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IMEACHTA AN CHOISTE.PROCEEDINGS OF THE COMMITTEE.Déardaoin, 20adh Feabhra, 1930.Thursday, 20th February, 1930.1. The Committee met at 11 a.m. 2. Present: Deputy O. G. Esmonde (in the Chair), Deputies F. H. Crowley, Doherty, T. Hennessy, M. Jordan, Myles, O’Mahony and Ward. 3. Draft Report brought in by the Chairman; read a first time as follows:— The Select Committee appointed to inquire and report whether, having regard to the experience gained in the working of the Local Authorities (Officers and Employees) Act, 1926, any amendment of that Act is desirable, reports as follows:— 1. The terms of reference to the Committee did not contain a provision empowering the Committee to send for persons, papers and records. Consequently the Committee was precluded from taking oral evidence. The Committee decided, however, that the “local authorities” as defined by the Act should be informed of the setting up of the Committee and of its terms of reference, and should be invited to submit in writing any representations within the terms of reference which they wished to make. In response to that invitation, memoranda were received from one hundred and seventeen of the two hundred and forty-nine local authorities circularised. Seven local authorities expressed satisfaction with the working of the Act, twenty-three were opposed to the principle of the Act, sixty-seven suggested amendments of the Act or of the procedure thereunder and twenty stated they had no observations to offer. 2. A similar procedure was followed in the case of professional associations interested in the working of the Act. Memoranda were received from the Irish Local Government Officials’ Union, the Irish Medical Committee, the Tuberculosis Medical Officers’ Association, the Irish Dental Association, the Irish Nurses’ Union and the Irish Nurses’ Association, suggesting amendments of the Act or of the procedure thereunder. The Pharmaceutical Society of Ireland and the Dublin and Provincial Retail Drug Association expressed satisfaction with the working of the Act. 3. In addition to the communications referred to in the previous paragraphs, the Secretary of the Association of Chambers of Commerce of the Irish Free State forwarded to the Committee a letter expressing the satisfaction of his Association with the working of the Act. 4. At the request of the Committee, a Memorandum was furnished by the Local Appointments Commissioners setting forth their Procedure under the Act. 5. The Committee makes the following Recommendations:— (i) That the functions assigned to the Local Appointments Commissioners under the Act be fulfilled in future by the Commissioners appointed under the Civil Service Regulation Act, 1924 (No. 5 of 1924). (ii) In the event of the foregoing Recommendation not being accepted, the Committee recommends that only a person in the Civil Service of Saorstát Eireann shall be eligible for appointment as a Commissioner under the Act. (iii) That sub-section (1) of section 5 of the Act be repealed, and that promotions as well as new appointments be brought within the control of the Local Appointments Commission. (iv) That section 7 be amended so as to provide that regulations prescribing the qualifications for all offices comprised in any particular description, class or grade of offices to which the Act applies shall be laid before each House of the Oireachtas as soon as may be after such regulations have been made. (v) (a) That provision should be made for competitive examination by way of written tests for all appointments to the public service other than appointments requiring professional or technical qualifications. (b) That for appointments requiring professional or technical qualifications examinations should be held by the Local Appointments Commission acting by Selection Boards appointed for the purpose, that such Selection Boards in selecting candidates with a view to appointment should have regard to the post-graduate diplomas or similar distinctions and the experience of the candidates, the latter qualification to be ascertained, if necessary, by a practical test. (vi) That with a view to the filling of appointments requiring professional or technical qualifications and where, in the opinion of the Local Appointments Commissioners, the number of expected vacancies for any particular class of appointment justifies the procedure, rosters of qualified candidates should be framed by the Local Appointments Commissioners four times a year, based on the procedure as regards examination by Selection Boards outlined in the Recommendation at (v) (b); that each such roster should consist of such number of qualified candidates as is necessary to fill the estimated vacancies in the particular class of appointments occurring within the ensuing three months; and that any candidate for inclusion in such roster shall be entitled, on application to the Local Appointments Commissioners, to be informed of his place in the order of merit as determined by the said Commissioners. (vii) That every Selection Board to be set up by the Commissioners for the selection of candidates with a view to any recommendation for appointment under the Act should be constituted after consultation with the heads of the section of the Department of State concerned. (viii) That if in any case the Commissioners do not recommend for appointment the candidate placed first in order of merit by the Selection Board the Commissioners shall inform the Selection Board as to the reasons for not recommending such candidate for appointment. Deputy O’Mahony moved: “That the Chairman’s Draft Report be read a second time.” Question put, and agreed to. Report considered paragraph by paragraph. (i) Paragraphs 1 to 4 inclusive agreed to. (ii) Paragraph 5. Amendment proposed (Deputy Ward): “To delete sub-paragraph (iii).” Question put, and negatived— Deputies Crowley and Ward dissenting. Amendment proposed (Deputy Ward): “In sub-paragraph (v) (b) to delete the words ‘if necessary.’” Question put, and agreed to. Amendment proposed (Deputy Hennessy): “To insert immediately after clause (b) of sub-paragraph (v) a new clause (c) as follows:— ‘That it should be a statutory instruction to Selection Boards that in assessing the relative merits of candidates in regard to the factor of personality, marks should be awarded only in respect of personal appearance and general bearing, and that the maximum number of marks prescribed under that heading should not be greater than is represented by three per cent. of the total number of marks obtainable.’” Amendment amended, by leave, by the substitution of the word “five” for the word “three.” Question, as amended, put and agreed to. Amendment proposed (Deputy Ward): In sub-paragraph (vi) to delete all from the words ‘and where’ down to ‘justifies the procedure,’ both inclusive, and insert before the words ‘four times a year’ the words ‘as often as the number of expected vacancies justifies it, but not oftener than.’” Question put, and agreed to— Deputy Esmonde dissenting. Amendment proposed (Deputy Hennessy). “In sub-paragraph (vi) to insert after ‘Recommendation at (v) (b)’ the word and letter ‘and (c).’” Question put, and agreed to. Amendment proposed (Deputy Jordan); “In sub-paragraph (vi) to delete the words ‘three months’ and substitute therefor the word ‘period.’” Question put, and agreed to. Amendment proposed (Deputy Jordan): “In sub-paragraph (vi) to delete the words ‘on application to the Local Appointments Commissioners.’” Question put, and agreed to— Deputy Esmonde dissenting. Amendment proposed (Deputy Myles): “In sub-paragraph (vii) to delete the words ‘after consultation with the heads of the section’ and substitute therefor the words ‘with the assistance of the expert advice.’” Question put, and agreed to. Amendment proposed (Deputy Hennessy): “To insert before sub-paragraph (viii) a new sub-paragraph as follows:— ‘That in arriving at a decision as to the most highly qualified and suitable person to be recommended to the Local Authority for appointment under the Act, the Local Appointments Commission should not give any preference to a candidate by reason of his birth or residence in the area in which the vacancy exists or by reason of any other association with that area.’” Question put, and negatived. Paragraph, as amended, agreed to. Deputy Jordan moved: “That the Chairman’s Draft Report, as amended, be the Report of the Committee.” Question put, and agreed to. Ordered: To report accordingly. 4. The Committee concluded its business at 1.30 p.m. |
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