Oireachtas Joint and Select Committees

Wednesday, 5 December 2018

Select Committee on Housing, Planning and Local Government

Local Government Bill 2018: Committee Stage

6:00 pm

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I move amendment No. 4:

In page 8, to delete lines 1 to 4 and substitute the following: “(2) The Minister may give the chief executive of the city council or the chief executive of the county council such directions, in relation to—
(a) the performance of his or her functions under, or for the purposes of, this Act, the implementation of the Cork boundary alteration, as the Minister considers appropriate.”.

(b) the implementation of the Cork boundary alteration, as the Minister considers appropriate.”.

These are drafting amendments rather than substantive changes to the provisions. Amendment No. 4 replaces section 5(2) relating to directions of the Minister with a new subsection that spreads the content over two paragraphs.

Amendments Nos. 16, 17 and 19 are minor drafting amendments to remove superfluous commas in section 11.

Amendments Nos. 21 to 23, inclusive, to section 12 are technical drafting changes. Amendment No. 21 replaces section 12(2) with revised text that replaces "document" with "other instrument", clarifies that the provision applies to instruments made by the county council and divides some of the content into two paragraphs. Amendments Nos. 22 and 23 move some of the content of the existing section 12(3) into a new section 12(4).

Amendment No. 64 is a drafting change to make the word "purpose" in section 19(2) plural and amendment No. 66 is a drafting change to insert the word "the" before "effective" in section 19(3)(c).

Amendment No. 73 replaces the words "in respect of" with the word "for" before the first occurrence of "municipal districts" in section 21(3). Amendment No. 76 has the effect of making the published section 23(3) applicable to interim polling district arrangements made by the county council only. Amendment No. 75 inserts an additional subsection (2) into the section that is essentially a repeat of the published subsection (3), except applicable to interim polling district arrangements made by Cork City Council only.

Amendment No. 80 amends section 25(2)(b) by changing "after the transfer day" to "from the transfer day".

Amendments Nos. 84 to 86, inclusive, reword the provisions in section 26. The effect of the first two of these amendments is to move the position of the words "in so far only as it is not inconsistent with this Act" in subsection (1). The third amendment rewords subsection (4) without changing the meaning or effect of the provision.

Amendment No. 90 is a technical drafting change to update the collective citation of the Housing Acts in the published section 28(3)(b) to include the most recent collective citation contained in the Residential Tenancies (Amendment) Act 2015.

Amendments Nos. 95 and 96 are two technical drafting amendments to section 29, the first of which changes the place within section 10(5) of the Local Government Act 2001 where the new paragraph referencing Part 2 of the Bill will be inserted and the second of which changes the order of the words in the first line of subsection 29(c).

Amendment No. 97 changes the reference to "Local Government Act 1991" at the start of the section 30 provision to use instead the abbreviation defined in section 2 of the Bill. Amendment No. 98 adds two commas to the provision being substituted for section 31(2) the 1991 Act. Amendment No. 99 adds the word "and" to the provision being substituted for section 33(4)(b) of the 1991 Act.

Amendment No. 101 to the published section 31 replaces "material change" with "material change of circumstances", which is the full definition used in the Valuation Act section 3 provision in question.

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