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

I thank Deputy McAuliffe for his detailed analysis. To be fair, he is putting work into it. Head 46(4) provides some detail. It states: "The mayor and the director general shall agree a programme of delivery of local authority services following the budget meeting.." It gives the mayor reach in terms of the staffing element. It is codified to a certain extent but in the context of HR matters, we will have to have clearer demarcation lines between the mayor, as the democratically elected executive head, and the executives, as is the case in employment legislation.

The Deputy made a valid point about waste management. We have had discussions about that. Limerick, as a region, was involved in discussions with the Department and was against handing over responsibility in that regard to the directly elected mayor.

We are going to be engaged in a lot of discussion. I would be the first to say that we had a lot of work to do in putting this Bill together and that there are a great deal of discussions still to be had. Such discussions with various other Departments will continue as we try to reach in and take as much devolved power for Limerick as possible. Devolved power is one aspect, another is the statutory consultee aspect. This refers to a requirement to consult the mayor regarding issues affecting County Limerick.

The Deputy has highlighted the issue of removal. We have had a lot of discussion with the Attorney General in connection with this. I can see how difficult the process is. The Deputy has made reference to the risks involved and to how negative connotations could very easily develop. A very high bar must be passed to remove an elected official in this country. The Deputy must accept that. It is a very serious thing. The Constitution underwrites the office of the President and the Supreme Court. That shows the gravity of the removal of any elected official from office. The Attorney General was concerned about the recall mechanism. He suggested the ideas of stated misbehaviour and seriously dysfunctional performance. Those are the two indicators. We have framed it as best we can. At the very outset, three quarters of the full complement of councillors, rather than three quarters of those councillors present, must act. There are very significant safety measures at each step. There is reference to the necessity of appointing a committee. When this committee adjudicates on the mayor's performance or on any allegations made against the mayor, the mayor will have a right to reply as part of the process. That is very important with regard to the direction of travel and the views the committee takes on the matter. It then goes back to the Houses of the Oireachtas.