proposed to insert a clause like this:—

On receiving such request as aforesaid from the local authority or the Minister (as the case may be) the Commissioners shall select in accordance with this Act and recommend to the local authority for appointment to the said post a person or a panel containing the names of not less than three persons best qualified as requested and when judging qualifications the Commissioners shall consider local knowledge or experience an additional qualification.

The Commissioners "shall select." That is to be introduced into an Act in which the following clause occurs— Section 8, sub-section (1):—

Subject to such exceptions as are or may be made by or under this Act, the Commissioners shall select every person to be recommended by them to a local authority under this Act solely by means of competitive examination conducted according to regulations made by the Commissioners.

That is, that when the Commissioners are told to select they are told that they shall select by competitive examination, except in so far as there are other arrangements made here. That "shall select" in this section will be governed by this. The effect of it, if put in in its present state, would be that in a case where a candidate was selected by examination local knowledge or experience would have to be regarded as an additional qualification.

Is not the speech of the Minister one that should be more properly delivered on the Committee Stage? He is dealing with separate sections, and pointing out what he states are defects in drafting. I think discussion on the Second Reading ought to be confined to the general principles of the Bill.

The Minister is quite in order.

A DEPUTY

The Minister can say anything he likes.

The Deputy must not say that the Minister or any other Minister can say anything he likes. He will not be allowed to say that. The Minister is speaking to the Bill.

I would ask the Deputy to appreciate that it is in order on the Second Reading to show that the Bill is a pure hash and mess.

It is better than the Drainage Bill, which was brought in three times.

This particular section I am quoting from means that in the case of an examination local knowledge and experience should be regarded as an additional qualification. That may or may not be the intention of Deputies on the other side, but, judging by their statements, we must regard it as their intention, because the question as to whether an appointment is to be filled by written examination or other means does not, I am sure, take away from the arguments that they make with regard to the advisability of a person appointed in any area having local knowledge. From that written examination from which these people shall be selected a panel is to go down.

took the Chair.

Would the Minister read the initial sentence of Section 8, to which he has been referring: "Save subject to such exceptions as are made by or under this Act"?

I have read every line of it. I have taken the scissors and paste and so far as possible pieced it together, and it simply makes a hash and a mess, leads nowhere, and shows that Deputies have no clear conception as to what they have in mind in introducing it.

Will the Minister support a motion from this side of the House that private Deputies get the same assistance as Ministers do from experts in drafting Bills?

I might be prepared to consider that, but please do not drag it as a red herring across my contribution to a discussion that is going to show that this is a futile Bill.

I suggest that the Minister has been dragging a red herring across the whole question.

It completely disarms me when responsible Deputies, introducing a Bill, and offering it as a contribution which will settle everything, which is going to restore the confidence of local authorities in themselves, to get rid of the confusion and friction that is alleged to exist, come here and say: "Our intentions were the best, but we must be excused if our words did not secure what we intended."

We have not admitted that.

What about the Mutual Insurance Bill?

Or the Arterial Drainage (Minor Schemes) Bill?

Might I suggest to the Minister to accept the principle of the Bill. We can get on to the details afterwards.

The principle I want the House to accept is that the Minister is speaking relevantly to the Bill and must be heard without further interruption.

Not only have I the Bill to guide me in seeing what the effect of it is going to be, but I also have the speeches of Deputies who supported it, and they are no help to me, good, bad or indifferent. Whereas Section 7 says that where competitive examination was the machinery for finding out who ought to be recommended to a local authority, you will have to put up a panel of candidates to the local authority; you will have to give better marks or recognition in some other way of local knowledge and experience. Section 9 lays it down:—

"When for the purpose of filling any post under a local authority a competitive examination is held the name of the candidate who obtained first place in such examination shall be sent by the Commissioners to such local authority for appointment or where there are two or more vacancies the names of such two or more candidates as have obtained highest places in such examination in order of merit and the candidate or candidates so recommended by the Commissioners and no other shall be appointed by the local authority, subject in all cases to the usual regulations as to health and character."

How are you going to reconcile the provision in Section 9 that no other than the first person shall be appointed with the sending down of a panel of candidates to the local body; that is a matter that I cannot suggest a remedy for, but I do suggest that if the sections in this Bill are brought into our legislation there will be simply nothing but confusion.

Let us pass on to Section 10, which is supposed also to give additional powers to local authorities. The section reads:

"Whenever a local authority or the Minister requests the Commissioners to recommend to them the names of a person or persons qualified for appointment to an office to which this Act applies and the local authority in consultation with and with the concurrence of the Minister is of opinion that having regard to the knowledge and experience necessary for the efficient performance of the duties and qualifications prescribed under this Act for that office, the person or persons to be recommended as qualified for appointment to that office cannot be satisfactorily selected by competitive examination the Commissioners with the sanction of the Minister may dispense with the competitive examination required by this Act and may select the person or persons to be recommended as qualified for appointment by the local authority by such means and in such manner as they think proper."

They may dispense with the competitive examination——

A DEPUTY

In certain circumstances.

Supposing they do not think it proper to dispense with them, there is nothing in the Act. as it stands, or as it would be amended by things that are here, to force them to agree with the opinion of the local authority that a competitive examination ought not to be held. The whole position as disclosed by the Bill leads one to the conviction that there is no clear vision, good, bad, or indifferent, on the part of those who drafted it as to what they intended.

If we go back to Section 6, one part of it says that a person with five years' clerical service must pass a qualifying examination before he becomes entitled to promotion or transfer to executive officer under a local authority. Take the various committees of technical instruction. It has been the practice so far as possible to appoint to the position of secretaries of committees one of the many teachers who have had experience of teaching under those committees. This clause would prevent one of those thousand odd teachers being appointed as chief executive officer under a technical instruction committee. Is that intended? Now on the general question of a qualifying examination. Deputy de Valera has a certain amount of academic and educational experience. Has he made any attempt to visualise what the qualifying examination is going to be like that would enable a clerical officer to come into the running for promotion or transfer? Take a youth engaged in the Public Library in Capel Street or in the office of the Grangegorman Mental Hospital at the age of eighteen. What kind of a qualifying examination is to be put up to him that is going to enable him to be a candidate for the secretaryship of the Galway County Council or the Roscommon County Council at the age of 27 or 29? Would the same kind of qualifying examination entitle a man who is a clerk in a library here in Dublin to be a candidate for the secretaryship of the Galway County Council, or for a position in the Accountancy Department of the Cork County Council, or for the position of secretary to a Board of Health or chief clerk or accountant in a Mental Hospital? Is it going to be the one examination or is there any clear idea, when speaking of the qualifying examination, of what kind the examination is to be? Are we to understand, because it is neither clear from the Bill nor from Deputy de Valera's long contribution to the discussion that where a technical officer is transferred or promoted he must pass a qualifying examination? If they are not to pass a qualifying examination, I do not see that there is any reason for introducing Section 6, because the local bodies have the same powers under the present Act for the promotion and transfer of officers holding technical and professional qualifications as are embodied in the second portion of this Section 6 of this Bill.

The whole Bill, if carried into effect and joined up with the Principal Act, would give as contradictory and as absurd a piece of legislation as it would be possible to imagine. It might certainly raise the confidence of people on local bodies who consider how much more intelligent they might be in drafting legislation than the people up here. But there is no other way in which it could possibly help to meet the situation for the local bodies. I am driven to the conclusion that there is no clear picture, good, bad or indifferent, in the minds of the framers of this Bill as to what they want. In the "Leitrim Observer" of Saturday, May 12, Deputy Holt makes a contribution, in which he says:—"The other matters which the Fianna Fáil Organisation hope to promote if a majority is secured on the local bodies are," and he sets out the sixth as follows: "Abolition of Local Appointments Commission, and the restoration to local authorities of the making of all public appointments to offices in their own areas."

"The Connaught Tribune" of May 19 reports that at the monthly meeting of the Galway Home Assistance Committee at Loughrea a resolution was received from the Kilkenny Board of Health suggesting that the Local Appointments Commission should be done away with. The Chairman then asked: "Has any member any suggestion to make?" and a Mr. Jordan, that is Deputy Jordan, said, "I would rather a suggestion would come from some other members of the Committee. I have always held that the elected representatives should have the right to make appointments and ought to be let manage their own house within the house. I am in favour of the resolution." That statement encouraged the Chairman to say: "It seems to me very reasonable. If we have not power to make little appointments we have no right to be here at all." So that while we have the introducer of the Bill talking about the undesirability of throwing back upon the local bodies the power of making their own appointments, and while he made some remarks that suggests he has a vision that there will be generally a national service developed for the employees of local bodies, we have a situation in the Party opposite that members have publicly expressed themselves as wanting to wipe out the Local Appointments Commission entirely. It seems to me that the introducers of this Bill are pandering to a desire that exists on the part of some people and on the part of some members of their own Party to destroy the Local Appointments Commission. In view of the complete absence of vision on their part that their Bill discloses there seems to be no other interpretation to be put upon their action in introducing it. The Civil Service, as an institution in Great Britain, only dates from the year 1870. The situation that made it desirable that the Civil Service should be instituted in Great Britain was fully inquired into as early as the year 1854, but the reception that was given to the Report in 1854 was very hostile. One of the principal officials of the time made the statement when the Report was produced: "I am afraid that the world in which we live is not half moralised enough for the acceptance of such a scheme of stern morality as this." It seems to me that the introducers of this Bill are simply pandering to those in the country who are not prepared to accept a scheme of stern morality in the matter of public appointments.

Go bhfoiridh Dia orainn. That is the limit.

Deputies opposite are pandering to that feeling in the country. Well, Deputies apparently accept the stern morality of the Civil Service Commission and the stern morality of the written examination. It is not clear from their Bill whether they do or not, but I have a kind of feeling that they do. As I say, apparently they accept the stern morality of the Civil Service Commission. As was pointed out, the Civil Service Commission consists of A, B, and C—three Commissioners. The Local Appointments Commission consists of three, B, C, and D. In the regulation and discharge of their work Deputies on the opposite Benches apparently accept without suggestion of corruption, inefficiency or otherwise the work of A, B, C, but when they are faced with the work of B, C, and D, using to a certain extent the same staff and working along the same principles, they do not accept that at all, apparently. I am not convinced at all that they do not accept it, but I say that this is simply pandering, for one reason or another, to the opinions of people who do not accept the stern morality of the Civil Service Commission in the making of appointments. Deputy de Valera has. as I have suggested, in intervention in the debate, all through his statement suggested that corruption surrounds, to a large extent, the work of the Local Appointments Commissioners. He states that all through the country there is a complaint of corruption. He more or less leaves us under the impression that, having had the advantage of talks with people who acted on selection boards, he is not completely rid of the idea that there is corruption. That is the impression he has left us under, and he told us that Deputies would give details.

Can you not avoid twisting what I said?

I have not the least desire to twist what the Deputy said, but I am anxious to point out that the impression the Deputy's speech made on me was that he and his Party considered that corruption surrounded the work of the Local Appointments Commission or that there was some corruption. If the impression made on me is the impression that the speech ought not to have made. I would be very glad if the Deputy would take an opportunity of making clear what he did mean, because it is in the interests of everybody.

I would like to ask the Minister if it is not a fact that the very thing he suggests now—suspicion of corruption—were the things alleged against the public bodies. I would also ask the Minister how many specific cases of corruption he requires, or how many cases were brought forward on the introduction of the Act appointing the Appointments Commissioners? As the Minister wants specific information from us we are entitled to know how many there were.

I wish the Deputy would deal with the Act. Let me say that one of the principal cases that did bring to a head and hurry on the introduction of the Act of 1926 was a case that occurred in the Deputy's own constituency in 1924, resulting in the imprisonment of two members of a public body.

That was the point. They could not be dealt with under the existing law?

No doubt——

There you are. I would like to ask the Minister is that possible at present? If that happens now is there any way of discovering it as it was discovered in that case?

There was certainly corruption in the making of appointments. There is no doubt about that, but if there was never corruption in the making of appointments, you certainly want a system that would, in a uniform way, weigh up the qualifications of candidates for positions, whether administrative, technical, or professional.

Undoubtedly.

Personally, I would be very willing not to introduce the question or suggestion of corruption against local bodies in making appointments, and I am not aware that I ever did, but I am certainly prepared to stand over the Act of 1926 as a suitable piece of legislation, enabling us to get proper local services, if there was never corruption in the country at all. So that on the definite kind of suggestion that is made now, that the discharge of their duties by the Local Appointments Commissioners is tinged with corruption, let us get fair and detailed arguments on that, and not the kind of argument that throws back and says: "You said yourself that other people were corrupt." If there can be given here details of corruption or anything that savours of corruption in the making of any particular appointment under the Local Appointments Commissioners, let us have them. Deputy O'Connell asks that a Select Committee be set up to report and inquire into certain matters in connection with the Local Appointments Commission. The Minister for Finance has stated his position on that. Deputy O'Connell suggested that the Local Appointments Commissioners had been working for the last three or four years. As a matter of fact, the Act was only passed in July, 1926.

I do not think I said that.

That is a mistake.

In any case let us get to the actual facts. The Act was passed in July, 1926, and the Commissioners were appointed in October, 1926. As far as I know, the first actual appointment made to a position under a local authority by the Commissioners was made in April, 1927, so that the Act has been in operation for about fourteen months. I doubt whether the Local Appointments Commissioners themselves, or the Department of Local Government, or local bodies, are in a position to say exactly what defects there may be in the Act. No doubt we all want certain things remedied, but I do not think we are in a position at present to give a complete contribution to a committee that would enable every possible improvement required to be made in the Act. Following discussions in the House on a particular appointment I have discussed the matter with representatives of the General Council of County Councils, and with representatives of the Local Government Employees. I asked the General Council of County Councils to review the matter for the next twelve months with a view to considering anything that they might like to draw attention to in the working of this body during that period, and at the end of that time to make suggestions to us that would enable us to set up a committee, such as Deputy O'Connell suggests, with a view to reviewing the whole position. There is no doubt that some useful matters might be brought out if a committee were set up now, but I feel that the thing would be incomplete. We might be in a position to face the setting up of a committee to review the matter in the autumn when the Dáil has re-assembled. It would be a more suitable time, perhaps, for all concerned than the present rush period. But the representatives of the General Council of County Councils did not seem anxious to meet me in the matter. They were rather concerned with a particular case, and in that particular case I could not do anything but take the stand which I had taken. I felt, too, after a discussion of this matter with representatives of the local bodies' employees, that they had been misled and confused with regard to the Department's attitude and with regard to the terms of the Act, by the movement of antagonism that has gone on against the Act in the country. That is quite understandable where there is a big volume of agitation in respect of an institution that has only been working from the point of view of actually making appointments for fourteen months. Our attitude in the matter is that we must have satisfactory machinery for seeing that the persons who enter the employment of local authorities are fitted for the positions, and that there is fairness and justice to all concerned in the making of these appointments, and we are not prepared to leave anything undone to improve the machinery. I do not want to deal with a number of absurd points that have been made, points as absurd as some of the actual terms of the Bill itself, but I would like to refer to a few points. Deputy Ward raised the question of the religion of people appointed to positions under local authorities.

I would like to correct the Minister on that. Deputy Ward——

Deputy Ward is in the House himself.

Mr. BOLAND

I did not see him.

You were not in the Chair when this discussion took place. I quoted from a letter written by Very Rev. Dean Flynn, P.P., V.G., Kells, Co. Meath. I quoted his letter on the religious side of the question, but I did not use any argument on the religious side of the question itself, and the Minister is not correct in attributing that statement of the reverend gentleman to me.

It is on a par then with the corruption thing. Corruption is brought into the debate here, but no one gives any details about corruption.

Religion is brought in on a particular kind of letter here, but no one apparently is prepared to stand up here——

I give notice that I will.

And say that considerations of a man's religion in the making of an appointment should come in.

When the time comes I will deal with that aspect of it, and I will not be afraid to deal with it.

Well, we must not be prevented from criticising statements that are made in this House by Deputies, that if the suggestion that they want to stand for religious discrimination in the making of appointments——

But surely we can object when the Minister attributes a statement to a Deputy that the Deputy denies he made? He says that he quoted it from a letter written by a certain person. Surely the Minister is not going to be allowed to attribute it to the Deputy himself?

The Minister did not attribute any statement to Deputy Ward. He said that the religious aspect in the making of appointments was introduced by Deputy Ward. That appears to be correct.

Deputy Ward also referred to a resolution that came from a county council dealing with the matter. In order to clear the air I want to say that the Local Government Department, and the present Executive, are not going to accept for consideration a suggestion from any public body, or from any other body, no matter who, that there should be discrimination in matters of religion in the making of appointments, either under the central government or under local authorities.

Hear hear. Apply that to politics and we will be getting on.

Make representations to the North in that respect.

We are getting away from the Bill.

A lot of people are doing that, and a lot of people must be anxious to get away from the Bill, because I have shown that the Bill is simply a hash and a mess, so much so that no other interpretation can be put on the action of the Deputies who brought it here than that simply they either want to destroy the Local Appointments Commission as an institution, or that they are simply pandering to the smaller and the pettier spirits in our midst, who are not prepared to accept the stern spirit of morality that is enshrined in the Act.

I listened with very great attention to Deputy Ward. All through his speech he made constant reference to the Minister for Finance, and he gave us instances of cases that had occurred in the County Monaghan. I do think that he has succeeded in leaving upon this House, both by what we have heard and by what we have seen from him, the impression that it is quite possible that the medical services in the County of Monaghan may be in a very bad way and may require a thorough overhauling and a thorough revision. I would join with Deputy Ward in making an appeal to the Minister for Local Government to have these services in the County Monaghan which are in the condition that Deputy Ward has described thoroughly overhauled and revised at the earliest opportunity.

Send us a Cork commissioner.

We again have, not for the first or second time, the question of a Crown solicitor raised. I have been thirty-five years in my profession, and all I can say is that I have never been called a quack.

I asked for a Cork Commissioner, not for a Crown solicitor.

The guilty conscience haunts the guilty mind.

The words "Crown solicitor" were used on a previous occasion, and I thought that the Deputy was back at it again. I would like to remind the Deputy that his Party has recently been engaged in scouring the Free State looking for an ex-Crown solicitor to make him a director of a newspaper it is now about starting, so that he might add an air of law-abiding respectability to the newspaper. They have succeeded in getting only one ex-Crown solicitor to bring disgrace on that very distinguished service.

A DEPUTY

Will you join?

I heard from Deputies on the Opposition side—and perhaps the Parliamentary Secretary gave force to the suggestion which came from them in a more aggravated form —that this was an unpopular Act. There was never a greater mis-statement of fact. No Act that has been passed since 1922 has been received with more popular favour by every decent man, and by every man and woman in the whole of the Free State who is opposed to jobbery.

Let the suggestion, wherever it comes from, be put away at once that this Act is not popular in the country. The country does not want it amended. It does not want to have the Act taken away. It does not want the Act amended by turning what is at present a reality into a sham.

Deputy Ward referred—I took down his words at the time—to what he called corruption at headquarters. What is the meaning of that? We are not children. I suggest that it can only mean an accusation against the Commissioners, who are men of the highest repute, men of the highest intelligence and men who are a credit to the Free State and to the Government that appointed them.

Is the Deputy speaking now for Cork or Dublin?

I am speaking for both Cork and Dublin.

I cannot say "Hear, hear" as far as Cork is concerned.

I think Deputy Anthony is under a misapprehension. Deputy Wolfe is alluding to the Local Appointments Commissioners.

There are so many commissioners it is easy to get confused.

I accept the correction and realise the force of it. I am only speaking of the commissioners set up under the Principal Act that is under discussion.

And giving the point of view of an ex-Crown prosecutor.

Deputy Wolfe has a perfect right to speak in this House whether he is an ex-Crown prosecutor or not, and it is unworthy of Deputy Aiken, or of any other Deputy, to intervene in that particular way. Deputies' speeches must be listened to without allusion to other circumstances. Yesterday evening we had on two occasions this kind of thing occurring. The attitude of the Chair on the matter is, that if this kind of thing is going to become general there can be no such thing as debate. It would be all personalities, and there is a great deal to be said on a great many sides.

And there is the further fact that the interrupter usually gets the worst of it. During the last few days we have had lectures on moral responsibility. To-day we had an addition to that by way of a reference to the moral code. Deputy Ward reminded us of the moral code, having read a letter from a parish priest, which should be adopted in the appointment of a medical officer.

On a point of order, I mentioned the moral code that should be adopted before I read the letter from the parish priest—not after.

Having read the letter of the parish priest, the Deputy proceeded to act on it by recommending to us the moral code which should be followed in the selection of a medical officer. What that amounts to I leave it to the House to say. I join with Deputy Dr. Hennessy in saying that it is not a good thing for the medical profession to have such a thing said of it in this Assembly. As I know it does not represent the wishes or the feelings of the majority of the members here. We have heard Deputies say: "Take that sort of thing up to the North of Ireland." We prefer to keep it here. The toleration, the good-will, and the freedom from religious bigotry that exist in the Saorstát to-day are a national asset. Let the Deputy who made it take that particular suggestion up to Monaghan or the North of Ireland, or anywhere else he likes but let him not take from us the national asset which we possess in the toleration and the freedom from bigotry that exist amongst the people of this State. I claim that there is no one in this House more competent to speak on the subject than I am. Mizen Head, where I come from, is in my constituency, and I have been a member of public boards for over 30 years.

Were you corrupt?

Do you condone bigotry in the North?

I know where the interruption comes from and what it means, but as I said before, people who interrupt usually get the worst of it. They often get a good deal more than they give. As I was saying, I was a member of various public boards for over 30 years. When I ceased to be a member of them, I became an official of at least ten different public bodies, and I assert that there could be no greater tribute to the toleration and the freedom from bigotry that exist in this State than that I should have been appointed by these boards as their solicitor. I can say this—I think it only a right and fair thing to say it when I have the opportunity of doing so—that I never asked one of the members of these boards, directly or indirectly, to vote for me. They appointed me of their own free will. No one will suggest for a moment, certainly no member of the Opposition, that I was appointed on the grounds of merit.

That is certainly one argument at least in favour of the Commissioners.

All sides of the House will agree when I tell them that I was appointed, not because of any merits of my own, but appointed by my friends as one who they knew would be loyal to them and would stick to them through thick and thin. It has been suggested to the House that three names should be sent down to the local bodies. How, in the name of heaven, would that get rid of corruption? Is it suggested that any of the Deputies sitting behind Deputy de Valera who belong to county councils would vote for the man they thought the best of the three? When I was a member of a public board—it is a shame for me, I suppose, to have to confess it, but we all know the facts—I, like the other members, voted for the man I knew best or for the candidate whose friends I knew best, but I never voted for a relative. I did like everybody else. It was the common custom. We all held it to be our duty to vote for the candidate we knew best or whose friends we knew best, but while that was so, we all looked forward to the day when we would be relieved of that responsibility. Those who were interested in the national cause at the time looked forward to the day when we would have a Parliament and a Civil Service of our own, free and unbiased, and when we could impose that duty on a body such as we have in existence to-day in the case of the Appointments Commissioners.

Suppose, for instance, a vacancy occurred in the position of rate collector under the Cork County Council, does Deputy de Valera suggest that his followers, who are members of that body, would vote for the best man? It is a matter of common notoriety that not very long ago a job was put from one rate collector to another at a salary of £850 a year. One of Deputy de Valera's first lieutenants, who is a member of that council, voted for the man who had that £850. Some days after, whether or not he was suffering from a sense of remorse for what he had done, he came up to Dublin and went up the back stairs of the Local Government Department with a piteous tale asking that a commissioner should be appointed at once and an inquiry held, and succeeded in dismissing the man for whom he had voted himself.

Might I intervene to tell Deputy Wolfe that the statement he has just made is not based on the truth?

There was a sequel to that which I warn the Deputy not to provoke me to tell. There is sometimes such a thing as corruption following corruption. You were told by Deputy Ward as to what was done in County Monaghan with regard to old age pensioners. There seems to be some very extraordinary people down there. In my part of the country the argument used at the last general election in favour of the Government were arguments in favour of the old age pensioners.

On a point of order, if the Deputy is attributing that statement to me, I made no such statement here. What I did state was that a circular had been sent out by the Cumann na nGaedheal Party on behalf of the Minister for Finance threatening the old age pensioners that if they returned the Fianna Fáil candidates their pensions would be stopped.

My experience during the last two general elections was that if there was one subject on the face of the earth that Government candidates kept clear of it was the subject of old age pensions. That was not so amongst the freaks in North Monaghan. I now move the adjournment of the debate.

Debate adjourned.
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