asked the Minister for Local Government if there are any legal grounds to prevent members of the Garda Síochána becoming tenants of county council houses in Wicklow or to prevent the council from vesting such houses in members of the Garda Síochána.
Ceisteanna—Questions. Oral Answers. - Garda Tenants of Council Houses.
18.
Section 24 of the Housing (Amendment) Act, 1950, empowers a county council to provide cottages under the Labourers Acts for letting to members of the working classes. There is no limiting definition of the terms "working classes" which would exclude a member of the Garda Síochána from its scope. It is, however, a function of the housing authority to decide whether they will in a particular case provide a cottage for a member of the Gardaí.
Section 16 of the Housing (Amendment) Act, 1956, enables a county council to declare a person, to whom they have let a cottage, a qualified person for the purposes of the Labourers Act, 1936, i.e. a person who is entitled to purchase his cottage in accordance with the provisions of the Act.
Is the Minister in a position to say whether, in the event of a member of the Garda Síochána being allocated a council house or a council cottage, he is then entitled to qualify to have the cottage vested in him?
That is a matter for the county council to decide. They can declare him to be a qualified person for the purposes of the Labourers Acts and that he is entitled to purchase the cottage in accordance with the provisions of the Acts.
There are no legal considerations to preclude such an order being made in respect to a member of the Garda Síochána?
No.
The matter is subject to the over-riding authority of the county council?
Yes. I understand that they have been rejected by several county councils.