Proceedings against the Department
The Minister outlined the officer’s High Court claims concerning the handling of his advice, duties and allegations against him. In response to follow-up questions, he said new reporting arrangements included a committee reporting directly to him, that he met the fire adviser regularly, and that the Department would cooperate if the Stardust tribunal wished to hear the officer. The Minister confirmed the officer was the fire adviser but did not commit to having him attend Dáil discussions of forthcoming legislation.
asked the Minister for the Environment whether legal proceedings were initiated against his Department by an officer (details supplied) of his Department and, if so, the details of such proceedings and the outcome thereof.
Comment on this
A High Court summons was issued on 15 May 1978 on behalf of the officer concerned. The plaintiff claimed that the Minister for the Environment was failing to consider or implement advice tendered to him by the plaintiff and was failing to carry out and implement his statutory functions; that the plaintiff was frustrated and prevented from carrying out his functions; and that certain allegations made against the plaintiff by another officer of the Department were untrue and unjustified and made in contravention of natural and constitutional justice. The plaintiff indicated on 31 July 1978 that notice of discontinuance of this court action was being served.
Comment on this
Could the Minister inform the House if at that time there was any change in the administrative arrangements in relation to that officer within the Department?
Comment on this
Yes, with regard to direct reporting. New direct reporting arrangements were set up. A committee chaired by an assistant secretary and including the principal of the fire services section and the gentleman concerned was set up with direct reporting to the Minister.
Comment on this
Has the individual officer, apart from the committee, now got the right of direct audience with the Minister?
Comment on this
I have had a number of discussions with the adviser concerned about various aspects of the fire service, the same as I have with other officers of my Department dealing with various sections of the Department on a regular basis.
Comment on this
Is the Minister indicating now if this officer will be allowed to make his views on the state of the fire service known?
Comment on this
What exactly does the Deputy mean? There are many officers dealing with various sections of local administration in my Department as well as in every other Department. They are advisers but the Minister takes responsibility for the final decisions in a democracy.
Comment on this
(Cavan-Monaghan): Is this the same officer the Taoiseach mentioned a couple of evenings ago was given permission to give evidence before the Stardust Fire Tribunal?
Comment on this
I am aware of the report the Deputy refers to. As I understand the situation, it is a matter for the tribunal whom they will call or will not call. I assure the House that if it is the wish of the tribunal that the officer concerned should go before them they will have co-operation from me.
Comment on this
Can the Minister tell the House if this particular officer has been involved in the preparation of the new legislation which he has promised to circulate next month?
Comment on this
Is it likely we will see him here advising the Minister when the legislation is being discussed?