Oireachtas Joint and Select Committees
Tuesday, 3 December 2013
Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government
Local Government Bill 2013: Committee Stage
2:55 pm
Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source
I move amendment No. 84:
The Bill provides, for the first time, that the statutory powers of elected members are being set out clearly in one Act by way of comprehensive a schedule of reserved functions. The increase in the number of reserved functions gives greater power, responsibility and accountability to the elected members and is recognition of their role within the council. The provision of customer service delivery plans is a key element of the continuing focus on implementing the local government efficiency agenda.
In page 58, between lines 27 and 28, to insert the following:
"Local authority service delivery plans
46.The Principal Act is amended by inserting the following section after section 134:"134A. (1)In respect of the local financial year which follows the commencement of this section and in respect of everyfinancial year thereafter, each local authority shall prepare in accordance with subsection (5) a plan (in this section and
Part 3 of Schedule 14Areferred to as a 'service delivery plan') identifying the services intended to be provided by it to
the public.
(2) The service delivery plan of a local authority shall be consistent with the provisions in the local authority budget of the expenditure estimated to be necessary for the local authority to carry out is functions during the local financial year to which that plan relates.
(3) The service delivery plan of a local authority shall take account of best practice in service delivery (including, where appropriate in relation to the delivery of services, best practice having regard to performance of functions identified pursuant to section 126C(1)(c) and that plan shall include-
(a) a statement of the principal services that will either continue to be provided or will otherwise be provided by the local authority in respect of the local financial year to which the plan relates,
(b)the objectives and priorities for the delivery of each of the services to which paragraph (a) relates, and the strategies for achieving those objectives and priorities,
(c)the performance standards intended to be met in the delivery of services, including reference to each appropriate performance standard prescribed by the Minister,
(d)the manner in which the local authority proposes to assess its performance in respect of the delivery of services, including identification of the relevant indicators for the purposes of section 126C(1)(a) and the performance indicators and performance standards prescribed by the Minister under subsection (7) as are appropriate to each service in the service delivery plan, and
(e)such other matters as may be provided for by the Minister under subsection (7) or (8),
(4) In preparing its service delivery plan a local authority shall-
(a)take account of such policies and objectives in relation to any of its functional programmes that are set out in-
(i)any other plan, statement or strategy under the Local Government Acts 1925 to 2013,
(ii)any service level agreements, or
(iii)any other document prepared by it under this Act or any other enactment,
and in so preparing its plan the local authority shall comply with sections 69 and 71, and
(b)having regard to the outcome of any assessment carried out pursuant to subsection (6), indicate the actions proposed to be taken to meet any performance standard prescribed by the Minister under subsection (7) or as a result of a comparison with any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).
(5) (a) As soon as may be following the adoption of the local authority budget, the service delivery plan shall be-
(i) prepared, in consultation with the elected members, under the direction of the chief executive in such manner, and in accordance with the timescale and format as may be prescribed by regulations made by the Minister, and
(ii)considered by the elected members and be adopted by resolution, with or without amendment, within such time limit and in accordance with such conditions and requirements, as may be so prescribed.
(b)In making an amendment under paragraph (a)(ii), the elected members shall have regard to the local authority budget adopted in accordance with section 103(9).
(c)The adoption of the service delivery plan, with or without amendments, is a reserved function.
(6) A local authority shall include in its annual report an assessment of its delivery of services during the year concerned when compared with its service delivery plan for that year, including reference to those performance standards and performance indicators specified in regulations made under this section and such relevant indicators identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) as are appropriate.
(7) (a)The Minister may make regulations for one or more of the following matters:
(i)performance standards against which the effectiveness and efficiency of the delivery of services may be measured, and performance indicators to facilitate the evaluation of the performance of the local authority;
(ii)the comparison of one local authority, or class of local authorities, to another local authority or class of local authorities, as the case may be, in the delivery of services, and as appropriate, against any performance standard specified;
(iii)such other matters as the Minister may consider appropriate in relation to the preparation of service delivery plans.
(b)Before making regulations under this subsection, the Minister shall consult with the National Oversight and Audit Commission, and with any other Minister of the Government in respect of services provided by a local authority for which that other Minister is responsible.
(c)Regulations made by the Minister under this subsection shall be without prejudice to relevant indicators specified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1).
(8) (a)The Minister may issue guidelines in respect of-
(i)the content and preparation of service delivery plans,
(ii) publication of service delivery plans,
(iii) such other matters as the Minister may consider appropriate and each local authority shall have regard to such guidelines.
(b)Guidelines under this subsection may provide for a service delivery plan of a local authority to take account of and to reflect the principal activities of municipal district members within its administrative area and for necessary consultation for that purpose.".".
Service delivery plans provide for a new methodology whereby local authorities can clearly identify the services they will be providing, and the standards to which these are expected to be provided. It is increasingly important that citizens and communities can see what services they are getting for the taxes they pay for local authority services, via the local property tax. They must also be able to see whether the local authority has delivered what it promised, and whether they are getting value for money compared to the services provided in neighbouring or similar local authorities.
Accordingly, ongoing evaluation on performance, and year-on-year assessment of how delivery can be improved, is a critical element of this provision. The service delivery plans will be tied in closely with the proposed move from the current service indicators reporting system to a more qualitative performance indicator-performance standard model. Service delivery plans must be based on a realistic understanding of the choices made by the local authority in finalising its annual budget and reflect the prioritisation of the elected members.
Accordingly, the service delivery plans will be adopted promptly after the finalisation of the budget and I will be providing for timeframes for this to be done. Ideally, the plans will be prepared as much as possible in parallel with the annual budgetary cycle, to maintain a realistic link between the services the local authority needs to or would like, to provide, in the context of the budgetary decisions made. It is intended that the service delivery plans will reference and recognise the work of the National Oversight and Audit Commission being established under the Bill.
Furthermore, each local authority annual report will include a comprehensive review of performance of the service plans against certain performance standards by reference to the performance indicators. Reporting on the annual service delivery plans will show where a local authority is improving, or not improving, as the case may be. This will allow the public see how local authorities are performing against their agreed targets and decide for themselves whether they consider that their local authority is providing real value for money.
Amendment No. 131 is a related numbering change. Amendment No. 182 provides for the insertion in the schedule listing the reserved functions of the local authority that the adoption of a local authority service delivery plan is such a function.
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