The State (Minister for Local Government) v Ennis Mental Hospital

• Jurisdiction: Ireland
• Judgment Date: 03 March 1939
• Date: 03 March 1939
• Court: High Court

(H.C.),

The State (Minister for Local Government)

and

Committee of Management of Ennis District Mental Hospital

- Vacant Office - Appointment by local authority - Procedure under the Local Authorities (Officers and Employees) Act, 1926 - Duties of the Local Appointments Commissioners - Selection of person to be recommended by the Commissioners to the local authority to fill vacancy - Power of Commissioners to dispense with competitive examination - Concurrence of Minister for Local Government and Public Health - Validity of procedure - Local Authorities (Officers and Employees) Act, 1926 (No. 39 of1926), ss. 8, 9.

1. Sect. 8, sub-s. 1, of the Local Appointments (Officers and Employees) Act, 1926, provides that, subject to such exceptions as are or may be made by or under the Act, the Local Appointments Commissioners shall select every person to be recommended by them to a local authority under the Act solely by means of competitive examination conducted according to regulations made by the Commissioners. Sect. 9 provides: "Whenever a local authority or the Minister requests the Commissioners to recommend a person for appointment to an office to which this Act applies and the Commissioners with the concurrence of the Minister are of opinion that, having regard to the nature of the duties of that office, the knowledge and experience necessary for the...