Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the committee for inviting me to discuss the general scheme of the local government (directly elected mayor executive functions in Limerick city & county) Bill, which was approved by Government on 20 April 2021. I am joined by Ms Mairead Ryan and Mr. Paris Beausang from the Department's franchise section and by Mr. Diarmuid O'Leary, Ms Áinle Ní Bhriain and Mr. Grant Couper from the Department's local government section. I also thank the committee for agreeing to pre-legislative scrutiny of this general scheme of the Bill so promptly.

I look forward to outlining the policy proposals, which will significantly reform how local government operates in both Limerick city and county. The general scheme sets out the major local government reform, providing for the establishment of an empowered mayor with democratic mandate from across the entire local authority area. The office of the directly elected mayor will make Limerick City and County very different to the other 30 local authorities, but could also serve as a model for future directly elected mayors with executive functions. It will have potentially a very positive effect and impact on the people of Limerick, but also could have policy implications across all of government and for the way central services are delivered to the citizen.

The general scheme takes account of the report of the implementation of the advisory group for the directly elected mayor in Limerick, published in November 2020 and provided to the committee at that stage. The group's report is tremendously ambitious for both Limerick and for the role of directly elected mayor. In the general scheme, the Government has agreed to include as many of the report's recommendations as possible at this stage. Further consideration and exploration of other recommendations will continue with other Departments in the weeks and months ahead. The general scheme provides for key pillars needed to create the office of the directly elected mayor with executive functions, including structures and governance, additional and enhanced powers, a mechanism to remove a mayor in limited circumstances and an electoral code to hold mayoral elections in Limerick.

The general scheme also includes provisions to allow for a plebiscite on directly elected mayors in other jurisdictions, as per the commitment in Programme for Government: Our Shared Future. I will outline the main points of these distinct pillars. Part two, office of directly elected mayor with executive functions, sets out the structures and governance provision for the establishment of the office of directly elected mayor with executive functions in Limerick, including the necessary governance structures underpinning that office. The mayor shall be the head of the local authority and anex officiomember of the council. Most of the existing executive functions that currently rest with the chief executive will become the responsibility of the mayor. Once the mayor's office is established, the roles of cathaoirleach, leas-chathaoirleach and chief executive will no longer exist in Limerick. These roles are replaced by new roles of directly elected mayor, príomh comhairleoir, and director general. The príomh comhairleoir will be elected from among the members and will act as speaker of the council. This is to ensure a separation of executive functions and reserved functions. The director general will replace the role of chief executive and will be responsible for certain executive functions which will not transfer to the mayor. These shall become specified functions. The director general will also have a statutory role in supporting the mayor in the administration of the local authority.

It is important to stress that the directly elected mayor will be accountable to the elected council as well as directly to the people of Limerick. Existing provisions relating to the oversight of the chief executive by the elected council are therefore mirrored and, indeed, strengthened in the general scheme to allow for the council's oversight of the mayor. Key provisions relating to prior information to elected councillors, direction that works not proceed, and a requirement that a particular thing be done will apply equally to the mayor in the performance of mayoral executive functions and to the director general in the performance of specified functions. There will be a formal structure to allow individual councillors to raise questions with the mayor, similar to the parliamentary question system operated in the Dáil, in addition to other formal structures which will provide for the council to ask the mayor to report on activities. Additional and enhanced powers are delivered by the creation of structures to enhance urban and rural development and the statutory right to contribute to and be consulted on all matters that impact on Limerick city and county.

The general scheme contains a specific chapter which provides for the creation of several new structures and mayoral functions. These include the establishment of a ministerial forum at national level to aid in the future development of the role of mayor in Limerick. The forum will oversee the smooth transition of executive responsibility to the mayor, examine new policy development and decisions at Government level and how they impact on Limerick, consider new functions and powers to be transferred to Limerick, and oversee implementation of the national planning framework in Limerick.

The general scheme provides for the establishment of a local structure in Limerick, led by the mayor, to support the delivery of the national planning framework and Project Ireland 2040 in the Limerick city region. The purpose of the Limerick Project Ireland 2040 delivery board is to ensure the co-ordination of all strategic spatial planning and investment necessary to achieve the delivery of Project Ireland 2040 city growth for the Limerick city region, in line with the objectives of the national planning framework, NPF, the national development plan, NDP, and the regional spatial and economic strategy, RSES. The delivery board will also monitor progress, including on development priorities for large-scale housing and regeneration, employment and enterprise and supporting infrastructure, amenities and investment in terms of transport, water services and climate action.

The mayor will have the power to convene a rural board to devise a programme of measures to support rural Limerick and to examine all aspects of rural life in Limerick. These measures will focus on co-ordinating across all government supports in this sphere, with a particular role in co-ordinating the various funding streams available. It is important to stress that the mayor will be mayor for all of Limerick, not just the city. Finally, and perhaps most significantly, the mayor shall have the statutory power to convene stakeholders locally on matters affecting Limerick, and to be consulted by Departments on the dimensions of national policy that affect the well-being of Limerick.

Provision for a detailed mechanism for the removal of the mayor, as part of a suite of accountability measures, is included in the general scheme. It is important to highlight that the removal of a democratically elected individual is a serious matter. Therefore, the bar for such action is high and should only be pursued after careful consideration. The process involves several stages in both initiating the action and successfully achieving an outcome, involving a majority of 75% in the council, an independent panel review, consideration by the Minister and a positive resolution in the Houses of the Oireachtas.

The general scheme also provides for the holding of mayoral elections, which will be conducted along similar lines to other elections. The mayor will be elected by the direct vote of the people and voting will be by secret ballot on the single transferable vote system. The system will mirror that used in presidential elections. An officer of Limerick City and County Council will be the returning officer at the election. All persons entitled to vote at local elections in the Limerick city and county area will have the right to vote at the mayoral election. The general scheme also contains measures which would assist with holding an electoral event safely, should Covid-19 restrictions be in place. These measures include conducting a poll over two days to facilitate social distancing and providing a postal vote for those on the special voters list should nursing homes and similar institutions be inaccessible.

The Programme for Government: Our Shared Future contains a commitment to the effect that plebiscites could be held in 2024 in any local authority that wishes to have a directly elected mayor. Demand for a plebiscite will be demonstrated at the request of the local authority or by way of a petition from 20% of registered voters. The general scheme provides for the holding of plebiscites on the issue in other jurisdictions in 2024, alongside the local elections.

As already stated, this general scheme represents a major reform of local government, one of the most significant since the foundation of the State. Having a directly elected mayor will enable the people of Limerick to have a greater say over how services and infrastructure are delivered and how Limerick develops. The new role as set out in this general scheme is a starting point and, in tandem with this legislative process, my officials are engaging with Departments across all of government to seek to identity more powers, including greater financial powers, to be assigned to Limerick over time. I am happy to work with the committee in this process and look forward to constructive discussion on the general scheme presented to it today.