I move: "That the Bill be now read a Second Time."
The House will recall that I indicated on 4th April that I proposed bringing in legislation which would allow certain categories of local authority employees to become members of local authorities without forfeiting their employment. I indicated that I hoped the Oireachtas would see fit to pass the measure in time to enable its provisions to apply in relation to the forthcoming local elections. These provisions are contained in sections 23 and 24 of the present Bill.
The Bill falls into two parts: sections 1 to 22 deal with election petitions and the remaining sections with the removal of membership disqualifications and related matters. The individual provisions of the Bill are dealt with in the explanatory memorandum circulated with it.
The former procedure for dealing with local election petitions was contained mainly in two 19th century British enactments. Under this law the court for the trial of a local election petition consisted of a barrister appointed by the judges on the rota for the trial of parliamentary election petitions. In February, 1961, the High Court ruled that this election court was unconstitutional on the grounds that it purported to exercise judicial powers in criminal matters and that this is a function the exercise of which by authorities other than the courts is expressly prohibited by the Constitution.
The Bill proposes that local election petitions will be tried by the Circuit Court. The system generally will be similar to that which existed under the former law but outdated and non-essential procedures have been modernised or removed. In particular, the petition procedure has been tailored to suit the system of proportional representation while the previous procedure was related to the straight vote system. This Bill does not deal with petitions relating to parliamentary elections. Unlike the law dealing with local election petitions the parliamentary petitions law has not been found to be unconstitutional and appears to work relatively satisfactorily.
Deputies will probably attach greater importance to the sections of the Bill dealing with the removal of barriers to local authority membership. The disqualification of aliens is contained in the Local Government (Application of Enactments) Order, 1898. At that time the expression "alien" apparently meant "a subject of a foreign state who was not born within the allegiance of the Crown"; it is now taken to mean anybody who is not an Irish citizen. Non-citizens have the right to vote at local elections and it is only logical that they should also have the right to become a member of a local authority if they enjoy sufficient popular support in their area.
The disqualification for membership of local authorities on persons in holy orders and ministers of religion goes back to 1840. This disqualification would appear to contravene the provision in the Constitution which states that: "The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status". At present there is a double barrier which prevents a local authority employee becoming a member of the local authority. First, a person is disqualified for membership if he holds any paid office or place of profit under or in the gift of the authority, other than the office of mayor. This applies also to committees of agriculture and vocational education committees. Secondly, the Local Government Act, 1955, provides that no person may hold any office of profit under or be employed for remuneration by or under a local authority while he is a member of that authority. If a person resigns his membership of the local authority the restriction on employment continues for a year or until his ordinary term of office would have expired. Similar provisions apply to committees of agriculture and vocational education committees.
Under this Bill, the electoral disqualification will be removed altogether and provision is made whereby the restriction on employment of members may be lifted in relation to particular classes of employees. Orders will be made by the appropriate Ministers specifying the classes of employees which will be so exempted. This will provide a flexible arrangement under which each category can be considered on its merits. The intention is that generally the restriction would be lifted for all employees except those holding fairly senior posts and others involved in policy matters.
My intention would be to remove the restriction on employment in relation to all employees who are not officers—these are in the main manual workers—and in relation to all officers other than certain categories whose duties are such that it would be inappropriate to remove the restriction in their case. The offices in relation to which the restriction would still apply would in general be all administrative staff down to but not including the rank of clerical officer, all professional staff, library staff from the level of assistant librarian upwards, certain officers of fire brigades, certain outdoor offices of clerk-of-works, inspector and assistant inspector and the grades of rate collector, rent collector, rate inspector, housing welfare officer, social worker, and, where employed under county councils and county borough councils, assistance officer and superintendent assistance officer. These are the categories of office on which the restriction would remain.
The principal classes of offices from which the restriction would be lifted are the grades of clerical officer, library assistant, branch librarian, storekeeper and draughtsman. As already mentioned, it would be lifted also from all employees who are not officers. To reduce the matter to figures it is estimated that of the 30,000 persons employed by local authorities, only about 3,000 will remain subject to the restriction on employment under the 1955 Act.
I am sure that Deputies will welcome this opening up of the field of eligibility for local authority membership. In bringing forward this measure the Government were guided by the principle enunciated by the Joint Committee on the Electoral Law 14 years ago. Dealing with membership of the Oireachtas, the committee stated in its final report: "It is of the utmost importance that the Legislature should be able to draw for its members from as wide a field as possible and only for the gravest and most compelling reasons for public policy should any individual be prevented from putting himself forward for election."
I think the House will agree that this view is also valid in relation to membership of local authorities. I commend the Bill to the House.
