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

I move amendment No. 71:

In page 20, between lines 18 and 19, to insert the following:

“Annual contribution by city council to county council

22.(1) The city council shall, each year during— (a) the period commencing on 1 January 2020 and ending on 31 December 2029, or

(b) such longer period as may be prescribed by order of the Minister, pay to the county council the annual contribution. (2) The Cork local authorities shall make an arrangement providing for— (a) the manner of payment by the city council of the annual contribution,

(b) the payment of the annual contribution by instalment or otherwise, and

(c) the date or dates by which the annual contribution shall be paid each year. (3) If the chief executives of the Cork local authorities disagree with one another as respects the amount of the annual contribution in respect of any year, either of them may refer the matter to the oversight committee for a recommendation with regard to the matter.

(4) The oversight committee shall, upon receipt of a referral under subsection (3), make a recommendation to the Cork local authorities as respects the calculation of the annual contribution in respect of the year to which the referral relates.

(5) If the chief executives of the Cork local authorities fail to agree the annual contribution in respect of any year before the expiration of one month from the making of a recommendation under subsection (4), the Minister shall give them a direction specifying the annual contribution payable and requiring that it be paid by such date as is specified in the direction.

(6) The chief executives of the Cork local authorities shall comply with a direction under subsection (5).

(7) The county council may, at any time before the expiration of the period referred to in paragraph (a)of subsection (1), request the Minister to make an order referred to in paragraph (b)of that section.

(8) The county council shall, when making a request under subsection (7), provide the Minister with a statement of reasons for the request.

(9) Upon receiving a request under subsection (7), the Minister shall provide — (a) a copy of that request, and

(b) the statement of reasons provided under subsection (8)in relation to the request, to the city council, and shall invite the city council to make representations to him or her in relation to the request. (10) The Minister shall not make an order referred to in paragraph (b)of subsection (1)unless he or she— (a) receives a request under subsection (7), and

(b) has considered any representations made by the city council in relation to the request. (11) Where the annual contribution remains unpaid (in whole or in part) upon the expiration of the year in which it is payable, that contribution or that part of the contribution that remains unpaid shall be recoverable by the county council in any court of competent jurisdiction as a simple contract debt.

(12) In this section— “annual contribution” means, in relation to any year comprised in the period referred to in subsection (1), a sum equal to the aggregate of all relevant sums received minus the aggregate of all expenditure incurred, adjusted (in such manner as is specified in the implementation plan) for the purpose of taking account of changes in the value of money during the period ending on 1 January of that year;

“expenditure” means expenditure (other than expenditure funded by moneys paid to the county council from the Local Government Fund, the Central Fund or moneys voted by the Oireachtas) by the county council in the provision of services in the relevant area during the local financial year 2017;

“relevant sums” shall be construed in accordance with section 21;

“relevant sums received” means relevant sums received by the county council during the local financial year 2017 (whether or not the liability on the part of any person to pay any such sums was incurred during that year).”.