Committee Reports > List of Committees > Joint > 1986 > Committee on Legislation > Report - Statutory Instruments [18]

APPENDIX VIII

Secretary,

Department of the Environment.

I am directed by the Chairman of the Joint Committee, Mr. Mervyn Taylor, T.D., to refer to the Local Government (Officers) Regulations, 1983 (S.I. No. 263 of 1983).

To assist the Joint Committee I am to request you to state precisely what statutory provision is considered to confer power on the Minister to authorise a local authority to made an ex-gratia payment to a suspended officer.

T. DWAN.

Clerk to Joint Committee.

25th April, 1985.

Mr. T. Dwan,

Clerk to the Joint

Committee on Legislation,

Leinster House,

Dublin 2.

A Chara,

I am directed by the Minister for the Environment to refer to your minute dated 25th April, 1985 in connection with the Local Government (Officers) Regulations, 1983 (S.I. No. 263 of 1983). I am to point out that local authorities are empowered under section 10 of the Local Government Act, 1941 as amended by section 12 of the Local Government Act, 1955 to appoint such officers as are necessary for the performance of the functions of the local authority and any officer so appointed shall be paid such remuneration as such local authority may from time to time assign to him subject to any order, regulation, direction or sanction of the Minister in accordance with section 20 of the Local Government Act, 1955. Under subsection (1) (m) of section 19 of the Local Government Act, 1941 as amended by section 14 of the Local Government Act, 1955 the Minister is empowered to make regulations providing for the suspension by local authorities of their officers and the non-payment of remuneration during suspension. The Local Government (Officers) Regulations, 1983 constitute such regulations.

The provision at article 9(2) of the 1983 Regulations to the effect that a local authority may, with the consent of the Minister, make an ex-gratia payment to a suspended officer was made by the Minister pursuant to section 19 of the Local Government Act, 1941 as amended by section 14 of the Local Government Act, 1955 as part of the provisions relating to the question of an officer’s remuneration while under suspension. This provision was included in the regulations having regard to the fact that the investigation of an officer’s fitness to hold office may continue for an extended period whereas the suspension is not a disciplinary measure in itself. Any decision in relation to the making of an ex-gratia payment would be made with due regard to all the circumstances of the case.

Mise, le meas,

Finian Matthews

Assistant Principal Officer

6 June, 1985.