§ 22. Mr. R. RICHARDSONasked the Secretary of State for the Colonies whether Southern Irish civil servants are at liberty to voluntarily retire without the permission of the Civil Service Committee under the statutory conditions laid down in Schedule 8 of the Government of Ireland Act, 1920; if so, are they entitled to have the seven years' transitionary period added to their service; and whether Irish prison officers, who may retire under the said Act either with or without the permission of the Civil Service Committee, or who may be compelled to retire, are entitled to have every 204 year which may be added over 30 to count as two in accordance with the provisions of the Prison Officers Superannuation Act, 1919?
§ Mr. CHURCHILLThe Government of Ireland Act, 1920, provides that Irish officers may retire voluntarily under the statutory conditions of retirement without the permission of the Civil Service Committee, and that any officer who may so retire may reckon his years of service for the purpose of calculating his compensation allowances as if he had served up to the end of the transitional period, or to the time when he would have reached the age of 65, whichever may be the earlier. I am advised that the provisions of the Prison Officers Superannuation Act, 1919, would apply to any prison officer retiring under these conditions. As the hon. Member is no doubt aware, Article 10 of the Treaty provides that any public servant who may retire in consequence of the change of Government shall receive compensation on terms not less favourable than those accorded by the Act of 1920.
§ 23. Sir JOHN BUTCHERasked the Secretary of State for the Colonies whether the negotiations and discussions which were stated by him on 27th February last to be proceeding between the representatives of His Majesty's Government and of the Provisional Government as to the terms on which the public servants mentioned in Article 10 of the Treaty are to retire on pension or be discharged, have now been concluded; whether he will state the result, and say whether those persons have the option of retiring on a pension; with what period that option must be exercised; and whether the Irish Free State Government will be entitled to discharge all or any of such persons without cause assigned?
§ Mr. CHURCHILLThe answer to the first part of the question is in the negative. Subject to the qualification clearly laid down in Article 10 of the Treaty that the public servants therein referred to who may be discharged by the Free State Government, or who may retire in consequence of the change of Government shall be entitled to fair compensation on terms not less favourable than those accorded by the Act of 1920, and to the provisions of Article 7 (ii) and 8 of the Provisional Government (Transfer of Functions) 205 Order, 1922, which apply this qualification to the period during which the Provisional Government remains in office and secure during that period to officers transferred to that Government their existing tenure. The matters referred to by the hon. and learned Member in the second, third and fourth parts of the question are matters which can properly be dealt with in the Free State Constitution, or in the Act confirming that Constitution and will be discussed with the Provisional Government prior to the publication of the Constitution. In the meantime I am not in a position to give a more definite reply on those points.
§ Sir J. BUTCHERIn view of the great importance of this question to a very large number of public servants in Ireland, will the right hon. Gentleman assure us that the matters referred to in this question are to be mentioned in the House, and the terms announced to the House, before being finally settled in the Bill embodying the Constitution of the Free State?
§ Mr. CHURCHILLI would like to have notice of that question.
§ Sir J. BUTCHERWill the right hon. Gentleman remember that we have been told we cannot alter the Bill dealing with the Constitution of the Free State, and unless we have an opportunity beforehand of discussing those matters, it may be too late to do so at all?