Re National Insurance Act, 1911; The case of the Officers of South Dublin Union

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 30 January 1913
• Court: Chancery Division (Ireland)
• Date: 30 January 1913

In re National Insurance Act, 1911. The Case of the Officers of South Dublin Union.

M. R.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1913.

National Insurance — Officers of poor law union — Employment — Contract of service — National Insurance Act, 1911 (1 & 2 Geo. 5, c. 55), section 1, sub-sections (1) (2); section 66, sub-section 1 (iii); First Schedule, Part I. (a), Part II. (b).

Officers of a poor law union are not employed under a contract of service within the meaning of Part I. of the first Schedule of the National Insurance Act, 1911.

Motion.

In this case the question was raised by motion under section 66, sub-sect. 1 (iii), of the National Insurance Act, 1911, whether the employment of certain classes of officers of the South Dublin Poor Law Union was “employment” within the meaning of Part I. of the Act. The application was made at the instance of the Irish Insurance Commissioners.

The classes of employment mentioned in the notice of motion were as follows:—

Class I.—(a) Those who are in receipt of a salary of over £160 a year, and are not employed by way of manual labour.

(b) Those who are in receipt of a salary of under £160 a year, but who are entitled to allowances which would bring their remuneration to over £160, and who are not employed by way of manual labour.

(c) Those whose employment involves part time service only, and the rate of whose remuneration would in the opinion of the Insurance Commissioners, if for whole time service, be over £160 a year, and who are not employed by way of manual labour.

Class II.—Nurse of the workhouse. Matron of the workhouse. Schoolmaster of the workhouse. Schoolmistress of the workhouse. Porter of the workhouse. Trained nurses. Qualified nurses. Wardsmaids. Assistants employed in the workhouse infirmary and hospital.

Class III.—The assistants to the various officers enumerated in Article 4 of the Order of the Local Government Board of July 5th, 1901.

Class IV.—Temporary nurses, wardsmaids, and attendants engaged by the master, under said Article 4.

By the Irish Poor Relief Act, 1838 (1 & 2 Vict. c. 56), s. 27, boards of guardians were authorized to enter into and execute all such contracts connected with the relief of the poor and with the purpose of the Act as should be enjoined or permitted by the orders of the Commissioners, and they were empowered to govern and manage the workhouses of their respective unions and to direct the officers of such unions in the execution of their duties, subject to the orders of the Poor Law Commissioners, now the Local Government Board. By section 31 it was enacted that it should be lawful for the Commissioners by their orders to direct the guardians of any union to appoint such paid officers with such qualifications as the Commissioners should think necessary for superintending, acting, and assisting in the election of guardians, in the collection of rates, in the administration of the relief and management of the destitute poor, and otherwise carrying the provisions of the Act into execution; and the Commissioners were further empowered to define, specify, and direct the execution of the respective duties of such officers or the places or limits within which the same should be performed, and direct the mode of the appointment, and determine the continuance in office or dismissal of such officers. By section 32 the salaries were made chargeable on, and payable out of, the poor rates, and the guardians were empowered to raise by rate such sums as should be sufficient to pay such salaries. By section 33 the Commissioners were empowered to remove any paid officers. By section 92 it was enacted that the Commissioners might direct the boards of guardians of so many unions as they might think fit to join in making any contract, and that any contract which should be entered into by or on behalf of any union for, or relating to, the maintenance, clothing, lodgment, or relief of the destitute poor, or for any other purpose relating to or connected with the general management of the destitute poor, or the execution of the Act, which should not be made and entered into in conformity with the orders of the Commissioners or otherwise sanctioned by them, should be null and void.

The Order of the Local Government Board, Ireland, of December 18th, 1882, as amended by the Order of July 5th, 1901, regulates the meetings and proceedings of boards of guardians in Ireland, and the appointment and duties of union officers. Article 10 provides that every question at any meeting of the guardians shall be decided by a majority of the guardians present and voting. In case of an equal number of votes on any question, it should be deemed lost. No business to be transacted unless at least three guardians are present. Unless a larger number the three must concur to render any act valid. Voting to be open. Articles 15-21 deal with contracts. Article 15 provides that all contracts to be entered into on behalf of the union, relating to the maintenance, clothing, lodging, employment, or relief of the poor, or for any other purpose relating to, or connected with, the general management of the poor, shall be made and entered into by the guardians. Articles 16 and 17 require sealed tenders for goods or materials or work, except in case of small amounts. Article 20 provides that the contracts are to be in such form as the Local Government Board may approve. Article 24 provides that the board of guardians should as soon as might be requisite, and from time to time upon the occurrence of any vacancy, appoint fit persons to perform respectively the duties specified by the rules and regulations of the Local Government Board in force at the time to be the duties of the following officers:—(1) Clerk to the Guardians. (2) Treasurer to the Union. (3) Medical officer of the workhouse. (4) Master of the workhouse. (5) Matron. (6) Porter. (7) Schoolmaster. (8) Schoolmistress; and shall appoint such assistants as the board of guardians, with the consent of the Local Government Board, shall deem necessary for the efficient performance of the duties of the said several officers.

Article 24 was revoked by the Order of July 5th, 1901; and Article 4 (a) substituted for it, is as follows:—

“4 (a) The board of guardians shall as soon as may be requisite and from time to time hereafter upon the occurrence of any vacancy appoint, subject to our approval, fit persons to perform respectively the duties specified by our rules and regulations in force at the time to be the duties of the following officers:—

“(1) Clerk to the Guardians. (2) Medical officer of the workhouse. (3) Master of the workhouse. (4) Nurse of the workhouse. (5) Matron of the workhouse. (6) Schoolmaster of the workhouse. (7) Schoolmistress of the workhouse. (8) Porter of the workhouse.”

4 (c) Prescribes the duties of the Nurse of the workhouse.

“4 (d) The board of guardians shall, subject to our approval in each case, appoint such and so many ‘Qualified Nurses’ to assist the ‘Nurse of the workhouse’ in the performance of her duties as above mentioned, and generally in the nursing and care of the sick in the workhouse, and also such and so many ‘Wardsmaids’ and ‘Attendants’ for the discharge of menial duties in the infirmary and hospital, as we shall from time to time deem necessary.

“4 (e) In any case in which under Article 4 (d) the appointment of a nurse, wardsmaid, or attendant is required temporarily, owing to the increase in the number of patients, or for any other reason, the board of guardians shall, subject to our approval, stipulate (notwithstanding the provisions of Article 5 hereof as to continuance in office) that any persons whose services are so required temporarily shall hold office for such term and at such remuneration as shall be directed or approved by us.

“4 (f) If in any emergency it appears to the medical officer that the employment of one or more temporary nurses or wardsmaids or attendants is requisite for the proper treatment of any patient or patients in the union infirmary or fever hospital, and if he informs the master of the workhouse in writing accordingly, it shall be the duty of the master to engage a fit person or persons to act as such until the next meeting of the guardians, and the guardians shall pay to any person so engaged such remuneration and expenses as we may approve or direct. When communicating with the master, the medical officer shall at the same time report fully in writing the facts of the case to the guardians and to us.

“4 (g) The boards of guardians shall appoint such and so many assistants as they, with our consent and approval, shall deem necessary for the efficient performance of the duties of the duties of the said several officers other than the Nurse of the workhouse, as hereinbefore provided.”

Article 25 of the Order of 1882 prescribes the duties of officers as follows:—The officers so appointed or holding any of the said offices shall respectively perform the duties required of them in such manner as may be prescribed by the General Orders of the Local Government Board in force at the time, or by any Special Order which may be made by the Local Government Board from time to time, affecting any particular union and the officers thereof, and shall discharge all such other duties conformable with the nature of their respective duties, as the board of guardians may lawfully require them to perform.

Mode of Appointment. Article 27.—Every officer or assistant to be appointed under this Order shall be appointed by a majority of the guardians present at any meeting of the board, in the manner directed in Article 10, and every such appointment shall, as soon as the same shall have been made, be reported to the Local Government Board by the clerk to the guardians.

Article 28.—No appointment of any officer or assistant shall be made...