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Dáil Éireann díospóireacht -
Wednesday, 17 Oct 1928

Vol. 26 No. 4

CORK CITY MANAGEMENT BILL, 1928—COMMITTEE STAGE (RESUMED).

The Dáil went into Committee and resumed consideration of the Cork City Management Bill, 1928 (Section 9).

I move amendment 35:—

To add after sub-section (2) two new sub-sections as follows:—

"(3) The manager shall exercise the powers, functions and duties conferred upon him by sub-section (1) above, after consultation with a board (in this Act referred to as the board of aldermen) which shall consist of the lord mayor and aldermen of the Corporation, and of which the lord mayor shall be chairman.

(4) Any officer or servant of the Corporation removed by order of the manager may appeal to the board of aldermen, which may, after inquiry into all the facts of the case, affirm the order of the manager, or with the concurrence of two-thirds of the members of the council present and voting at an ordinary meeting rescind such order."

The purpose of this amendment is to give to the manager a consultative body of reasonable size and to provide some function for the aldermen, who would otherwise be ornaments. According to the Bill, the executive powers of the council are to be vested in a single individual. There are, of course, dangers in giving uncontrolled power to any individual, and if control is to be exercised effectively, the actions of the individual will need to be surveyed fairly closely. There is no provision in the Bill that I can see for anything like continuous close examination of the actions of the manager. By close examination I do not mean interference in any sense, because I believe that if we are going to have a manager he ought to be free to act in all executive matters on his own judgement and take responsibility. But it would be advisable, both from the point of view of the manager himself and from the other point of view, that I have been stressing—a close examination of his acts— that you should have a small body of this kind. Such a body would really correspond to a general purposes committee of the council, except that the general purposes committee would be, in relation to the manager almost entirely in a consultative capacity. If you are going to have an arrangement of that kind, it is, of course, advisable that they should act with authority derived directly from the council itself, and that would imply election by the council. Consequently, the whole idea in the scheme is that the aldermen should be elected yearly by the council at the same time as the Lord Mayor, and that their number should be such as would provide a small body that could meet frequently for the purpose of examining the acts of the manager and keeping in close touch with him.

The first portion of the amendment simply says that the manager shall exercise the powers, etc., conferred upon him, and that the board shall consist of the lord mayor and aldermen of the Corporation, and that the lord mayor shall be chairman. The second portion of the amendment says: "Any officer or servant of the Corporation removed by order of the manager may appeal to the board of aldermen, which may, after inquiry into all the facts of the case, confirm the order of the manager, or with the concurrence of two-thirds of the members of the council present and voting at an ordinary meeting rescind such order." You can see that that is one of the special functions proposed to be given to the board, apart from that of generally keeping in touch with the manager. But the idea is to provide a board of appeal against arbitrary action by the manager in dismissing servants of the Corporation. You can see that the intention is not to encourage appeals of that kind, but to meet a case where there was obvious injustice. The appeal could not succeed unless it were confirmed by a majority of two-thirds of the members of the council. If the board of aldermen, in the first instance, confirmed the action of the manager there would be nothing more about it.

Suppose they did not, by a majority of one?

That is what is provided for.

Yes, but I put it to the Deputy that there is a danger. We will assume, for the sake of argument, that there are fifteen members on the council, eight of whom are against confirming the decision of the manager. Now, we can have no decision because there is not a sufficient two-thirds for rescinding the order.

There are two points. I am not sure whether the President is making the point——

I am asking the Deputy if this is not the case?

What is proposed by this amendment is that if a servant of the Corporation has been removed by the manager, and that servant feels that he has been wrongfully dismissed, he can bring an appeal to the board of aldermen. The board of aldermen will either confirm the action of the manager, in which case there is no further appeal, or they will uphold the appeal; they will say that in their opinion the dismissal was wrongful. Then the matter is referred to the council as a whole, which, in order to reverse the order of the manager, must do so by a two-thirds majority. Unless there is a two-thirds majority upholding the appeal and condemning the action of the manager, the manager's action is held to be confirmed.

The Deputy sees my point?

I am afraid I do not.

We will suppose that there are five aldermen, three being against the manager and two for him. Then, of course, it goes to the council, and the council has not got a two-thirds majority to rescind the order, but nevertheless it has a majority against the manager. I think that is bad.

In that case it simply means that the manager has direct responsibility and that the Council is not going to interfere in that detail, that the decision of the manager in that case would be held to be upheld, because the principle on which the manager would be appointed would be that he was not to be interfered with unnecessarily by the Council in the details of his work, and the idea of the necessity for a big majority like two-thirds was to see that he was not going to be interfered with except there was an obvious case of arbitrary and unfair action on his part. The whole idea running right through these amendments is that there should be a manager in whom the executive authority of the council would be vested, that he is not to be interfered with in detail, but that he should have representatives of the council in association with him, men with whom, if he were wise, in my opinion, he would confer with very frequently on some of the larger questions with which he would have to deal. You have machinery for conference provided there, and you have also provided a thing that I think is necessary when you are giving very large powers to an individual, a very simple court of first instance to judge as between the dismissed servant and the manager. Then if the case is such that this representative board thinks that the manager is acting unfairly the matter is referred to the court of final authority—the whole council. The idea in making it difficult is that nobody wishes to encourage appeals of that kind, and nobody wishes to weaken the manager through unnecessary interference by the council. As I say, all these amendments hang together. Of course, I can see that there is a vast difference between the way in which the Minister is approaching this whole question and the way in which I am approaching it. At first I thought that we were probably much nearer than I saw was the case afterwards when his point of view was made clear. To me, in any case, it is a valuable thing to have a single executive officer, but the council must have effective control, and to have effective control they must be able to dismiss the manager when he grows difficult. For instance, they must not have a manager foisted on them by the Minister for Local Government against their will. They must not have a manager retained in office if they, by a substantial majority, say that they do not want such an officer. They must also have continuous touch with the acts of the manager in order to be able effectively to criticise them, and if you have a council such as I have in mind —the difference was that I had in mind a fairly large council that would be representative of all bodies—you cannot expect them to be constantly in touch with the various acts of the manager and consequently in a position either to understand the reasons for his actions in a number of cases or to criticise them effectively and check, by means of such control as the council would have, tendencies which they would notice by close contact. I do not know that anything will be gained by speaking further to the amendment. There are not very many Deputies in the House, and I do not know that argument is going to settle the matter in the end.

Deputy de Valera says truly that we approach the matter from very different standpoints. Let me say that in the case of this amendment we are dealing with the position of a board of aldermen, and then we are dealing with one particular matter with which the board of aldermen might be concerned. For instance, paragraph (4) in the amendment, about the dismissal of officers, might be more satisfactorily dealt with when consideration has been given, as I promised, to amendment No. 26.

I am quite prepared to say that the whole of my argument at the present moment hangs on the question of the board of aldermen.

As Deputy de Valera says, we approach it with very different outlooks. I approach it with the outlook that you need in Cork a small council, sufficiently representative for discussion, to deal with any problem, or any aspect of any problem

What is the Minister's interpretation of the word "small"?

Fifteen. I am calling fifteen a small council.

I call that very small.

Nevertheless, it would be of a size that would come to a decision after the fullest discussion, and not too long-drawn-out discussion such as you would have in a large council. I submit that Deputy de Valera practically subscribes to my outlook on the matter when he considers that a council of thirty, which he proposes, cannot satisfactorily do the work without setting up a small body of aldermen to keep in close touch with things. I do not understand what is meant by a body of aldermen meeting frequently, keeping in close touch with the manager, and supervising his work.

"Supervising" is, perhaps, a bad word. "Keeping in contact with" would be better.

Well, "keeping in contact with." The position is that we recognise that there are definite spheres of control that ought to be completely in the hands of the council as the government of the city, and we enshrine these in the reserved functions, and further say that, if the council, in certain circumstances, considers that their reserved functions are to be added to they can be added to, but outside these reserved functions you make the manager be held responsible for dealing with all other matters and carrying on the administrative work of the city. In the carrying on of the executive work of the city it is worth while to refer to Section 14, which says that every act or thing done, and every decision taken by the manager in the exercise of his duties, which in other circumstances would require a resolution of the Corporation, will be done by the manager signing an order, and that signed order will be kept registered, and the register will be kept by the town clerk keeping copies. All the signed orders will come up before the council at every meeting of the council, so that no action will be taken by the manager that, in ordinary circumstances, would require a resolution.

Could these orders then be refused by the council?

I see; they are just for information.

Just for information. They are orders dealing with actions taken by the manager in the exercise of the control and responsibility that has been definitely put on him, and they are for the information of the council. If there is anything continuing in the issue of the order, any line of policy, or any action of the manager as a whole objected to, the council can make that the basis of a resolution by two-thirds of their number to express their want of confidence in him. I do not know what other class of actions of the manager a board of aldermen needs to keep in touch with. If you are going definitely to divide the administrative responsibility from the governing responsibility I do not know what interference in administration, what particular day to day inquiry the information in connection with which would not crystallise at the meetings of the council, would be necessary. I oppose the idea of the council setting up a sub-body inside itself to interfere in the manager's work. Given a small council of a handy size it could take decisions clearly, and with a touch of finality about them, that leaves the subject in such a position for decision, that it is handed straight over to the manager, and he takes administrative responsibility. His administrative responsibility is unimpeded by any such body as a board of aldermen. If the manager is to shoulder administrative responsibility in the way that he should, he should be able to do it without interference from outside, and if he is going to be in such a position that the council can judge him fairly and squarely, then he must not be interfered with. I oppose the board of aldermen. It is part of the thirty-member council scheme and, while intending no doubt to bring about a clear situation where you have the council doing governing work and the manager doing administrative work, this would put a kind of nebulous area in between, and no one could tell whether the aldermen were going to do administrative work or going to do the governmental work. No question of safeguarding the rights of the employees or anything of that kind need necessarily be drawn into the discussion on a board of aldermen. Any safeguarding of the rights of employees of the Corporation can be dealt with when we come to consider amendment 26 in Deputy de Valera's name that has been put aside.

I desire to support the amendment, but, at the same time, to say that I feel a certain amount of sympathy with what the Minister has suggested in relation to the council, when he singles out the board of aldermen for particular attention. I would rather give the amendment my wholehearted support if Deputy de Valera could see his way to withdraw the words "board of aldermen" and substitute them by the words "the council." I agree with the Minister that you are about to set up by this amendment, if it is passed, a sort of Seanad within the Corporation of Cork that I do not want to see set up. I do not want to see any second chamber in Cork. The council would be good enough for me, but, as I said, I have a certain amount of sympathy with the Minister when he suggests that this board of aldermen is not to be constituted a body of supermen. The portion of the amendment beginning with the words "any officer, servant or corporation, etc.," should, I think, commend itself to many members of the Cumann na nGaedheal Party, because, after all, it is only fair to any official who might incur the hostility of the city manager that he should have the right of appeal to the borough council. The managership to be set up will, after all, only be a human institution, and the manager for the time being will not be a superman. I suppose we can take that for granted at any rate. I am quite confident that the amendment moved by Deputy de Valera is one that will appeal to the citizens of Cork of all classes.

The board of aldermen?

Not the board of aldermen, but the amendment with that exception. If in order, I would suggest to Deputy de Valera that he should delete the words "board of aldermen" and substitute for them the words "borough council." The amendment would then be more acceptable to me. One does not want to see a second chamber set up—a board of supermen, as has already been said. I intend to support the amendment in the absence of anything better.

I think I said at the beginning, when I came to deal with this Bill, that my sole concern was good democratic government and sound administration in Cork, and I propose dealing with this amendment in the same spirit. Frankly, I find it rather difficult to keep that particular philosophic attitude of mind in face of what seems to me—I do not want to be unkind about it—a certain amount of woodenness on the part of those who have drafted this Bill. There does not seem to me to be a desire to reach out for the co-operation of broad-minded men prepared to co-operate in getting a proper Bill through, and I suggest that, in any further discussions on this whole Bill, we should recognise that more. It is a fact, and a fact which has to be taken into account, that the majority for this Bill is ridiculously small. It is a fact, too, that has to be taken into account that in that majority, as made up, there is a section representing a considerable voting power in this Dáil which does not represent voting power outside. You have a nominal majority here in favour of this Bill up to the present. What I am saying now is towards the line of asking that there should be consideration of the fact that there is very definite and strong opposition, and that it ought to be taken as sincere opposition, to a good deal that is in this Bill. The Government ought to recognise that, and ought not to attempt to force it through by factitious methods. Take, for instance, the whole representation of one of the universities.

What has that to do with this amendment?

It has, in so far as we are dealing with this question. What we are asking is that there should be broadmindedness shown in meeting us on this matter.

We are dealing with the question of setting up a board of aldermen.

The majority by which it is going to be set up. We are told that this is to be settled in this House by argument. We know perfectly well that it is not. The bell is rung and the arguments come up, and when the arguments do come up we are so small in numbers on balance that, on analysis, they represent, I think I would be safe in saying, an actual majority of electors of something in the nature of .005.

Will the Deputy consider the suggestion of Deputy Anthony of withdrawing the idea of a board of aldermen.

I will come to that. At the moment, what I am suggesting is that we should recognise that a Bill of this kind, which is going, unfortunately, to be the basis of local government for the country, should not be treated as a matter to be decided simply by little majorities of that kind. A small council of fifteen—that is what is behind it. There are 152 members in this House, and 20 of us are here discussing this Bill. Remember the others are in the building. If we demand of our local representatives no more sense of responsibility as to the duties which they ought to perform, then we have to ask ourselves, what sort of a quorum are you going to have if you have fifteen members. I suggest two, or less than two. I think you ought to face that fact. I am in favour of a small council unhesitatingly. I am not putting a tooth on it, and never did, but I am in favour of a council large enough to provide something approaching a quorum, and I do not think you will get it with fifteen.

We are not discussing the size, but the functions of the council.

May I suggest that the Minister did nothing else, and I am following the Minister step by step. I resent the fact that the Chair should not know that I am doing so. I am trying my best to follow the Minister step by step.

Perhaps the Deputy would allow me for a moment. The Chair has stated that the Deputy is not keeping to the amendment. There is nothing in the amendment dealing with the size of the council, and the Deputy must keep to the amendment.

Is the Deputy not entitled to follow the Minister? Surely that has been the rule up to this.

The Minister, the Deputy and every other member of the House must keep in order.

Mr. BOLAND

On behalf of this Party, I must protest against a member of our Party not being allowed to follow the Minister. You have said that the Minister must keep in order, but the Minister has not been called to order, but this particular member of our Party is constantly being called to order for following Ministers.

He is not following anybody.

I am not objecting to anything the Minister said. As far as I could see, all that the Minister did say had to be said in relation to this amendment. I am not blaming him in any way. I think in what he did say that he tried for once to get into the spirit of the point of view that we are arguing.

I want to make it clear that the Minister was in order in dealing with the amendment and with the board of aldermen with which the amendment deals. I am only asking Deputy Flinn to do the same.

I am doing exactly what the Minister did. I am following him point for point, and I certainly do not think that I ought to have been obstructed in the manner that I have been. There is a resolution of the Employers' Federation coming up in the Dáil. It is being hawked around Cork at the present moment.

That is quite right.

And in order to get it signed they have had to drag in the second portion of this amendment.

I know that, too.

And it has been signed, to my knowledge, by people on that basis. It is being hawked round from door to door, and it is coming up, to my knowledge, with a certain number of signatures which cut out even that amendment. I understand that Cumann na nGaedheal is in favour of that.

Is the position with regard to the board of aldermen so poor that it has to be argued on the protection of employees?

I have an amendment here dealing with the second clause in it. Is it any business of the Minister to interfere?

It all hangs on the board of aldermen.

No. As far as I understand the board of aldermen, it is going to be a sort of general purposes committee. I am in favour of a general purposes committee, whether you call it by the name of aldermen or not, though I do not like the name of aldermen. I am in favour of a general purposes committee which might meet considerably oftener than could the council. I see a good deal in the council not choosing—I do not think Deputy Anthony meant it in any strong sense —not necessarily supermen, but five of the best men whom they could choose, and who would be more continuously in touch with the details of what happened in all these cases. Deputy Anthony is as familiar as I am with these boards—harbour boards, etc. They form sub-committees, because fifteen or twenty men would not discuss the various questions that would come up for consideration. This board of aldermen, as I understand, would be a responsible and continuous sub-committee. Deputy Anthony may object to the word "aldermen," and I do not love it, but I think that he would be in favour, and I think that most people who think this thing out fairly would be in favour, of some sort of a general purposes committee being set up.

But not necessarily aldermen.

You can call them what you like; the name is of no importance. I am in favour of a general purposes sub-committee selected by the members, and regarded by the members to be specially qualified, who would keep more particularly in touch with what is going on. There is common agreement on that.

The aldermen are not to be selected by the whole council. They are to be there by virtue of the fact that they were elected at the head of the poll.

I think that is the basis of the misunderstanding on the part of Deputy Anthony in this whole scheme. The name "aldermen" is taken because it occurs in the Bill, but there is in this amendment a definite proposition by which the board of aldermen would be chosen at the same time by the whole council as the Lord Mayor by the whole council.

I think there would be common agreement, if we had a talk around a table about the desirability of having a general purposes committee, and we could square out any difficulties as regards names and functions which might arise. I suggest that the Minister should accept as a principle that there shall be this general purposes committee, specially qualified men selected by the council. Once that is accepted in principle the details can be very easily settled between Deputy Anthony, the Minister, Deputy de Valera, myself and others interested in the matter. If the Minister wants to concentrate on that clause I will leave it at that, and go back to Clause 4 afterwards. I suggest that the general principle of that should be accepted as a principle which unites instead of divides the House on this Bill.

I certainly am not prepared at this Stage to admit in any way the necessity for enshrining in legislation a provision for a general purposes committee, with a definition of its duties. I am not prepared to admit at this stage at all that the thing is necessary. There is nothing to prevent the council setting up any committee it wants to set up, but I do not want to introduce in this particular scheme as between the council with full responsibility, and a manager who has clearly defined responsibilities, any other kind of a body that will blur the position of one or the other. That is the position as far as the board of aldermen is concerned. With regard to the suggestion that the second part of this particular amendment is being accepted in one way or another by people making any representations from Cork, the only representation I have had made in any way that would appear to be representations that Deputy Flinn suggests is the following short statement:—

"We, the undersigned ratepayers of Cork, beg to express our approval of the Cork City Management Bill, 1928, and to record our concurrence in the following resolution unanimously adopted by the joint Councils of the Cork Chamber of Commerce and the Cork Incorporated Chamber of Commerce and Shipping, and confirmed by a general meeting of the members of the two Cork Chambers of Commerce held on July 9th, 1928:

"‘That this meeting of the members of the Cork Incorporated Chamber of Commerce and Shipping and the Cork Chamber of Commerce, approve of the Cork City Management Bill, 1928, but consider that the officials appointed by the Local Appointments Commission should have the right of appeal to the Minister in case of suspension or removal from office.'"

So that there is nothing, as far as I know, in the statement that representations were made to me from Cork that a board of aldermen is wanted for the purpose of protecting the officials there. The Deputy apparently has made some mistake in the matter.

Is the Minister aware that a meeting of that very august body, or a meeting of the two august bodies to which he referred, was held before the date mentioned in that letter, or petition, and that the council dissolved without coming to any decision, and that it was only after a special whip had been made of every reactionary in Cork that they were able to pass that resolution —a special whip of all the people who were inimical all along the line to the national aspirations of the people of Cork and the Saorstát, and that it was only after a strenuous whip they were able to pass that resolution. I would like the Minister to examine the signatures to that resolution and the personnel of the two chambers, and he would see then who are the people behind this Bill and who are backing it up in Cork. They never did a day's work for this country, and they never will.

I hope it is clear to Deputies that I did not quote this——

The people who signed that document were hunting the Minister when he was on the run, and they were hunting the President, and those are the people who have dictated this Bill.

The reason I mentioned this communication from Cork was to avoid a false impression being created by what Deputy Flinn said about the document. I ought to be allowed to correct impressions of that particular kind, particularly when we had an ad misericordiam appeal with regard to officials, and their security in office under a tyrant manager, dragged across the discussion here as to whether it is necessary to have a board of aldermen or a general purposes committee introduced by statute into a scheme which provides for a small council in Cork with full powers for the government of the city and a manager charged with responsibility of administration.

Let the Minister be consistent? Why is the Minister seeking to introduce by statute the name of the man chosen to be commissioner, a thing which is unprecedented in this or any other country?

We can discuss that on the next section.

Mr. BOLAND

As we go on, the real motive behind this Bill is becoming more evident. We have it from the Minister that he wants no sub-committee and no board of aldermen. As has been pointed out, at meetings of the council you will find only two or three members turning up, for they have practically no powers and can only endorse what the manager says. The Minister has simply shown us his mind and the mind of the Cabinet. The whole idea is that municipal government is to be completely revolutionised. The work that had been done by committees in Dublin and Cork is now to be done by managers. All that is asked for in this amendment is that there shall be one sub-committee which shall supervise the manager's work, be in close touch with him, and know exactly what he is doing. I think that that is the very least that could be given towards local control. I do not like the word "aldermen," but we think that the sub-committee should be elected by the council, which we think should be larger. Provision should be made for that sub-committee in the Bill, and, if it is not, the manager will be able to do what he likes. Nobody will take much interest in things, as nobody will have much power, and you will have a civil servant doing all the work. The Minister mentioned that this was going to be a representative body, but I have shown him that it is not as representative as it might be. He knows that now. Anyhow, we were beaten on that, and you are going to elect them in three instalments. The Minister made no case against the amendment. He wiped out every sub-committee that was formerly in Cork, and it will be the same in Dublin. The reactionary people who induced him to do this are the very people, as the President could tell us, who got Dublin a bad name thirty years ago. The list of people which the Minister read out here contains the same type of people, as Deputy de Valera pointed out last week, who paid more attention to their own business than to that of the city, with the result that Dublin bacame a by-word. It is at the dictates of these people that we are going to put the principle of local government under foot, and it is just a foretaste of what we will get later in the case of Dublin. I submit that no case has been made against the amendment.

Unless I am misinterpreting the amendment I do not see the necessity for the inclusion of the first portion. The manager is not prohibited from consultation with the members of the corporation or any number of them, much less with a restricted number, such as a board of aldermen. He is entitled to do that. If there were no amendment such as No. 35 there would be nothing to prevent the manager from taking the members of the corporation into his confidence and consulting them.

Mr. BOLAND

They have no rights in the matter.

They have no rights according to this amendment.

They have the right of consultation.

That right is there already. He is not bound by any decision if they come to a decision. There is no indication that they are entitled to come to any decision, but he is simply to consult them. I do not know if Deputies opposite have read the sub-section, but that is how I see it. There is no prohibition on the new council to set up any committee, much less a sub-committee. Deputy Flinn called it a responsible and continuous sub-committee. I would not call it a sub-committee. The council in Cork has power to set up a general purposes committee, if that body, when set up, constituted a smaller number of its representatives. That would be a sub-committee, but to call this a sub-committee is wrong. I do not know whether the Deputy meant anything particular about it, but there is no prohibition on the council to set up a committee. From my experience I would not confine membership to the aldermen of the council. There were committees of the Dublin Corporation, when I was a member, which were necessarily manned according to statute by aldermen. I do not know the reason of that, but I think it had some connection with the old mediaeval idea that boards of aldermen were a very responsible part of such institutions. This is really something which existed in the pre-1849 period of municipal bodies in this country, and I do not think that it is a good idea to resurrect it according to statute. As I say, there is no prohibition on them from doing this as the Bill stands.

As regards the second part of the amendment, I find myself in this position. It is more than likely that the principal business of the council, if this is allowed to stand, will be to review all those cases in which the manager is of opinion that a person should be dismissed. That will not be in the interests of efficiency, of efficiencies of service, and, certainly not, of the good name of the Corporation. If we are talking so much about democracy, why have you got two-thirds majority? I understand that the main purpose of the Bill is to take away from the council questions of detail in connection with municipal management which form the basis of discussion in most councils, certainly in many of the councils that I read about. It is by no means a good system. I believe that there is general agreement here, and even outside, that there must be efficiency and capable service on the part of servants of municipal bodies. I ask anyone who has experience of public bodies to say whether, from their own recollection or from what they heard, there have been cases of victimisation by public bodies. Is it not quite the other way, that the weaknesses, the imperfections, the inattentions to duty have been the causes of canvassing with a view to exercising charitable instincts, as we are told? "Why do this hardship to this poor fellow?" The result of all these acts of weakness on the part of the municipal bodies is a lessening of the morale of the whole body of municipal servants. I ask, having regard to that experience, which I think anyone with a knowledge of public affairs will admit, is this going to improve the municipal service in the City of Cork? Is there really in this House a suspicion that the term of office of any officials of the Corporation will be prejudicially affected by this manager? I see that Deputy Corry nods his head. He is the only one.

Very good suspicion.

Very good. Then there is very little hope for human nature. Here is a very responsible official going to misuse and abuse his power and authority.

You all did that.

That is not a very intelligent interjection.

It is true. You all abused your authority.

Perhaps the Deputy would give cases.

The execution on the 8th December was an abuse of authority.

Now we have it. Can we not consider anything without bringing in those matters? I am speaking about dismissal by a person having power and authority. That is the question here. I will discuss the other matter anywhere or at any other time.

Does the President want a concrete case?

I will give one if the President will listen, with all respect to him. Deputy Barry Egan, who is a member of the President's own Party, will have to bear me out in this concrete case. I am able to give others. An employee of the Cork Corporation, holding a fairly responsible position, namely, that of ganger, was late by seven minutes for his work one morning. He is a consumptive with a hacking cough and the morning was very cold. It was sleeting and raining. The man had never a charge against him during his service in the Corporation. He is a man of high character and he gave efficient and useful service for 25 or 27 years. I am not going to confine myself to 25 or 27 years, because I like to be accurate in these matters. I am cutting out his good service. He was sacked because he was seven minutes late. He is now dying of consumption. Deputy Barry Egan knows the facts as well as I do. The President asked for a concrete case and I have given it.

Is that the only one?

I could give others. You challenged us to give one. I also wish to state that Deputy Barry Egan and I went to the Commissioner as a deputation to get the man reinstated. He has not been reinstated and is now dying.

Since Deputy Anthony has been good enough to introduce my name to this matter, I might say that the first time I heard about this particular case was on yesterday when Deputy Anthony told me about it in the presence of a third party.

In the presence of a leading member of Cumann na nGaedheal who impressed upon Deputy Barry Egan——

Deputy Anthony must sit down. Order, please.

I heard it yesterday from Deputy Anthony and from a strong supporter of Cumann na nGaedheal, but I did not hear the other side of the question, and I am rather careful not to judge any matter such as this without hearing both sides. I think it is a wise practice to follow in public life. I have no doubt that Deputy Anthony's sympathies and my sympathies, when I have inquired into the facts of the case, will be on the side of the man, but before passing any judgment on this matter or saying definitely whether an act of justice or of injustice has been done. I would like to hear the other side of the case from the City Commissioner.

Might I ask whether Deputy Egan approached the City Commissioner in company with Deputy Anthony in regard to this case?

Not to my recollection, in reference to this case. I went yesterday with him about two other cases.

I would like——

This is quite outside the matter under discussion.

Deputy Egan had gone to the Commissioner before I did. Cumann na nGaedheal in Cork had charge of it. An officer——

Deputy Anthony must sit down.

That is the case. Deputy Anthony has made a good case, but during my time as a member of the Dublin Corporation I heard a much better case made in respect of worse instances. Taking it that the facts are as the Deputy has said, it is a charitable act on the Deputy's part. The man was paid to be there at 7 o'clock. I admit that if he were in my employment I would not dismiss him for being seven minutes late, but there is another question involved when he is an employee of a public body. I am not at all saying that I would dismiss him if I were a member of a public body, but we should recollect that in the public service attendance at a specific hour is demanded.

Which members of this House are not giving now.

That is another question. The Deputy himself was absent for quite a long time during another discussion. It is not possible to be here all the time. The point we have got to consider is the principle involved, the principle of responsibility of a particular person. Deputy de Valera's amendment seeks to review a decision of that sort. A review might mean, after inquiring into all the facts of the case, affirming the order, but not affirming the justness or the correctness of a decision. I will not go so far as to say that it is plain from the amendment that it is really within the competence of this body to judge on the merits. The Deputy would not answer if I were to put him the problem that if a man were half an hour late and if two-thirds of the council considered that he should be reinstated, whether that would be right or wrong. It is not clear according to this. That might occur in every case. What I see wrong about this amendment is that it opens the door to canvassing again of two-thirds of the council. I would venture to say that it should be a majority of the council, if it is to be in the Bill at all.

Mr. BOLAND

What is to prevent canvassing of the manager?

The Deputy knows that the manager is responsible for the efficient government of the city and that he will not be kept in office or that the Minister will not be in favour of keeping him if he does not carry out his duties.

Who is going to decide? What is to prevent canvassing of the Minister for Local Government?

Mr. BOLAND

That is what it boils down to. Who will watch the watchers?

The whole case is being made for reducing the thing to one on the principle that there may be fewer people to be corrupted. The President made a speech which was purely and simply a series of debating points. He has made no attempt fairly to envisage what is, in principle, behind this thing. He says that you are going to have canvassing of the board, of which two-thirds have got to vote. He says human nature is responsible. Behind that, if it means anything, is this meaning, that in no public board can you get one-third of your elected men honest. That is the plain issue. The official who has to be supported by the to-be-canvassed Minister for Local Government is the only man who is honest. We predicate, that is our basis and premises in our whole argument, that in local administration you cannot get one-third of the whole representation, by any system of election, which will be honest. Human nature is to apply to all the elected members, but not to the to-be-canvassed manager appointed and holding office at the will and the pleasure of the to-be-canvassed Minister for Local Government, dependent upon four votes in this House, capable of being thrown out if he refuses to be canvassed, apparently at the present moment, by any two members of this House. Human nature! They have found some extraordinary system by which they can find for the government of local administration the honest men that they cannot find to put on their own front bench. They have found some patent system by which they can distribute all over the country men whom they cannot prevent strategising down the country in relation to roads and bogs. Human nature is to operate for every one of us, but not for the to-be-nominated servants of the to-be-canvassed Ministers opposite.

That is a typical speech.

And it is true, every word of it.

The empty vessel is making a lot of sound.

Let you answer it.

Here is the Deputy standing behind only one-third of the new municipal council as being honest. The majority for me, if anything at all.

It might help if we were brought definitely back to the proposal and argue it on its merits. I think that Deputy Anthony would be easier in his mind in voting for this amendment if he looked back to the amendment on Section 5: " The members of the council, at the first meeting after their election and at the first quarterly meeting in each subsequent year, shall elect from their number by proportional representation six persons who shall be aldermen. Any casual vacancy in the body of aldermen shall be filled by election by the members of the council." As the question of number is left in suspense, and as I hope that the majority of Deputies will stand for a fairly big council——

Was that amendment defeated?

It was not moved.

Pending a proposal as to numbers by the Minister. When you are getting rid of the one argument that there is for a small council, namely, that it has executive functions—that is the only substantial argument that there is for a small council of fifteen—once you get rid of that as you are, by the Bill itself, by vesting executive functions in a single individual, I hope that the majority of Deputies will stand for a council big enough to be representative of all sections and interests in Cork. I indicated roughly what I thought would be a reasonably-sized council, and I gave thirty as the number which I was prepared to work on as a basis. I indicated on Second Reading that any number, say, from twenty-five to thirty would satisfy me. Sometimes it is convenient in matters of this kind to have a certain amount of latitude, when you are drawing up amendments, as to the precise number. For example, if you are dividing Cork into three areas, it might be found that to give more accurate proportional representation a number like twenty-seven or twenty-eight or twenty-five would be better. I would certainly be prepared to meet the difficulty of any situation of that kind by taking a number between thirty and say twenty-five. Roughly, from twenty-five to thirty would be the range which I think we ought to have before us when we are picturing the size of the council. A smaller council would not be sufficiently representative of the interests in Cork to allow a proper decision to be taken on some of the matters that will come before the council.

We all know that when you have a body of fifteen, four or five will be unavoidably absent. Four or five will roughly be the number out of thirty or twenty-five, just as out of fifteen. It may not work out absolutely like that, but generally you find that there is a certain number absent, and that it is not proportional always to the whole size of the council. Allowing for the unavoidable absence of four or five in a council of fifteen, you have practically a working council taking decisions with, say, ten present. Six will be a majority, and their decision may very well not be a decision which will be as representative of the position as you will get if you have a fuller council more thoroughly representative of the interests involved.

I agree with the Minister that it is mainly because I have in mind a council of that size that I am anxious to have a smaller body that will be able to keep in touch with the manager. What is the necessity for keeping in touch with the manager? First of all, with a man who has such power as is going to be given to this manager, it is good for him to know that there are people examining the particular details of his administration. They may not have power to interfere, but they will have, at a certain time, the power to criticise, and their criticism will be effective because it will be informed criticism. They will know the details. We have very often to criticise matters of administration here, and I wish there was an arrangement by which it would be possible to get in closer touch with the details than it is at present for those in opposition, even though those keeping in touch were only able to keep in touch from the point of view of collecting information as to exactly what was being done.

There is another function proposed here for this small body. We know very well that when a manager takes action in any particular case it becomes very difficult for him, if he is going to maintain his authority, to reverse engines and do something else. It is very much better that members of the council, representative of those ultimately affected, should have an opportunity of making representations before the final action is taken. If a manager proposes to take a certain action—suppose it is a question even of dismissing a certain official—it is a very useful thing that certain representations could be made. I have given the example of an official, but that actually is not the case in which it would apply; but we have no other definite case coming before us where representation should be made. I am not able to give at the moment a satisfactory example of the type of action which was in contemplation about which representation would be made, but we can easily see in the case of a manager having all the functions he will have, that occasions will arise in which the representatives of the people should have an opportunity before he takes action of making representations of a certain kind to him. They cannot make representations if they do not know that a certain thing is to be done, and the value of having this board as a consultative board will be to provide machinery by which representations might be made if the manager said that he proposed to do so-and-so. That is the idea of consultation. They might make representations to him which might very well make him change his mind on the matter. I believe that there is very often an advantage in a multiplicity of counsels of this particular kind, provided that finally the man has the responsibility of taking the action, having heard such representations as are made.

That is not going to weaken him in the slightest in his executive authority. It is not going to weaken him in his determination to act in the way he thinks right. In fact, a man who has heard representations, and has weighed the pros and cons that have been put forward, and who, after having heard these, is still satisfied, is really in a stronger position than if these representations had not been made because he feels, if there is a definite body bound to make representations of that kind, that the objections will be formally put forward and that he will not lose sight of them. If he is satisfied that he should not act in accordance with them, then he is really stronger, because he has satisfied himself that the objections to the line of action which he proposes cannot be sustained. There is no weakness in that at all. It is not going to weaken the manager; it is going to strengthen the manager. I hope, at any rate, that it will be provided somewhere in the Bill that the manager will be ultimately responsible to the Council. I do not expect the Minister wants to remove the manager from being ultimately responsible. Therefore, if there is a question of his having to account for his actions he is in the strong position that some representatives on the council already know the details of the case and that they are going to judge it with information and not pass judgment in the manner in which judgments sometimes are passed in matters of that kind—more or less on hearsay and on some general statement made and not substantiated. So that, in fact, the position of the manager would be strengthened, and at the same time he would be prevented many times from doing harm. It is a good thing for a man to know that he is being watched. I do not use the word "supervise" because it might be given a different meaning from what I would like to give it if I used it here. If a man's actions are under observation, it is a good thing for him, and even keeps a man straight where he would be inclined to be weak if he felt his authority was altogether arbitrary. Accordingly, I hold you should have, for proper representation, a council much bigger than fifteen, and if you want to keep constant contact with the manager to help him and to strengthen him as well as to prevent him from doing wrong you ought to have a body of this kind.

With reference to the name "alderman," I do not mind about the name at all. The name occurred in the Bill and I simply took it. The aldermen in the Bill have no functions at all. If, on the other hand, you make them a body to be elected by the council, you give them very special functions over and above those of the ordinary councillors. You associate them in a certain consultative capacity with the executive government of the city. But as that name comes to hand. I do not see any particular reason for rejecting it. I do not mind what name this body goes by. It was the definite name to hand and I put it down. I hope the Minister will not adhere as rigidly as he appears to be determined to do to the proposal that the body shall be of the small number of fifteen. I hope he will make the council sufficiently large to be really representative. What is his reason for small numbers? Length of debates, is it? The only arguments for reducing the numbers to small dimensions is that there may be lengthy debates. Very well. You can get four or five sitting around a table—that is my experience —that will cause as lengthy debates as the members of a council of thirty. They have to act in a more formal manner than persons sitting round a table. You introduce a certain amount of formality when you have a large number. It helps to get through the work. Particularly as they will have to make decisions only on big matters, I do not see any reason why the council ought not to be fairly large. If it is large you will want a small body to keep in touch with the executive work, and you can give them a number of other functions. That one that was indicated about dismissal simply fitted in, and that is the only reason for associating it with the setting up of the board.

Deputy Anthony, who says he supports this amendment, shows quite clearly that he appreciates my point of view in not wanting to have a board of aldermen or anything like that to come in between the council and their responsibility and the manager. There is nothing to prevent the council setting up any committee they want to set up. I am not prepared to legislate in such a way that they will have to set up a general purposes committee or a board of aldermen or anything like that. In the first place, it would be providing in a statutory way that a certain body, which I am not convinced is required, should be formed. It would be putting a statutory obligation on the council to set up a body that they might think was not wanted. If they want a body to carry out any particular class of work, they can set it up. On the other hand, from some of the remarks of Deputy de Valera, one would think that the manager was going to live in Belfast or somewhere like that, and to make his moves and issue his orders as to what should be done in carrying out the work in Cork, without any possibility of touch with the council, the Lord Mayor or anybody else.

The constant co-operation and the constant touch between the council and the manager is essential for success in the proper running of the city. And the council must and ought to be able to take steps to provide for that. So that, so far from the council being blind as to what exactly are the main things the manager is doing, and the main business he is pushing ahead at any particular moment, the council ought not to be in the dark in regard to them. But I can imagine the council being in the dark if you interpose between the council and the manager a smaller body. I can easily imagine the smaller body going beyond its region and interfering with the manager in his own responsibility. In so far as the Deputy suggested that a small council will give you a very small quorum, I am not prepared to accept that right away, because when you hear analogies drawn between this House and the attendance in the House, and a municipal council and the attendance at a municipal council, you have immediately to realise that the comparison is being strained. The class of work from the point of view of each of the individual Deputies here is very different from the class of work which would be going on in a municipal council from the point of view of each of the individual representatives there. I do not think there is any point in the smallness of the quorum, and if there is, it is all the more reason for seeing that the council as a whole attended to matters that should be attended to in that particular way rather than that a smaller body should do it.

Is the Minister prepared to incorporate in the Bill a clause providing that there should be a court of appeal from the decision of the manager?

I have said that I shall give consideration to amendment 26 in Deputy de Valera's name, which has not been moved. The matter will come up for discussion on Report Stage. It suggests the making of certain regulations governing the promotion and removal of certain officers of the council, so I suggest to Deputies that paragraph 4 there ought not in any way to inferfere with their decision on paragraph 3.

Seeing that Deputy de Valera's amendment has not been moved to Section 5—to delete sub-section (2) and to substitute——

Let me make the position clear. Both parts of the amendment were moved and were withdrawn.

Deputy Anthony is now speaking of amendment 14.

I thought he was speaking on amendment 26.

If some accommodation could be arrived at between Deputy de Valera and the Minister—I am throwing this out as a suggestion— and if Deputy de Valera would withdraw amendment 14 and substitute for the board of aldermen the borough council, would that meet with the Minister's approval.

The foundation of the amendment we are dealing with, at the present moment, is the suggestion that the manager shall exercise the powers, functions and duties conferred by sub-section (1) above after consultation with the board of aldermen. If the Deputy suggests that the manager should exercise these powers and functions after consultation with the council, I suggest it is meaningless, as you are dividing certain powers and responsibilities between the council and the manager.

That is my object. I want to invert the whole Bill, if I possibly can. I am quite frank about it.

These are the Cumann na nGaedheal instructions to their own Deputies.

Perhaps it would be well to inform the Minister and Cumann na nGaedheal Deputies, who I hope will do something to rehabilitate themselves in Deputy Flinn's estimation at any rate, and not to act as dumb driven cattle—it may be just as well for their information to let them——

AN LEAS-CHEANN-COMHAIRLE

Is the Deputy speaking to the amendment?

——understand, and particularly the County Cork Deputies, that Cumann na nGaedheal in Cork, at any rate, instructed their Deputies to vote against this Bill. I want also to emphasise this fact. Across the House the other evening I asked the President did he intend to take the Whips off certain divisions, and he stated he did not.

Is the Deputy speaking to the amendment?

Yet some of the Cumann na nGaedheal Deputies who go back to their constituents preaching democracy act here in the most autocratic fashion possible.

Would it be in order for me to suggest through you to Deputy Barry Egan that he produce here the minutes of the Cumann na nGaedheal meeting at which the thing was decided?

I must protest against Deputy Flinn's impertinent suggestions.

Amendment put.
The Committee divided: Tá, 60; Níl, 65.

Tá.

  • Allen, Denis.
  • Anthony, Richard.
  • Blaney, Neal.
  • Boland, Gerald.
  • Brady, Seán.
  • Briscoe, Robert.
  • Buckley, Daniel.
  • Carney, Frank.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Clancy, Patrick.
  • Clery, Michael.
  • Coburn, James.
  • Colbert, James.
  • Colohan, Hugh.
  • Cooney, Eamon.
  • Corkery, Dan.
  • Corish, Richard.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Crowley, Tadhg.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Fahy, Frank.
  • Flinn, Hugo.
  • Fogarty, Andrew.
  • French, Seán.
  • Gorry, Patrick J.
  • Goulding, John.
  • Hayes, Seán.
  • Hogan, Patrick (Clare).
  • Holt, Samuel.
  • Houlihan, Patrick.
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Kent, William R.
  • Kerlin, Frank.
  • Killane, James Joseph.
  • Killilea, Mark.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • Maguire, Ben.
  • MacEntee, Seán.
  • Moore, Séamus.
  • Murphy, Timothy Joseph.
  • O'Connell, Thomas J.
  • O'Dowd, Patrick Joseph.
  • O'Leary, William.
  • O'Reilly, Matthew.
  • O'Reilly, Thomas.
  • Powell, Thomas P.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Sheehy, Timothy (Tipp.).
  • Smith, Patrick.
  • Tubridy, John.
  • Walsh, Richard.
  • Ward, Francis C.

Níl.

  • Aird, William P.
  • Alton, Ernest Henry.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brodrick, Seán.
  • Byrne, Alfred.
  • Byrne, John Joseph.
  • Doherty, Eugene.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Egan, Barry M.
  • Esmonde, Osmond Thos. Grattan.
  • Fitzgerald, Osmond Thos. Grattan.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Gorey, Denis J.
  • Hassett, John J.
  • Heffernan, Michael R.
  • Hennessy, Michael Joseph.
  • Hennessy, Thomas.
  • Hennigan, John.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • Leonard, Patrick.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Cooper, Bryan Ricco.
  • Cosgrave, William T.
  • Crowley, James.
  • Daly, John.
  • Davis, Michael.
  • De Loughrey, Peter.
  • McDonogh, Martin.
  • McFadden, Michael Og.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Nally, Martin Michael.
  • Nolan, John Thomas.
  • O'Connor, Bartholomew.
  • O'Donovan, Timothy Joseph.
  • O'Leary, Daniel.
  • O'Mahony, Dermot Gun.
  • O'Reilly, John J.
  • O'Sullivan, Gearoid.
  • O'Sullivan, John Marcus.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • Vaughan, Daniel.
  • White, John.
  • Wolfe, Jasper Travers.
Tellers: Tá. Deputies Gerald Boland and Allen. Níl, Deputies Duggan and P.S. Doyle. Amendment declared lost.
Question—"That Section 9 stand part of the Bill"—put and agreed to.
Ordered: That progress be reported.
The Dáil went out of Committee.
Progress reported.
Barr
Roinn