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Seanad Éireann díospóireacht -
Wednesday, 13 Mar 1929

Vol. 11 No. 7

PUBLIC BUSINESS. - LOCAL ELECTIONS (DUBLIN) BILL, 1929—SECOND STAGE.

Question proposed: "That the Local Elections (Dublin) Bill, 1929, be read a Second Time."

I thought someone was going to make a justification for this Bill. Apparently it is not intended that that practice should be followed, and I want to say a few words with regard to it. It seems to me that there is no justification whatever in postponing the elections for Dublin City or County to a date not later than the 30th September, 1930, meaning that there will be no elections for another 18 months. I predict that there will be no elections in 18 months. There has been on the stocks for a couple of years or more a proposal for a reconstitution of the administrative authority for Dublin City and County. It has been suggested that that Bill will be brought forward, and, presumably, passed in time to allow the elections to take place before September, 1930. We have no assurance whatever that elections can take place in that time. The Bill has not yet been drafted. There have been no consultations, which, I presume, will be found necessary between the Department of Local Government and the various councils which still exist, and I would imagine that there will be such consultations before the Bill comes to a final drafting. The Bill has then to be submitted to the Dáil and the Seanad, and, I have no doubt, will get a very close scrutiny, and will probably be considerably amended.

I shall be astonished if all that can be gone through in time to allow the elections to take place before the 30th September, 1930. I would be inclined to ask the House to agree, instead of passing this Bill in its present form, that the elections be postponed until, say, the end of June of this year, and that the elections, in fact, of the new councils shall take place before the end of June of this year, and let them sit, let us say, for two but not for three years. In the absence of such elections we shall have a continuation of the rule of the Commissioners in Dublin City in place of the Council, and Commissioners in place of the Guardians, and we shall also have a continuation of the present councils in the urban districts outside Dublin and in the rural districts. I think it is fairly well admitted that the councils under the shadow of dissolution are not taking the keen, active interest in the work of administration that they would have if they thought they were going forward for re-election in a few months, that there has been, in fact, a lassitude and, in some cases, carelessness about the work of the councils. That is not good for local administration, and if it is to be the case that these councils, which were elected nearly four years ago, are to go on for another eighteen months without any prospect of having to go before the electors again, they will become a little tired, weary and careless at their work, and local administration is not likely to be tuned up to the highest pitch of efficiency.

Then there is the case of the Dublin Commissioners for Poor Law and the Commissioners for borough administration. Whatever may have been the justification for their appointment, whatever may have been the defects which they are supposed to have remedied, and which no doubt they have remedied, justification for the continuance of the Commissioners has passed; they are no longer necessary for the remedying of the defects in the old administration, if those defects existed. The position regarding the Commissioners in place of the guardians and the council is that never, I think, in the experience of any Dublin citizen now living, and perhaps for very many years before that, has there been so little sense of civic inquiry, civic responsibility, or care about civic affairs as there is to-day. We do not know at the present time to whom the Commissioners are responsible. They are not responsible to the citizens, and I am not sure to what extent they are responsible to the Minister.

I would like to have some clear intimation from the Minister whether he is answerable to the Oireachtas for the work of the Commissioners. Is he prepared to answer to the Dáil or to the Seanad for the conduct of the Commissioners in their work? One cannot get any precise information or anything to rely upon either in the Dáil or the Seanad as to their conduct of certain very important public works that have been undertaken by them, and that is quite an unsatisfactory state of things. One assumes, of course, that everything that is being done by the Commissioners is being done in order, for the good government of the city, and for efficient administration, that the law is being faithfully observed, but where any question arises as to departure from legal rectitude one cannot get any satisfaction; nobody is answerable, and there is no one to call the Commissioners to order, nobody to inquire as to whether the Commissioners have or have not stepped aside from what they would be strictly bound to do.

I am going to illustrate that by reference to a certain matter which has been brought to my notice, and which I hope the Minister will be able to deal with and give some information upon. The Commissioners for the Poor Law adopted a scheme some months ago in regard to the giving of relief to workless men. There had been a refusal to put into operation what is known as Section 13 of the Local Government Act. Instead of giving relief, the Commissioners decided that they would employ a certain number of men on certain public work at a certain rate of pay, and as it appears to me from information I have been able to get— it has not been easy to get it confirmed from authoritative quarters—the Commissioners, instead of giving relief, adopted the method of entering into what is in fact a contract for certain public work, and in the carrying out of that contract engaged unemployed men, and paid them a very low rate of pay. In the normal course of operations of work, such as the clearing of sites for building houses, it might be presumed that it would be done by ordinary contract, or by direct labour by the City Council, but instead of doing that, in the guise of giving relief to the unemployed poor, the Commissioner said: "We will clear this site; we will give you this work to do; we will give you a rate of pay which is very much lower than anything paid elsewhere, and we will call it relief." Now the benefit of that presumably goes either to the Corporation—that is to say, the City Commissioners—or to the future tenants or owners of the houses that are to be ultimately built on the site.

I am referring now to the clearing of a site and to the laying out of new roads in connection with a proposed building scheme beyond Glasnevin. I am told it is outside the city boundary, but that the City Commissioners are interested in the building scheme. I am not sure whether that is correct or not, but it is clear the work is being done by the guardians, or the Commissioners for the guardians, and it is the kind of work which would be done normally by contractors. Instead of obeying the ruling of the guardians—as I understand the guardians, as also the city council, have a standing order to the effect that they shall pay normal rates, as agreed upon with the trade unions—they have employed this particular kind of labour at the rate of 10¼d. per hour, are getting the work done at that cheap rate, and taking it out of the poor. There have been attempts to get this matter elucidated, but up to now the attempts have failed, and I would like to know from the Minister whether the Commissioners have authority for doing this work, and if he will indicate what is the legal authority that they have for doing that particular kind of work in the way they are doing it.

The position seems to me to be that this particular kind of work is being done at the expense of the standard rate of pay ruling in the city for work of the kind, that the need of the poor unemployed man is being taken advantage of to get this work done cheaply, with the effect—whether that was or was not the intention—of generally lowering the standard of the labourers' pay in building operations or in the preparation of sites for building work. This is a matter of very serious concern to a very large number of people in the city. It is a matter of importance to know whether the Commissioners are exceeding their legal powers in doing this work, and from the point of view of this Bill it is important to make this comment, that nobody is in a position to call them to order or to examine the authority under which they are acting. They are irresponsible, and they may depart from every rule, transgress every practice in carrying out their duties as Commissioners, and nobody has the right to inquire as to their authority or as to the wisdom of their actions. Because the Commissioners are in this position I want to cut short their reign as much as possible. I, therefore, think the Bill should not be allowed to pass in its present form, that, in fact, the Seanad should do its best to secure that the rule of the Commissioner in his present irresponsibility should cease as soon as possible, and that the Bill, before it leaves this House, should require that the elections should be held at a date not later than 30th June, 1929.

I think the advice tendered by Senator Johnson was only in order to make a conventional intervention in the discussion rather than to tender a serious suggestion to the House. There are, it is generally known, proposals under consideration for a very comprehensive scheme of municipal government, for an enlarged area in the vicinity of Dublin. I have not noticed any particularly enthusiastic clamour amongst the citizens of Dublin for the restoration of the Dublin Corporation. If there was evidence that public opinion was insistent on the immediate restoration of that body there might be some argument; but even Senator Johnson commented on the absence of interest in these matters, or said something of that nature. That seems to indicate that the citizens and the ratepayers of Dublin are not in any particularly urgent need of the Corporation, or are not in any particularly urgent hurry to have the Corporation restored, as I presume it would be restored at the date that Senator Johnson suggests, in practically the same form as it existed before its dissolution. But the practical consideration is: What is the use of setting up such a body within the next few months when the scheme which is to transform the whole problem, functions and conceptions of municipal government within this area is going to be dealt with at a comparatively early date? You would have gone to the trouble of having an election, and you would have gone to the trouble of creating a body, and one of your considerations would be, practically, the dissolution of it or the merging of it in a larger scheme. Probably you would create additional distraction for the consideration of this new proposal now exercising the Department concerned. I think that no argument was put forward by the Senator that should influence the House in delaying the passage of this Bill. He certainly did not put forward anything convincing, in present circumstances at any rate, for the reconstitution of the old Dublin Corporation. The real reason for the present Bill is that the greater Dublin scheme is in the course of preparation.

As Senator Milroy has said, Senator Johnson's proposal would mean that the seven urban district councils, the five rural district councils, the county council and the municipal council would, in fact, be elected before the 30th June. You would have the expense of all these elections. You would have fresh bodies coming into these councils for a few years while the actual proposals dealing with the new Greater Dublin arrangement were being put before the Oireachtas. The grounds of the inquiry covered by the Commission that dealt with Greater Dublin were very wide and exhaustive, and practically any evidence that is available on the matter is enshrined in the evidence given before that Commission and reflected in the report of the Commission. As regards further consultation between the local bodies already in existence and the Department of Local Government as to the framing of the Greater Dublin Bill, and the getting of information likely to be of use when dealing with that Bill, all that information, I may say, has been got by my Department. The information has been fully sifted for my purposes by a small Committee composed of officials in my Department. I had no application from any existing bodies, and no representations from any other people outside, that on any particular headings they required to have a discussion with me at present.

As to how far proposals for dealing with the position of Greater Dublin are advanced, I may say that they are pretty far advanced. I think that if the position were to be this: that we were to have thirteen fresh bodies elected and had to deal with them as consultative bodies in the actual working out of the proposals in regard to Greater Dublin, that we would get no fresh light on the situation. Instead, we might have a very great amount of unnecessary discussion and difficulty. There are certain financial, engineering, administrative and general co-ordinating aspects of these proposals that can be put down very plainly and systematically for such public discussion as may be required. There will be ample opportunity for such discussion as may be required on behalf of the Oireachtas. In view of that, I think that no interest of a public, private or national nature can suffer by the way in which we propose to proceed in this particular Bill.

Senator Johnson says that we may not have full time before the 30th June, 1930, to discuss this matter. I rather hope that we will. I would sooner postpone the date at which the election would have to take place to the 31st December, 1930, than have to take the alternative in Senator Johnson's proposal. I think that the Senator on reflection would perhaps agree to that, too. I take it that it is not necessary to argue that in order to get the proposals put up and sufficient time to have them examined, it is necessary to extend the date of the election to at least the 31st December.

Why not abolish them altogether?

Because it is not the policy of the Government.

You did it for six years.

It is not the opinion of the Oireachtas generally that local representation should be abolished. The position that I would like to be in is this: to have the Bill introduced before the Summer Recess so that during that period all interested would have an opportunity of studying it. I think it would be possible to get the Bill through the Dáil in the Autumn, and have it dealt with by the Seanad in the Spring. I explained in the Dáil the undesirability, from my particular point of view, of having the change take place, say, on the 1st April, 1930, even if we were in a position to bring about a change then. I do not think, with the very intricate financial disentanglements that will have to take place, that it would be suitable the change should take place at a time when the new rate was being struck. My desire is that the present bodies would strike their rate for the twelve months in the year beginning 1930, that the new bodies would come into existence before September of that year, and in that way have sufficient time to see exactly where they stood before being called upon to deal with the estimates and the striking of the rate for the following year.

Senator Johnson raised a question as to the responsibility of the Commissioners in the city of Dublin, as to whom they are answerable, and as to my responsibility in the matter. My responsibility in the matter of the conduct of the municipal government of Dublin is exactly the same as my responsibility for the conduct of the work of a county council or a municipal council. Only in the general way that I am answerable for the government of such bodies am I answerable for the government of the city of Dublin. I am answerable for the fact that I keep Commissioners there under present circumstances, but beyond that the Commissioners in Dublin are vested with the full powers, duties and responsibilities of the old Dublin Corporation. The same applies with regard to the Commissioners acting in the place of the old Board of Guardians.

The Senator complained of certain action taken with regard to the employment of a certain class of people and of certain work that is being carried on outside the city. He suggested that a system had been adopted of getting work done at a cheaper rate than it would be done at if the work were carried out at the normal labour rates paid to Corporation workers or by contract. The position was this, that at a time when a greater amount of work was being done in the building trade in the city of Dublin under the Housing Acts than in any previous year, and when the peak of unemployment over the winter period—unemployment is usually higher in the winter time than at any other period of the year—was, say, 20 per cent. lower than it was last year, the Commissioners had to deal with a certain relief situation. Everyone who has any experience of the city knows that there is a certain class of persons in it whom some people would call unemployable. For one reason or another, this class is not able to give a full day's work. That may be due to a long period of unemployment, to accidents, or to misfortune of one kind or another, but at any rate they are left in the position that they cannot be described as able-bodied men. The Commissioners considered how they might best help to solve the problem that presented itself as regards that particular class. That occurred at a time when there was more work going on in the building trade in Dublin than there had been in previous years. Prior to that the Commissioners had decided to begin the development of some of their land outside the city.

At this time they decided to utilise this particular class of persons on the development of this land. They did not get from the men they employed a full day's work in the ordinary sense. They paid them at a lower rate of wages, but there is this in connection with the work—it bears on Senator Johnson's suggestion—that while the Commissioners were getting the work done at a cheaper rate, the carrying out of that work at a normal cost has been estimated. The Commissioners, even at the present rate of pay, expect to lose, such was the output of these men, compared with what the output would be at the ordinary normal cost. If, by any chance, the cost of the carrying out of this work at the rates that have been allowed for this particular class of persons is less than the estimated cost at normal rates, the Commissioners will distribute whatever saving there is over by way of bonus to the men who have been employed up to the present. This particular class of persons exists, and if they cannot be dealt with to some extent by the Commissioners in this particular way, of relieving them and giving them an opportunity of winning themselves back to work and to a state of able-bodiedness, then I would like to hear from the Senator his proposals as to how that particular problem might be settled. In so far as the Commissioners are carrying out this particular work, they are acting completely and entirely on their own responsibility and their own powers. I know of no law that they are transgressing. The Senator suggested that it was difficult to get information from an authoritative quarter as to what was going on there. I cannot agree that there is any difficulty in that matter. As far as I know, the matter has been discussed between authoritative representatives of labour bodies and the Commissioners on, I think, a number of occasions.

Arising out of what the Minister has stated, I would like to say that I am opposed to the extension of this Bill to the 30th September, 1930, for this reason, that I am absolutely opposed to the principle of compelling people to pay rates and then giving them no voice as to the manner in which these rates should be expended. That is a wrong and a bad principle. The Commissioners were appointed without any authority under any Act of Parliament. The Corporation was dissolved and the Commissioners have been in office for the last six years. In my opinion, during all that period there has been ample time for the Government to take such steps as would enable representation to be afforded to the citizens of Dublin who pay the rates. I think it is an outrage that the citizens of Dublin who pay in or about £1,000,000 a year in rates, have no right to say how their money should be disposed of. Senator Milroy professes to be very innocent. He said he did not hear anybody clamouring to have an end put to the system of Commissioners in the city.

I said I could not discover any trace of enthusiasm for the restoration of the old Dublin Corporation.

I accept that, but I understood the Senator to say that he did not hear anyone clamouring for a change in the present position of Commissioners. If the Senator has any doubt in his mind in that respect, I would invite him to attend a meeting of any section of workers in the City of Dublin, when he will hear their views with regard to this system of Commissioners. He will hear what they have to say about it. It is all very well for the Minister to say that the proposals with regard to Greater Dublin are now under consideration, and that they need to be carefully considered in their various aspects. We know that a Commission was set up to consider proposals with regard to Greater Dublin. We are all in sympathy with that, but we think that too much time is being spent on the consideration of the proposals submitted. The Commission referred to reported to the Government nearly two years ago. Surely the Government have had ample time to consider the proposals submitted by that Commission. It is not fair that the Government should come along at this stage with the proposal that there should be a further postponement for eighteen months, and expect the House to agree to that.

I do not say that the old Corporation should be set up as it was. I never said that. I have often said that I beheved some change was necessary. What I do object to, as a Dublin-born citizen, is the stigma that is being cast on this City of Dublin by the system of having Commissioners—the disgrace that the citizens of Dublin are not fit to carry out their civic duties and responsibilities. That has been going on for the past six years, and now we are told that there can be no election before September, 1930. The Minister's predecessor promised that elections would be held in March, 1929, for the election of a new Corporation in Dublin. This is March, 1929, and to-day we are asked to postpone for a further period of eighteen months the election of a popularly-elected body in this city. I do not think that is fair. The citizens of Dublin ought not to be treated in that manner by anybody. If the intention be to adopt Mussolini methods and to refuse the ratepayers of Dublin the right to say how the rates they contribute should be spent, then let that be said out honestly and have done with it. Do not be putting it off from year to year.

With regard to what has been said by some Senators, I wish to point out that the people I represent here are not satisfied with the system of Commissioners as it is practised in the city today. On every occasion when they find it convenient to do it the Commissioners by their methods have done their best to reduce the wages of the ordinary working man to that of a pauper and starvation level. While they do that in the case of the ordinary working man, the higher officials with salaries of £1,000 a year have been given increases. I could name officials in the Dublin Corporation whose salaries have been increased by the Commissioners from £1,000 to £1,250, while the three Commissioners themselves have had increases of £200 a year. They did that while the labouring man's wages were brought down to a starvation rate. That is the result of the Commissioners' work. While that is being done, the ratepayers of Dublin are denied the opportunity of expressing their views on the matter. I think that it is not fair that the affairs of the city of Dublin should be carried on in that fashion. I think that every decent ratepayer in Dublin would be prepared to endorse the views that I have expressed on this matter. I have always admitted that a change was necessary as regards the government of the city. The old system was antiquated and worn out. Modern times call for modern methods. What I object to is the disfranchisement of the ratepayers of Dublin for this long period of six years.

There was a slogan in the old days, "No taxation without representation." That, I suggest, was a good principle to go on. The position in Dublin is that the ratepayers are to go on paying their rates but they are to get no representation. They have been disfranchised for a period of six years, and now we are told by the Minister that this is to continue for another eighteen months. We have no guarantee that even at the end of the eighteen months the citizens of Dublin will be afforded an opportunity of deciding how their civic duties and responsibilities should be carried out. These are my main objections to the Bill. I know that it is not feasible to restore the Corporation on their old lines. What I complain of is the delay in giving the people representation, and of the further postponement that is now to take place.

The Dublin Corporation was dissolved before the Cork Corporation. The representatives of the city of Cork in the Dáil and Seanad, as well as prominent people in Cork, got together and said that they wanted an end put to the Commissionership system in their city. They regarded that as a stigma on their city, and said that an effort should be made to remove it. I give them every credit for that. I admire their civic pride. They said: "We want the stigma removed from our city. We think that a Bill should be introduced immediately to give the citizens a say in the government of their city, of which they are very proud." I admire the Cork representatives for the action they took. The result was that the Cork City Management Bill was introduced. It was passed through the Dáil and is now an Act. That is what has happened in the case of Cork, though the Corporation there was not dissolved until long after the Dublin Corporation was dissolved. Dublin seems to be nobody's child. As one Dublin-born citizen I protest against it, and I say that it is an outrage that the stigma that has remained so long on this old city should be allowed to remain on it for a further period.

Senator Farren made two statements that I would like to correct. One was that the Dublin Corporation was dissolved without legal authority. The Local Government (Temporary Provisions) Act, 1923, contained the authority, and it was finally——

That was passed after they were dissolved.

No. What was passed after they were dissolved was the permanent legislation contained in the Local Government Act of 1925. The Senator spoke of promises made by a previous Minister. As a matter of fact, the alleged promises could only have been made by me. When the Local Elections Bill of 1927 was before the House I was pressed to promise that legislation dealing with Greater Dublin would be introduced in time to come into effect as from the 31st March this year. I said that it would be more advisable that the Dublin Corporation situation would be dealt with before the Cork situation, but that I saw signs that the Cork situation might be dealt with earlier if certain things happened. As events transpired, it was possible to bring the Cork situation to a fruitful issue earlier than I anticipated. For that reason the Cork Bill was dealt with and has now become law.

In connection with the Cork situation, there is this to be borne in mind, that there you were dealing with one municipal area. In the case of Dublin, you are dealing with, I think, nineteen different areas. You have about thirteen councils, operating at the moment, and the finances of these will need to be disentangled. It is consequently a very complicated situation, and I have had very excellent reasons for dealing with the Cork Bill before the Dublin Bill. It is not correct to say that there were any promises, as the Senator suggested, to deal with the Dublin situation before March, 1929.

Question put and declared carried.
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