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

On indemnification against an unexpected liability, the Department cannot produce a blank cheque for any local authority. There are provisions that if a claim is submitted after the transfer day by a person who, say, had a fall before the date on land owned by the county council, the claim will be made against the city council. It also means the city council will substitute for the county council in any contracts or services made by the county council before the transfer day that have not yet expired and relate exclusively to functions in the relevant area. If such a contract applies to functions performable in both the relevant area and part of the county council remaining within that authority's administrative area, the city council will become another party to the contract and payments arising under the contract will have to be apportioned between the two authorities based on population. Essentially, in the case of an individual who is making a claim against the county council for a fall that occurred in the area that is transferring, the claim will subsequently arise against the city council because the land is being transferred to the city council. However, this also means the city council will substitute for the county council in any contracts for services that are made by the council before transfer day but have not been executed before that day.