Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 1 Dec 1943

Vol. 92 No. 4

Vocational Education (Amendment) (No. 2) Bill, 1943—Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."— (Minister for Education).

I have given the House a fairly lengthy exposition of our views on this Bill, and I wish now to summarise some of the main points. All Parties in the House are agreed, I think, as to the importance of vocational education. It is a new service in the State and has been well received by the citizens. It may not have attained a uniform level of excellence all over the country. There may be the usual ups and downs in the standards. It may be better in the cities than in the rural parts, but, viewing it as a whole, it is a very important service that has proved its worth. We know that the commercial prosperity and the power of other nations have been assisted by a proper recognition of, and support for, technological education. We know that in the postwar years, too, this branch of education will be of extreme importance. We cannot have a developing industry and a flourishing commerce without the men to man them, and unless we have a proper perspective of vocational education we are going to be faced with grave difficulties in the development of this part of the life blood of our nation.

It is for these reasons that we have supported, in general, the financial provisions for the expansion of vocational education, and, because we desire to advance this branch of education, we have shown great concern in regard to the sections of the Bill affecting officers serving under vocational education committees. These points, which I have dealt with very fully, are summarised under the headings of retiral age, suspension and dismissal, and the application of these measures to the officers who at present hold office under the different committees. I need not emphasise that we believe in efficiency. We believe in high standards. We want to elevate the level of the profession in order to have proper harmony and a proper spirit of cooperation. We want to safeguard the conditions of employment of these officers who are engaged in giving us their valuable services. I have given reasons why we do not object to the fixing of a retiral age, provided, however, that the principle already adopted, though somewhat in abeyance at present in the Department, of adding years of service for pension purposes is admitted. I stress that point. I think that if we recall that the older officers in the service, whose number is diminishing year by year, were pioneers in the service, were called upon to man it as a new extension of our educational system, we must realise that they deserve special consideration in this respect.

Forty years of teaching is enough for any man, but there are some of these men who still feel that they are capable of giving many years of excellent service to the State and think that there is discrimination against them. They find, for instance, that professors in the universities may go on until they have reached the age of 70 years. The main test that they wish to put is the fitness of the officer for educational purposes. If a man is fit they think that he should be continued in the service year by year, at least, over perhaps the actual statutory limit which may be fixed at 65 years in order that he will have some recompense for the lifetime of work that he has put into the service.

There is the question of pensions which is of extreme importance to these men because, in this service, there is no provision made for them or for their dependents when, for instance, officers die. This omission, of course, is a very grave one and hits the officers in a very serious manner. It requires them to make provision for their dependents, and for that reason, among others, they wish to have the maximum pension and the conditions under which they get it safeguarded. We have pointed out that there is no time limit in the Bill in reference to the question of the suspension of officers. We think it would be more just and more correct if there were some time limit in the case of suspension, so that there would be some determination of the case. Furthermore, we have stressed the fact that there should be payment of the remuneration of an officer who has been exculpated as a result of an inquiry, of an officer who has been declared not guilty. There should also be provision for defraying the expenses of an officer in such a case as that.

The withholding of his remuneration, while he is suspended, inflicts a grave hardship on an officer. It may prevent him, in fact, from obtaining the legal aid which it would be necessary for him to have in order to state his case, and, therefore, we think it should not be left in the hands of the Minister to decide whether or not, or to what extent, this remuneration will be returned to the officer when the period of suspension is over. If such provision is not inserted it would appear that suspension is automatically followed by dismissal, and in that case there is no sense whatever in an inquiry. We are not informed as to the type of inquiry, but we assume, unless the Minister makes a statement to the contrary, that "inquiry"—a sworn inquiry—will have the same meaning in this amending Bill as "inquiry" has in the Act of 1930 under Sections 105, 106 and 107 which I have quoted. We are not objecting to the power of suspension, but we think that, in fairness to the officers and in fairness to the rights of the committee, it should be a committee, with the approval of the Minister, following some definite procedure, which should have this right of suspension. In every case we hold that there should be a proper inquiry following suspension.

We have objected to Sections 7 and 8 particularly. I went into detail on these, and showed how they violate Section 99 of the Principal Act which preserved the rights, conditions and remuneration of the officers transferred to the vocational education committees. I want to stress now that I think that in a Legislature such as this no Bill should amend a Principal Act by implication, and that if there is to be the repeal of any provision in a Principal Act, it should be done specifically. In particular, I think that Sections 7 and 8 should not have any application to existing officers.

Section 8 gives the statutory grounds for removal. I asked for some more precise definition of unfitness, and suggested that the unfitness to be taken into consideration in respect of the dismissal of an officer should be educational unfitness. There may be different types of unfitness. A man may be unfit from the point of view of being a politician, but may be eminently suitable from the point of view of being an educationist. We have at present no idea of what may occur in the political life of this country. We have had in the past very embittered times, when there was a great deal of political rancour and bias which was injected in many cases into spheres into which it should not have been injected. There is no evidence of that at present, but we cannot say what the situation will be in the future and we look to the future in order to safeguard these men and to see that they are not victimised on account of some political, philosophical or sociological beliefs which they may hold and which may not coincide with those held by some future Minister.

It is quite likely—it has occurred in other Departments in the past —that officers with, say, advanced Labour, Clann na Talmhan, or other opinions, may find themselves politically opposed to the Minister and may find their positions, in so far as these opinions are taken into consideration, very seriously affected. We have not had any such trouble under the present Ministry, and, unless we have a statement to the contrary, which naturally we do not expect, we take it that the views of officers on these matters will not be taken into consideration when judging the question of fitness or unfitness.

I had occasion to object very strongly to that part of Section 3 which deals with the sending of a notice and the Minister informed me, to my surprise, that the Dáil had incorporated such a provision in a previous Act. I have since taken steps to look up the debates on the Local Government Act, 1941, and find, to my stupefaction, that the Minister is absolutely correct. Section 25 of that Act evidently slipped through the House without anybody whatever objecting to it. There seems to have been no reference whatever to it. The House evidently was not sufficiently aware of, or sufficiently interested in it, to check up on its serious implications. As a democratic Assembly, the House should have been very loath to pass such a section. In the Seanad, however, there was a reference to it by Senator O'Donovan, but he merely objected to the time limit of seven days which he held to be too short and which he asked should be increased to 14 days. It did not strike him, however, that the sending of a notice was the operative part of the section which would inflict the greatest hardship if the section were embodied in the Act.

The Deputy set out to give a brief summary of his arguments of last day. So far, he has been repeating them.

I am coming to the finish. That was the chief point which I particularly wanted to check up on, as, at that time, I was, as I said, in ignorance of the fact that the House had passed this section in another Bill. It gives us, however, an opportunity of rejecting this principle, which is a very serious one in that it takes away the rights of the citizen, even though that citizen be an officer functioning under these vocational education committees. We want harmonious relations in the vocational education service, and we do not want the officers to be under suspicion. We expect a liberal interpretation by the present Minister of the different sections of the Bill, more particularly where they apply to existing officers, but we cannot examine the Bill, and the Bill should not be examined, from that point of view, because we have no guarantee as to the mentality or outlook on vocational education of any succeeding Ministers.

They may be members of other Parties, when the Minister has taken up another position, and their views on vocational education may not be the same as his, and they may not be as liberal in respect of these officers. If we have a Clann na Talmhan Government we may have a Minister for Education picked from some of the people with the mentality of the members of the Roscommon Vocational Education Committee, which alone amongst all the committees in Ireland refused to pay the bonus sanctioned by the Minister, although the Minister has taken no steps to enforce its payment. We have no guarantee as to what will occur in the future, and it was for that reason that we decided to take a very narrow view of the Bill, until we had got definite assurances upon it.

Finally, this Bill is supposed to bring us into line with other local officers through the country. The Minister for Agriculture has argued the same point with regard to his amending Bill, but the amazing thing is that the Minister for Agriculture does not require Section 8 which is embodied in this Bill. That Local Government Act, which is the basis of this amending measure, was passed mainly to suit the County Management Act. That was not a democratic measure, in our view, and, up to this, the vocational education committees and these agricultural committees are the only local bodies of a democratic character which are left. We propose under this Bill to rob them of any shred of power they have. That is not a very good purpose for any legislative assembly, and I think the House should resist the spreading of that power in relation to these committees. The Constitution provides certain safeguards for the citizen. It may not be the proper place to raise the matter, but I doubt whether these sections are not in conflict with, or even ultra vires, that Constitution. They are, if they are interpreted, as I interpret them, as a deprivation of the elementary rights of the citizen and, as such, should be resisted by the House.

I propose to address myself to an aspect of this question other than that which Deputy Connolly has touched on, although I may perhaps be permitted to make some reference to the points he has mentioned. I want to raise with the Minister the question of whether this Bill should be enacted without a general inquiry into the present position regarding vocational education. In addressing myself to that question, I am limited to the extent that I propose to refer only to the rural areas. It is quite possible that the position in the urban areas is different from the position in rural areas, but I believe that there is great dissatisfaction with this whole system in the rural areas.

I should like to point out that this is an amending Bill of very limited scope indeed, dealing with two matters. One is— permission to councils to increase the rate for vocational education. The other is—the qualifications for membership of committees, and three items dealing with the age limit, suspension and removal of officers, and nothing else.

With your permission, Sir, I would respectfully point out that this Bill proposes to increase the rate both in rural and urban areas for vocational education. I propose to address myself to showing that that should not be done until an inquiry into the whole matter is held and the result discussed. I want to say that I view with very considerable misgiving the question of increasing the rate in rural areas for vocational education purposes without having some more justification for the proposal than appears up to the present, or than appears from the results of 13 years' experience of vocational education. It is 13 years since the Act was passed and, during that time, there ought to have been some detailed report as to progress. We have had no general report presented as to what actually has been the result. I am quite satisfied that in many cases throughout the country the attendance at vocational schools is only kept up by a great effort, and I have very considerable misgiving as to whether the system is justifying itself. I submit then that, in addressing ourselves to the question of providing increased revenue for that purpose, it is legitimate to discuss how far even the money that has been already expended for that purpose has been justified by the results.

This Bill does not touch upon the main principles of vocational education. The Deputy is entitled to give his objections on certain grounds. A review of the working of vocational education in urban and rural areas would not be relevant.

Unless I have lost entirely any knowledge of the English language, I respectfully submit to you, Sir, that the provision of moneys for a certain purpose invites the question of how far that provision can be justified.

This Bill only gives permission to increase the rate. There is no mandatory clause saying that they must increase it. It is purely voluntary.

Why ask for it? There has been no request for it by public bodies.

It is purely voluntary.

I think that before we make provision for local authorities to provide additional money for this service, whether it is mandatory or voluntary, we ought to be shown how far this service has justified itself. If that justification is reflected in half-empty vocational schools in various parts of the country, in lack of interest on the part of the parents and the children, and in growing doubts as to the wisdom of providing money through the local authorities, then I think it is time that the Minister should say something more in defence of this Bill than we have heard.

There is no State money in question. It is made permissible for the local councils to increase a rate next year.

If you, Sir, decide that I am not addressing myself to matters relevant to this Bill—and I very respectfully differ from your ruling—then I have no alternative but to sit down.

Surely the Deputy has a right to oppose the Bill.

Certainly. On an amending Bill which in one section gives powers to councils to increase the rate next year he certainly cannot be allowed to discuss the whole position of vocational education and its administration.

Would it be in order for the Deputy to give his views as to why we should not give these powers?

Provided the views do not entail a review of vocational education generally.

Surely he can give the reasons why he is opposed to this, as I intend to do myself.

Most of what I intended to say has already been covered by Deputy Connolly and some other speakers. There are two sections in this Bill which, in common with a number of other Deputies, I consider are of a rather penal character. I refer to Sections 6 and 9 of the Bill. It is proposed in Section 6, which deals with the question of age, to retire a number of persons who have reached the age of 65 years. I do not want to put down an amendment if that can be avoided and, therefore, I want to submit a case to the Minister which I feel certain will get his sympathetic consideration. He was a member of that profession and he ought to know some of the difficulties that have arisen in connection with the teaching profession in all branches in this country. I have something like 30 years' experience of the working of the old Technical Education Act, and of this Act as a member of the Cork Borough Committee, of which I am still a member. Therefore I speak with some knowledge of the working of both technical instruction and vocational education in this country. Under Section 6 of this Bill a very large number of teachers would not qualify for full pension because they would not have 40 years' service by the time this Bill becomes an Act and, therefore, would be retired on modified pensions after 30 to 35 years' service. If the Minister will consider the matter in all its aspects, I am certain he will have a good deal of sympathy with the case I am about to make. I know many cases where officers entered the service at the age of 30 years, having already served an apprenticeship to some craft or trade and gone through a technological teachers' course. A young man appointed at 30 years of age would not have 40 years' service which would entitle him to full pension, until he was 70 years of age. If he were retired at 65, he would be five years short of that service. I suggest that he has certain rights preserved for him under the 1930 Act. I suggest to the Minister that he should look up that Act and see in what way the rights of such an officer will be protected. The guarantee given to him under that Act has the same force as Article 10 of the Treaty has in reference to transferred officers from the British service. It guaranteed to these teachers that at the end of a certain period they would have certain pension rights. I feel that these men and women in the service will have a big grievance if they are compulsorily retired now. I suggest to the Minister that he should insert a sub-section in this Bill which would enable these persons I refer to to draw a full pension by giving them added years of service. There was a very old custom extending back over 30 years under which public officials who retired before they had the full 40 years' service were given added years of service to entitle them to full pensions. I think the solution in these cases is to add four or five years where they are four or five years short of the 40 years' service.

In regard to Section 9 of the Bill, I think here again the Minister should take into consideration all the facts in regard to the position of these teachers. Under this section the Minister takes complete powers of dismissal for certain reasons not specifically set out in the Bill. It may be that we have a very excellent Minister for Education now, but we do not know who the next Minister for Education may be or who subsequent Ministers for Education may be and it is to my mind a retrograde act to remove all power from the local committees. Having been connected with the old Technical Instruction Committee and with its successor, the Vocational Education Committee, for an unbroken period of roughly 30 years, I may say I have never yet met even one case of serious remissness on the part of any teacher. The arrangements worked very smoothly and I do not think this alteration would at all serve the purpose, which the Minister may have in mind, of creating more stability amongst vocational teachers or any other purpose. In fact, I hold the view that it would have a very disturbing influence on the whole position. I have said it is a retrograde step and I believe it is, if the section, as drafted in the Bill before the House, becomes operative.

In my view, which I think will be borne out by the very large majority of those engaged in vocational education, whether as members of a vocational committee or as teachers, the arrangements at present being carried out are perfectly satisfactory. There may have been in certain parts of the country some abuses. I do not know. I am speaking for the Cork Vocational Committee and the old Technical Instruction Committee, where there have been no abuses. We never had to invoke the aid of the Minister at any time to correct any abuses, because they did not exist. I would ask the Minister to consider the points I have raised in regard to Sections 6 and 9 of the Bill and to consider the grave injustice and hardships that would be inflicted by these sections as at present drafted on a number of most deserving teachers and, by the way, very successful teachers. Some consideration should be given to the fact that, in some of the trades classes for instance, these teachers have had to spend long years in training in order to satisfy the Department as to their qualifications to teach any given subject.

Section 9 of this Bill is a very penal section, in my view, which gives the Minister full authority. Nobody wants to take any authority from the Minister if the local vocational committees recommend that he should take very stern measures in regard to any given teacher, but Deputy Connolly made the point a moment ago that there may be outside influence brought to bear on the Minister. We are all human, and the Minister is only human. It might be quite possible that, assuming the Farmers' Party were in power in this country—which God forbid, because I know what would happen then—and assuming that they objected to certain members of the various staffs, there might be a Minister in power who, being only human, might react to demands or requests by any Party in this House. I do feel that the Minister is making trouble for himself and that we would be well advised to reconsider Sections 6 and 9 of the Bill, with a view to meeting the demands of a number of seriously minded educationists in this country. When I say educationists I am talking not only of those engaged in the profession of teaching, but those who are associated with them day after day and week after week on the various vocational committees in this country. I make this strong appeal to the Minister with regard to those two sections. I believe something must be done in regard to those two sections to arrange matters so that no injustice or grave hardship will be inflicted on those people.

Leave is given frequently to teachers to absent themselves from school even for months at a time for the purpose of attending Irish colleges and perfecting themselves, as far as possible, in the Irish language and the teaching of the Irish language. That leave of absence has always been given —and very properly so—during my time. It is never refused. In this connection I want to say something that may be more acceptable to the Minister. We have always granted that leave to a teacher who applies for it. The teacher attends the Irish course or some other post-graduate course which will enable him to become a better teacher. But I know—and I think the Minister may have this fact in mind— that there have been abuses. I agree that there must be finality somewhere and that leave of absence does not mean absence for one or two or three years. I know cases where that has occurred. It did not occur in connection with the Cork Borough Committee, but I know that it occurred in the country. There was no finality and teachers applied for one year's absence and the absence might run into two years. I see there is a danger there, and I think something should be done to limit the time of absence and that the Minister should have power to put a limit to the time that teachers will be absent from schools.

As one who has always taken a very deep and abiding interest in the technical and vocational branch of our educational system, I would suggest to the Minister that he should carefully consider Sections 6 and 9. I am not so concerned about the rest of the Bill. I have received a great deal of literature in regard to this matter but I am not talking by the book. I am speaking from experience and I know I am voicing the opinion, not only of the teachers, but also of those who are interested in education. I hope the Minister will look into these sections with a view to making the Bill more acceptable to all concerned.

It has been suggested, I think, that the Roscommon Vocational Committee has been unfair. Were it not for this suggestion, I think I would not have intervened in this debate. I am not a member of the Roscommon Vocational Committee but I am chairman of the county council, the parent body that nominated the present vocational committee. The chairman of that committee, until a few months ago, was Dean Cummins, Dean of Elphin, who was accepted by all, by the Government Party and by the former Government, as an authority on vocational education. His successor, up to a couple of weeks ago, was the administrator of Ballaghadereen who is now the parish priest of Ballymote. There is a number of other clergymen on the committee which is representative of the whole county. I feel I would not be doing my duty if I did not give the views of Roscommon, and when I speak on this Bill I am speaking on behalf of County Roscommon alone. For the reasons I have already stated, any steps that have been taken by our committee have been taken after a very full consideration of the facts. They put forward their views and, as I have said, they took steps accordingly, after full consideration, and I should like to point out that, in any decisions they have come to, they had full regard to the financial ability of the taxpayers of Roscommon, so far as their paying capacity is concerned, to provide the necessary amount for vocational education. Therefore, I think it is unfair to single out County Roscommon in this regard. As I have pointed out, they have given their views very frankly and fairly, and I, as one of the representatives, mean to stand by them. As a representative of Roscommon, I feel bound to say here that I stand by the views that were expressed by the Roscommon Vocational Committee, and I should like to be assured by the Minister, through you, Sir, that it will not be made compulsory or mandatory on Roscommon County Council to provide an extra rate for this purpose, because I think that the present feeling in Roscommon is that there is not enough money being provided for vocational education in that county, from the Central Fund, and therefore they resent the imposition of an additional rate. I think I can say that that is the general view, so far as Roscommon is concerned.

There is one other matter to which I should like to refer, and this has reference to a proposed action which, in my opinion, would also be resented: and that is, the matter of taking authority away entirely from the hands of the local county committees, and appointing officers to the various bodies concerned. I have a particular case in mind in regard to that matter. Last July, in connection with the shortage of thread and woollen worsted for the making of socks, the county committee in Roscommon, where there was an abundance of wool, appointed two lady instructresses to go around through the county and give lessons in the home-spinning of wool; yet, notwithstanding the fact that these instructresses were appointed last July, and that we are now practically approaching Christmas, the object of appointing them has not been realised.

That is a question of the administration of the main Act, and does not arise in connection with this Bill.

I was just pointing out, Sir, that the local committee should have something to say in appointing these officers, since such appointments might have a pretty serious bearing on the affairs of the county council generally.

I have a fairly close association with the affairs of the City of Dublin since the commencement of the Act with which we are now dealing, and I feel bound to say that the system is working reasonably well so far as the City of Dublin is concerned. I should also like to say that, so far as our relations with the City of Dublin Vocational Committee are concerned, that department, in recent years, certainly, has been very helpful in any matters that we have had to undertake, and particularly in connection with building operations. Recently, for instance, we have had the active help of some of the principal officers of that institution, and I am surprised that the Minister found it necessary to introduce this amending Bill, on the two bases that he has put forward, having regard to the general application and working of the Act, as originally introduced. One of these two bases was in regard to the question of increased financial aid, and the second was concerned with the question of principal officers.

Like the previous speaker, I must say that I think the time was opportune for the working of the main Act, and that it would have been very helpful to the Minister, and to all concerned, in that respect, whether in the City of Dublin or in the country districts, if, of our own volition, we had undertaken a review of what has been done by the various headmasters in these vocational institutions throughout the country—a review of the 1939 Act, on which the board is engaged, and the report of which we are anxiously awaiting. I believe that if some approach were to be made along these lines down through the country, it would have a very good effect, because it seems to me that the feeling, generally, is, that the Act has not been implemented in the way which was intended. Even amongst my own colleagues I find a divergence of views as to the general utility of the Act so far as urban and rural areas are concerned.

There is a feeling amongst the public, generally, that a big portion of the work of these technical schools is taken up by commercial courses. I find that out of 54,000 persons attending such schools in Dublin, all but about 4,000 are studying commercial courses. Whether that is lopsided or not I cannot say, but I can definitely say that all facilities, on the technological side, are available in the City of Dublin, and there is no grievance there; but I do suggest that since the Minister is bringing in this question of an extra rating for vocational education, we might be allowed to have the benefit of the experience of the people who have been engaged in this work for many years—particularly in view of the fact, as I understand it to be, that in the City of Cork, if the Minister wishes to take powers for the maintenance of such continuation classes, that pre-supposes that there should be provision for children between the ages of 14 and 16.

So far as the City of Dublin is concerned, I understand that we have not room for even an additional half a dozen pupils in our schools. I wonder whether the Minister has envisaged the possibility that under the maximum rate in operation, which it is now proposed to alter, some committees may, if this twopenny rate is put on them, switch back to the powers which local authorities have, of devoting the money thus raised to other purposes, and in that way nullifying the effect of this. In so far as the rating is concerned, I want to point out to the Minister that, so far as the City of Dublin is concerned, in comparison with other vocational education areas, there is that rather disquieting fact, and I should like to know why we should be discriminated against as against other areas in the country. For instance, in Cork it would amount to 4d. and even in Dun Laoghaire, which is quite near to us the contribution is 2d.

Does that arise on this Bill, or is the Deputy discussing the main Act?

It is in the main Act, and I am pointing out that, in the amendment of the main Act by this Bill, Dublin is being put on the same basis as the other areas to which I have referred. Now, on the question of the officers concerned, a good deal has been said with regard to individuals who were associated with other committees. In that connection, may I say that in my ten or 12 years association with a vocational education committee here in the City of Dublin we have never had a single instance—not one—where it was necessary to report a member of the staff to the Minister, on any question of discipline or otherwise? From my own personal experience and close knowledge of these teachers, I can say that we have as high a standard of teaching in our schools—I am speaking for Dublin—as can be found in any other county, and that they are doing their work magnificently. For that reason, I can only express amazement, again, that, so far as concerns a system which has been working so smoothly, and where the teachers concerned have been doing their best, the Minister should find it necessary to requite the services of these teachers in this particular way. The only reason that I can think of, to induce the Minister to take this particular action, is to bring the present system into line with the Local Government and Public Health Act, and if there is one thing that I take personal pride in, it is that, as a result of our activities in former days, we brought about the measure of autonomy which every local authority requires. Now, however, it would appear that the Minister proposes to undermine the authority of the local county committees.

We have an excellent staff of upwards of 500 teachers and for a number of years, there has not been the slightest complaint either on the part of the committee or the teachers as far as their work is concerned. I repeat, therefore, that this amendment dealing with officers would seem to be exceedingly vexatious. I appeal to the Minister to remove that section, whereby he proposes to deal with individual officers without any reference to the committees. Local inquiry will be made, without the slightest reference to the vocational committees. But I suggest that that would be the first breach in administration as far as these committees are concerned. I regret that exceedingly because of the experience I have had in Dublin. From what I heard during the last few weeks vocational teachers are seriously disturbed at the action the Minister proposes to take, and at this stage I appeal to him to take steps later to ensure that that disquietude will be removed.

The debate on this Bill has gone on for a considerable length and most points of importance have been dealt with. I wish to address myself to one particular section of the Bill, under which the Minister takes power to lay down the retiral age for officers. Taking that as a principle, the Minister or whoever is responsible for that section would have the right to decide the age at which teachers retire. That is beyond dispute. But in deciding the age for retirement full consideration should be given to the fact that teachers should not be forced to retire under circumstances that would mean something near to destitution. It may be fair enough to say that these officers are being brought into line with other local officials. The pension scheme for local officers is 1/60th of their pay for each year's service. That is designed for a service which people enter when young, where, given normal good health, they have a reasonable prospect of forty years' service, which would mean two-thirds by way of pensions. To link under a common standard those who enter when young and those who enter late in life is, to say the least of it, evidence of failure inside the Department to recognise the changed conditions in different branches of the same service.

Let us throw our minds back to the way in which staffs for vocational schools were built up. As we had no cadet school, we took people from other walks of life, school teachers and others, and they were appointed vocational teachers. Obviously, at the date of appointment they were in the late twenties or thirties, and Dáil Eireann is now asked to approve of a scheme under which they will be compulsorily retired at an age that would make it impossible for them to have reached any reasonable pensionable standard. On the face of it that is a breach of contract. The conditions under which these men are serving are that they shall relinquish office or be compulsorily retired when unfit for further service, due to mental or physical incapacity. We are altering that position and saying that no matter how fit they are to continue to perform their duties, at a certain age to be decided by the Bill, they must go. It is a common saying that a man is as old as his arteries. Many people are too old for effective work at 65, but, on the other hand, other people are as fit as, or fitter, at 65, than they were at 45. I do not think it would be the opinion of Dáil Eireann that the Taoiseach would be unfit, an antique, in two years' time, yet we are laying it down that at 65 everybody in the service of the vocational committees is unfit to work. Gladstone was Prime Minister of Great Britain when he had passed 80 years, Marshal Hindenburg led armies when he was well past 70 years; Mr. Churchill is 69 to-day, and I expect there is greater responsibility and a greater demand on his mental and physical energies than on the most enthusiastic vocational teacher. He is able to carry the burden. I hope the Lord will spare him long to carry the burden, and to keep his mental and physical vigour.

By Act of Parliament we are going to lay it down now that every man is too old for every form of public service at 65. If that is the view of the Minister there is no doubt that he will carry it in the Dáil, but if he is going to standardise it, that every Irishman is too old for any useful work at 65, then be generous. We have to remember that people who are not vocational teachers, and who may have to perform very hard and exacting physical work, are not regarded as old enough to be pensionable until they are 70. That is the standard laid down by this State for the ordinary man and woman, that they are fit for hard physical labour until they reach 70 years, but a vocational teacher must be thrown on the scrap-heap at 65.

If we are going to do that, and to decide that, irrespective of the physical condition of a person, surely we should in a pension scheme recognise the fact of compulsory retirement at a certain age. When the local government pension scheme was drafted and approved of, the condition determining cessation of service was physical or mental unfitness. That might arise on one side of 60 or might not arise until the far side of 60 was reached, but, at least, everybody enjoying normal health was given a reasonable prospect of securing two-thirds of their pay by way of pension. I venture to say that the average vocational instructor took up duty in the late twenties. Such teachers must leave, we shall say, in the early sixties. There is no mathematical chance of any one of those getting a reasonable pension.

Again we have in this particular Act, in a rather slavish parrot-like manner, carried along phrases that are merely of importance because of their antiquity and that are particularly inappropriate when they are carried into Pensions Acts in a new State. We have the old phraseology of the British Acts that were reasonable enough where there was a long history of government and continuous, uninterrupted service. Now this State as a self-governing entity, is only 21 years old. We established a number of new services in this State and the only place where we could find staffs was from the pre-existing services within the State. If any officer was to equip himself for any of the new services he had to leave his old service, to do a course and to secure a diploma of some kind or another. If he were ambitious or anxious to serve in a fuller capacity in the new State he had to interrupt his service. Would it be unreasonable, therefore, to suggest that in all these Acts, governing pensions in this State, we should provide for cumulative service? The fact that it was interrupted for a week, a month or a year should not invalidate all the previous years of service. Surely that is a fair principle and surely it is a most important principle where you are dealing with officers, the bulk of whom had to resign from some position in this State which they previously held and where there was an interval, smaller or greater in different cases, of interrupted service. Surely recognition of cumulative service is a fair demand in such cases.

Remember somebody is getting away with the fact that they are not being pensioned for their whole service. The State, public funds, either central or local, are being saved the cost. Say a man was seven years in one State service, remained a year out and then came into the vocational service. Somebody is getting the benefit of his forfeiture of pension for the other seven years' service. If the Minister is going to insist on an age limit for all officers irrespective of health, vigour or capacity to do their work efficiently, then it is only fair to urge that special pension terms be granted so as to compensate for loss of office. I am aware of at least one case, assuming the age limit is fixed by the Minister at 65 years, of a highly efficient teacher who has given complete satisfaction to the Department, to the local committee, and to the students who have passed through his classes, who will be compulsorily forced out after 20 years' service with no pension whatsoever. At the present time that man is earning a pension. He is in good health, in splendid physical condition and has plenty of vigour at this moment to look forward to ten or 15 years more efficient service and pension based on 35 years' service at the end of it. He will be 65 within a few months. If 65 is the limit fixed in this Bill, he goes out and he will not have the 21 years' service which is necessary to qualify for a pension. He goes out, therefore, without any pension.

I would urge the Minister, if he wants to exercise his own rights in laying down age limits, to do it on general lines. It is a very serious thing for any employer to break a contract made with his employees. The State should be the example to be followed by all other employers. If a big firm like Guinness' Brewery to-morrow broke through contracts made with their workers, this Assembly here would be a kind of hullabaloo. Government Deputies and Government Ministers would intervene to ensure that contracts made between big employers and numerous employees should be honoured. Here in this country it seems to be the particular and peculiar privilege of the State to be the one great employer that is permitted to tear up a contract between itself and an employee at any time, as being of far less value than a scrap of paper. We have had it done to officers in the professional services of the Army. We have machinery to do it in the Agriculture (Amendment) Bill. We have machinery to tear up contracts in this Bill. I would urge on the Minister the inadvisability of such a course. The number of vocational teachers is few. In making special provision to give more generous pension terms you are only making it for one generation. Successive generations of vocational teachers will come into this service at a younger age than those already serving and the reason that they came in at a comparatively advanced age was because they were called in and asked to help to build up an infant service of an infant State.

In common with other Deputies, I take a rather serious view of the powers embodied in Section 4 of this Bill, which provides for an increased rate in rural areas of 1d in the £. As I understand the Principal Act, it is mandatory on the county council to increase the rate by 1d. in the £ if a demand is made by the vocational committee. For that reason, I feel that those who are interested in protecting the rights of the ratepayers must be concerned with this power to increase the rate and must naturally inquire from the Minister what justification there is at the present time for an increase in the rate for education. We can all recognise the fact that there has been an increase in the various costs—the cost of living, the cost of materials and other things, which might account for this demand. But, having regard to the lack of success which has attended vocational education, particularly in the rural areas, I fear that it is not justifiable to ask at present for this power to increase the rate. As I understand, the Minister has power under Section 5 of the Bill to compel a county council to increase the rate by 1d. or 2d. in the £ for a particular year. That is a very far-reaching power and it appears to be exercisable even if the rating authority are striking the maximum rate provided by this Bill. It is just one other method by which the Minister and the officials of his Department can dictate to a vocational education committee and a rating authority to a far-reaching extent.

I feel very strongly that this demand for an increase in rates is not justifiable and that it will be the duty of the Minister, when replying, to give the House very definite reasons why this power is being demanded. All over the rural areas we have provided new vocational schools. I assume that, in providing these establishments, the local authorities were guided by the comparative success which had attended technical education in urban areas. However, I suggest that there was no comparison. The efforts to provide technical education in these day schools in rural areas have been a complete failure.

These schools do not provide, and cannot provide, the type of technical education which people who have to work on the land require. The rural schools are open to objection on many other grounds. They are open to the objection that, as they are day schools and are not residential, they are unable to obtain in their areas the number of pupils necessary to enable the classes to be conducted efficiently and economically. They are also open to the objection that they are mixed schools. There is very grave objection to that in rural areas by many people who have seriously considered this question of education. For these reasons, I suggest that the powers sought in this amending Bill have not been justified by the Minister's opening statement, and we are entitled to demand that, in his concluding statement, he will put before the House strong and convincing reasons why this extra claim should be made upon the ratepayers.

Deputy Cosgrave asked whether I was satisfied that we were receiving the necessary co-operation from the vocational education committees throughout the country in operating the schemes. I am glad to say that the vocational education committees, in general, are co-operating very heartily, and I thank them for their co-operation. As the Deputy pointed out, in referring to the financial clauses of this measure, we may with safety leave it to the committees to decide whether or not, in fact, they will get value for the expenditure proposed. There are two sections in the Bill dealing with the rating powers. Section 4 deals with the ordinary schemes, and it is proposed to permit the committees to increase the maximum rate for the ordinary working of the schemes by 1d. both in town and country. Section 5 deals with the implementation of Part V of the Principal Act. Part V of the Principal Act refers to compulsory continuation courses of 180 hours a week for young people from 14 to 16 years of age—such courses as we have at the present time in the boroughs of Cork and Limerick. Having ordered that provision to be given effect to, the Minister may, if he is satisfied that the committees are not in a position to finance its operation from their funds, demand from the rating authority that a rate be struck to meet the cost of the obligatory clauses. He may serve notice on the rating authority for the vocational education area, requiring that authority to pay, in addition to the local contribution for the next year, a specified sum which shall not be more than 2d. in the £ in the rateable valuation in the four county boroughs and the Borough of Dun Laoghaire, and not more than 1d. in the £ elsewhere.

I explained in my opening statement the reasons why committees were finding it difficult to carry on. I explained that 15 committees had reached their maximum income although their expenditure was still increasing. That was because certain additional costs had been thrown upon them owing to the emergency—the additional cost of materials, of the upkeep of schools and bonus for teachers and employees. In all the circumstances, the additional permissive rate of 1d. in the £ sought for the working of the schemes must, I think, be considered fair by any person who has a reasonable view about vocational education.

I think I used to hear Deputy Cogan speak in this House of the necessity for scientific training for agriculture. I do not quite understand from his remarks whether it is just that he has a prejudice against schools, part of the upkeep of which must be paid for by the ratepayers, or whether his antipathy is to efforts to extend education generally in rural areas. According to the Deputy, the schools in the rural areas are not a success, they are failures; they are giving a type of education that is not suitable; and the Deputy proceeds to lecture the House on aspects of the matter which I think we may safely leave in the hands of the competent authorities concerned. As the Ceann Comhairle has ruled the matter out of order, I do not wish to proceed into a general survey of vocational education, but I really think that a Deputy who has the responsibility which Deputy Cogan claims in this House should, at least, give some reasons or some evidence to substantiate his charges that the system has failed in the rural areas.

If the Deputy visited the school at Hacketstown in his own constituency— he may have heard of it—and as a reasonable person, considered the work that has been done there since the inception of the school, I feel he would come to the conclusion that, if it does not attain to the high standard the Deputy would like—a standard which he has failed to explain to us in the House—at any rate, the type of education that is given there is, as is the opinion of competent observers, very suitable to rural areas and to those who are preparing for life on the land. If there has been any failure or any lack of attendance it is, in the first place, due to the fact that, failing compulsory powers, it is impossible very often to make people in rural areas realise the value of the courses for their children, as they are made to realise in the case of primary education, because the law compels them. There is that difficulty, and there is also the fact that children in rural areas find it difficult to travel to the schools during the present emergency. I am glad to say that in the vast majority of the schools—I think I might say all the schools outside the larger urban areas —the bulk of the pupils come from rural districts. They and their parents must not have quite the same opinion of the value of the instruction given as that which Deputy Cogan holds but, perhaps, they have not the same knowledge or lack of knowledge as the Deputy.

I have visited some of these schools and have seen children cycling long distances to attend courses. Those children at the present time are very often kept at home because they are needed in connection with the spring work, the work on the bog and the harvest work, and that has affected the attendance. Again, it is almost impossible for them to get tyres for their bicycles, which also has affected the attendance. Quite recently, I visited an important vocational school and found there were large numbers of children cycling long distances and making every effort to come. Yet the Deputy says that the type of education given is not suitable.

Deputy Martin O'Sullivan, the Lord Mayor of Dublin, whom I am glad to hear on this matter and whose enthusiastic co-operation and support of vocational education made it a matter of pride to me that he should be selected as the chief citizen of Dublin, has referred to the fact that a certain proportion—a minority—of the students in the vocational schools here in Dublin are doing commercial courses. I do not know what figures the Deputy had, but according to some figures that I have it does not appear, even in the City of Dublin, if we take the subjects of shorthand and typewriting, that the number of such pupils is substantial. The total enrolment at day and evening classes in Dublin was 54,905, while the numbers taking shorthand and typewriting were, in the day classes, 1,433 and in the evening classes, 1,929. As far as these two subjects are concerned, at any rate, that would mean that the percentage of the total enrolments in day and evening classes who are taking these subjects was only 6.1. In other areas, the figures are similar, sometimes running up to 10 or 11 per cent. In the rural areas, there is a large number of schools where no instruction in shorthand or typewriting is given.

As regards vocational schools in rural areas generally, where the instruction in those subjects is being given, it is very carefully co-related to the instruction in the practical subjects which bear particularly on the life of the neighbourhood—rural science and manual or metal work in the case of boys, and domestic economy subjects in the case of the girls. If Deputies would visit some of those rural schools and employ their time in getting some accurate and practical information as to the type of instruction which is being given, they would not come into the Dáil to make the absurd statements they did make, that the type of educa tion that is being given is not suitable.

A visitor to one of our vocational schools, broadcasting from Radio Eireann early in November, on her visit to a school, made the following remarks, which will give Deputies an idea of the kind of work that goes on in a rural vocational school:—

"Already one lot of boys and girls have finished a two-year course in rural science there and at night time over 100 men and women travel from as much as six to seven miles away to attend classes—and, of course, the social activities arranged there.

In the hall, under an unobtrusive crucifix, hangs a large scale map of the district and a typed time-table on which you read of woodwork (which includes carpentry and construction in different materials), and cookery, Irish classes, and various subjects coming under the rural science course... When I got there, they had been studying the structure and characteristics of certain kinds of bulbs. There was a diagram or two on the board and I was relieved to see that it wasn't also covered with all the long-winded names we had to cram into our heads at school, without really knowing the simple outline of the thing first.

The boys and girls there were just clearing off the desks the shallot samples they'd been using and going out into the garden to plant some. They gave the impression of being responsible human beings doing something because they liked it. There was none of that ‘caged in' feeling, that the children are dying to get away and carry on their own lives. The boys made for the shed where rakes and spades are kept and were soon digging and preparing the ground while others planted. The girls, on the other hand, got busy taking hedge cuttings and planting out. But before I tell you about the garden itself, first let us be clear what this rural science course consists of."

Further down the statement goes on:—

"The girls, of course, do cooking and needlework as well, the boys woodwork, which covers various other subjects, too. During the first year they all get a general introduction to the life of plants and flowers and insects, backed up by the use of the microscope and observation. When the weather keeps them indoors more, they cover the geology of the neighbourhood, learn to keep a rain gauge, record weather changes and so on, which leads to a certain amount of physics and chemistry in relation to temperature, water, atmosphere, and later go on to studying the question of combustion, different forms of heat, etc.

When March comes and they have learnt something about cells and sap and food generally, they do more practical work out of doors, and notice, not only soil conditions and what is happening in the plant world, but bring in news of how things are doing at home, for conditions vary very much in such a neighbourhood. There are all sorts of problems for the teacher to solve; he's often asked about pests or plant diseases, and the seed testing which they do in the school is also a link with the work going on. Another interesting side is learning how to make surveys of fields round about, and these maps, when drawn out with the greatest care, as I saw myself, are often pinned up with great pride in the pupils' houses.

For the second winter of the course, more detailed classification and comparison can be done. For instance, grasses are studied, this of course covers the main crops, wheat, oats, etc. Talks on pests of various kinds and plant diseases introduce the study of bacteria and the subject of milk is gone into carefully. Wherever possible, near at hand, practical illustrations are given for any particular lesson. For instance, the heating system of the school, ice on the roads or a rapid thaw, a bad season for apples, will all serve to bind together theory and reality. There you'll see, on a window ledge of a lecture room, a special breeding cage where moths and caterpillars pass through the various stages of their growth, and I believe there is quite a bit of rivalry as to who shall look after them. There are the tin plates where seeds are germinating in a warm place near the stove, and cases where all sorts of insects from the cabbage moth—is it an insect by this time? I never know—to the turnip fly, can be seen pinned out with an obituary notice describing their life and habits. Another interesting collection is made up of examples of the work of plant diseases, all safely bottled, which also come in useful for the talks on the general principles underlying farming which are given in the evenings for grown-ups.

In the garden, as a result of the keenness of teacher and pupils, you'll see samples of all the different kinds of grasses growing in those parts, and others, too. These are of interest to the parents and other farmers who visit the school. Some of them have been using various seed mixtures for years and may not know what the actual grasses look like.

I also saw some trees grown from seed, which later some of the children will take away to plant out at home; they might also be taking hedge clippings, flowers and so on but, of course, the garden is really to provide specimens and to enable practical work to be done. There are also trees, vegetables and various kinds of herbs there.

Well, there was still another section to be seen indoors. We found ourselves in the room where boys were copying a diagram on the board which showed the construction of a silo, a simple one on a hill site that any of them might use at home. As the instructor told me, ‘There's nothing like being able to read a map or a drawing, it's a kind of international language, you know.' Here we start the boys off by learning all about the planning and construction of a house, the general points, roofs and gutters, and drainage and so on. This takes us on to thinking about farms and how they can best be laid out, what improvements can be made to outhouses and that kind of thing. Often the boys take the ideas home and discuss them with their parents when they're thinking of making alterations. All sorts of questions are put forward.

We study water supply, sewage, ventilation, electricity supply, the use of concrete. For instance, not long ago one lad asked me what they could do about getting rid of rats, and we went into the question of making ‘baffles', as they are called, pillars to prevent them climbing up into the hay or corn stacks. Of course, they do a good deal of practical carpentry besides this theory."

I do not think I need go any further. That is from a talk by an independent observer on what was being done in a rural school in one of the best agricultural areas in this State. In collaboration with the Department of Agriculture, we intend to emphasise still more strongly the value and importance of the type of instruction, particularly in rural science, that is being given in the vocational schools, and their importance to the farming community. I have not the slightest doubt that, in spite of the difficulties, the children from farmers' houses will respond and, as in the past, will make up the bulk of the attendance.

I have stated in my opening remarks that the provisions in this measure are regards the officers are precisely the same, almost word for word, as in the Local Government Act, 1941. Before the 1930 Act became law, the position was that officers of vocational, or, as they were then called, technical education committees, had really no status or rights independently. Whatever rights they had were as officers of local authorities. I cannot see the force, therefore, of the criticism that the contract of service is being altered. If we have regard to the history of these committees, we must know that the officers concerned were all officers of local authorities and that the law generally, as regards the conditions of service, applicable to officers of local authorities, applied to them.

The position under Section 44 (1) of the 1925 Act was that an officer, in order to secure superannuation, had to have 25 years' service and to have reached the age of at least 65 years. The position now under the Bill is that at the age of retiral, whatever that may be, an officer will not necessarily have to have 25 years' service; he may have 15 years' service and he will still be entitled to a pension. The superannuation scheme for officers of local authorities applies to officers of vocational education committees. I think the superannuation scales are very reasonable. As has been said, they are on the basis of the payment of a pension at the rate of one-sixtieth per year of service. In the Civil Service, payment is at the rate of one-eightieth per year of service, a civil servant being entitled to a maximum pension of half his remuneration. He is also entitled to a lump sum when he retires from the service, which is not the case with an officer of a vocational education committee.

We cannot have one code of conditions of service, or of superannuation, for officers of vocational education committees, and another for officers of local authorities generally. Is it the contention of those who say that the contract of service has been altered to the disadvantage of officers of vocational education committees that, if such officers had remained under the Minister for Local Government, their position would have been better than it now is? If the 1941 Act, as was the original intention, had applied both to the officers of vocational education committees and to the officers of agricultural committees, this discussion would not have arisen at all, I presume, because what Deputies are objecting to is the law already in regard to the officers of local authorities throughout the country. Some portions of the Bill, such as this matter of the conditions of service of officers, might appropriately have been brought into the 1941 Act. Other parts of it, unfortunately, did not fit in. Therefore, it was necessary for the Minister for Agriculture and myself to introduce separate Bills dealing with the conditions of service of officers under our respective jurisdictions. In my case, at any rate, I have followed the 1941 Act. As I have said, the position actually is that there is an improvement in the pension conditions in that respect: that whereas formerly officers had to have at least 25 years' service that is not now necessary. It is suggested that we are in some way departing from some legal contract embodied in the Vocational Education Act of 1930. Section 99 of that Act, sub-section (3) says:—

"Every officer transferred by this section shall not, in the service of the vocational education committee to which he is so transferred, receive less remuneration or, subject to the provisions of this section, be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service from which he is so transferred."

My reading of that sub-section is that the most vocational education officers can claim is that the conditions of service they enjoy now should at least be as good as were those in the service from which they were transferred. I have explained to the House that the provisions regarding the conditions of service in this measure are exactly the same as those in the Local Government Act of 1941, which apply to local authorities' officers generally. Therefore, I fail to see how it can be suggested that the conditions of service have been worsened. The conditions of service are to be the same as those for officers of local authorities generally, and the sub-section which I have read makes it perfectly clear, I think, that no more than the conditions of service and rates of remuneration which applied in the service in which they formerly served can be claimed by existing officers of local authorities. Section 9 of the Bill, which makes the measure applicable to existing officers, is precisely the same as Section 16 in the 1941 Act.

I think that the argument against fixing a compulsory age for retiral has been rather abandoned when we have the admission that there is no objection in principle to the fixing of such an age. I need hardly say that, in fixing an age for retiral, the Minister will take into consideration all relevant circumstances, and will, I think, behave in a reasonable manner. One would imagine from some of the speeches made that the Minister was in a position, even if he wished to do so, to act in an entirely arbitrary fashion in this matter. We know that the Minister has to be guided by precedents and by circumstances, and that he has to answer for his actions to this House. We know also that, if he is a reasonable being, he will have regard to the operation of the vocational education schemes generally throughout the country, and will not try to enforce conditions that would militate against the success of those schemes, or that would be to the disadvantage of officers. Certainly, he will not arbitrarily make regulations that would offend the officers, that would make them feel they were being penalised in some way, and were being treated differently from others.

In the case of teachers generally, I think it is well recognised that when the age of 65 is reached one may not expect the same efficiency—I think that goes without saying—as in the case of younger teachers in the prime of life, full of enthusiasm, vigour and earnestness. The only question that remains to be decided and one to which, of course, I shall give close consideration, is what the age of retiral should be. Generally speaking, it has been the age of 65 in the case of other classes of teachers. Large numbers of highly qualified young men now coming out of the universities are seeking entrance into this service—and the fact that promotion is now possible in the local services generally and in the vocational education service, ought to lead Deputies to take more interest in the younger men who are striving for advancement and who have, I think I may say, higher qualifications than those who originally entered the service, rather than in the cases of isolated officers. If it is suggested that it is a hardship upon officers, under the conditions of superannuation that obtain at present, to go out on pension at the rate of one-sixtieth of salary per year of service after 37 or 38 years' service, I do not think that is unreasonable or that it imposes any serious disability on an officer.

Those who remember the early days of technical education will know that, in the beginning, there were really no rates and no scales of pay. Scales of pay have now been fixed, and executive officers and teachers are receiving reasonable remuneration. In fact, I believe that the pension which an officer, such as I have referred to, will get will compare very favourably with the salary that he was drawing in the early days. If the argument is going to be that he was drawing a salary not as good even as his pension is now, we cannot have it both ways, I am afraid. If we have improved his conditions and introduced new scales of salary, I do not think that we can step up superannuation which, I would like to say again, is favourable. I do not think that we are entitled to do the second thing—step up the superannuation and amend the code specially in order to deal with these isolated cases. In any case, we cannot amend the superannuation code under this measure. We can only amend that code, so far as years of service are concerned, by amending the main superannuation Acts.

I think it is in the interest of the service and of education that an age for retiral should be fixed, and that committees should not be left in the present position, in which men who have advanced well beyond the age of 65 have the heavy responsibility placed upon their shoulders of undertaking the direction, control and urging forward of vocational education schemes in their areas. In my opinion, these schemes require the assistance of men at a more active period of their lives, men who would be able to give the fullest possible energy to the work, and I think the success or failure of vocational education will, in the long run, depend to a great extent on the type of personnel operating it. Teachers have difficult and arduous work, and I do not think any reasonable person who is acquainted with their work will agree that it should be necessary for them to continue to work after the age of 65. If the age of 65 is fixed—I do not suggest that it will be fixed for all classes of teachers; there may be some types of teacher in respect of whom it will be necessary to fix perhaps a lower age—all the circumstances will have to be taken into consideration, but nobody, on examining the question carefully, will believe that the age should be higher than 65.

Deputy Cosgrave asked me whether it would not be possible to arrange, if a line had to be drawn, that the end of a session should be taken as the delimiting point. I quite agree that it may be to the advantage of the service that teachers should not retire in the middle of a school term or school session, and perhaps it may be possible to arrange that retiral will take place not later than, say, 31st July, or whatever the date of the end of the school session may be. I do not think it is true that leave of absence is not allowed for. In the case of teachers who take up educational courses to improve their qualifications, I think it is allowed for, but if Deputy Cosgrave, Deputy Anthony or any other Deputy has a particular case in mind, I should be glad if the particulars were communicated to me. I think it possible that, in respect of these cases, at any rate, the Deputy has been misinformed, and that the position in fact is not that the teacher absented himself for the purpose of acquiring a higher qualification, that is to say, got leave of absence. If a teacher leaves his employment, resigns his post and takes up a post somewhere else for a period in order to improve his qualifications, that is quite a different matter, but if he gets leave of absence from his committee, it certainly can be dealt with.

As regards the question of added years, I have pointed to the fact that the superannuation and present scales of pay seem to be reasonable. The Minister for Local Government, whom I follow in regard to these matters generally, has, as was pointed out during the debate, issued a circular in which he states:—

"For positions requiring highly technical qualifications, it is realised that it may not be possible to secure the services of suitably experienced officers at ages sufficiently youthful to enable them to qualify eventually for the full two-thirds superannuation. In such cases, where the services have been satisfactorily carried out, reasonable additional years might be added to the actual number served for the purpose of calculating pensions."

I think that what the Minister for Local Government had in mind was the type of case in which an officer entered the service at a mature age and had higher technical qualifications than those laid down in the conditions of appointment. If an officer leaves an important engineering post outside and enters the service of a local authority or vocational education committee, it being clear that he had a much higher qualification than would have been necessary to satisfy the Minister for Local Government or me, and if his period of service was much shorter as a result, the Minister for Local Government has power to consider adding certain years to his service, but, as regards teachers in general, it cannot be claimed that that is the case.

When a committee appoints a manual instructor, for example, he has to be qualified to suit the Department's conditions, and the Department will look for a certain amount of practical experience. The same would be true of teachers of other practical subjects, but that does not mean, with regard to an ordinary tradesman or crafts teacher, that we will give added years because he has the qualification we consider necessary. If he has a very high technical qualification and has spent portion of his life doing a specialised kind of work, altogether beyond what would be required ordinarily to become a teacher, when his superannuation case comes up, it can be examined, but this could not apply to teachers generally.

As regards suspension, the provisions here are similar to those in the 1941 Act and are taken practically entirely from the 1926 Act. In fact, this particular section, Section 7, is practically a re-enactment of Section 11 of the 1926 Act. It is being reenacted here because it is considered by my legal advisers to be a more appropriate place. If an officer is suspended and is restored to duty, I do not think there can be any doubt that he will receive his remuneration, if the circumstances make it clear that the suspension was not warranted, but, of course, as Deputies will realise, the question of whether he will be paid for his period of suspension will depend on circumstances. I do not think it would be possible to fix a time limit, because it may happen that the case of an officer who has been suspended may have to go before the courts. Action by the Department or by a committee will probably not be taken until the court case has been finished, and it would be impossible, I think, to fix some period in the Bill. We could not be certain that the court case, if there were repeated adjournments, would be over well within, say, a few months.

With regard to removal from office, a point made was that a local inquiry should be held. A local inquiry still will be held and I think I can say that that would be the normal procedure where there was any doubt as to the circumstances of the case. If the circumstances justify the holding of an inquiry and, if it is not clear to the Minister that the case is so bad that nothing less than removal from office will meet the situation, then the inquiry will be held. But there may be circumstances where an inquiry is not really necessary. If, as would be the case, we have to set up a public sworn inquiry, as was set out in the original Act, such inquiry might not even be to the advantage of the person involved. Deputy Cosgrave mentioned that it should be held in the case of suspension, but it might not be always to the advantage of the person involved.

I want to say that the vast bulk of the officers employed by vocational education committees are, of course, teachers. There may be, say, 1,000 teachers employed, and it is inevitable that you will have odd cases of teachers who are not efficient. In the case of a teacher who is not considered efficient by the inspector, or to be doing his work satisfactorily, the procedure will be that the inspector will warn him, will probably advise him as to improving his methods and, if he finds that the teacher is still not doing satisfactory work, he may report the teacher to the committee. But the House can take it that there will be no action taken, such as suspension or dismissal of the teacher, merely because an individual inspector reports that he is dissatisfied with his work. In all branches of education a senior inspector is called in and has to report independently on the case. That is what would happen. Suppose the senior inspector is still dissatisfied with the work and feels that the teacher is so bad that he ought not to be retained and the committee fail to remove him, what is to be done then? Is the position that the House will demand that I should set up a sworn inquiry in order to deal with that case?

We have also the case of chief executive officers. There is only a limited number of them. In their case also it might happen that circumstances, such as a report by the audit officer, will make it clear that action will have to be taken either by way of suspension or dismissal. I think the House may take it that in cases of suspension or removal from office, vocational education committees will not be disposed always to take action themselves; they will prefer that the Minister should take it.

As regards the County Roscommon Vocational Education Committee, I have only to say that the scales of salary recommended by my Department are permissive. All the committees in the country have accepted these scales of salary, therefore there was no necessity to impose them on the committees. The emergency bonus to be granted to officers is also permissive and, if the Roscommon committee have taken a different attitude from other committees, I am sure they feel they have a reason for their attitude. In any case, I do not think that I should be asked in connection with this measure to impose something upon the Roscommon committee with regard to the bonus that is not imposed by law on other committees or local authorities. I think that most of the points raised were really Committee points that might be gone into more fully on the next stage. I have tried to cover the main points that were raised.

Question put and agreed to.
Ordered that the Committee Stage be taken on Tuesday, 14th December.
Barr
Roinn