Committee Reports > List of Committees > Dáil > 1930 > Select Committee on Local Authorities (Officers and Employees) Act, 1926 > Report - Local Authorities (Officers and Employees) Act 1926

REPORT.

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 office 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 by a practical test.

(c) 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 five per cent. of the total number of marks obtainable.

(vi) That with a view to the filling of appointments requiring professional or technical qualifications, rosters of qualified candidates should be framed by the Local Appointments Commissioners as often as the number of expected vacancies justifies it, but not oftener than four times a year, based on the procedure as regards examination by Selection Boards outlined in the Recommendation at (v) (b) and (c); 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 period; and that any candidate for inclusion in such roster shall be entitled 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 with the assistance of the expert advice 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.

(Signed) O, GRATTAN ESMONDE,

Chairman.

20th February, 1930.