Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I propose to address amendments Nos. 8 and 92, as they have been grouped together for discussion.

Amendment No. 8 proposes to insert new subsections in section 10, which deals with the functions of the mayor. There are seven new subsections proposed and I will speak to each of these in turn.

New subsection (6) proposes that the mayor would have an ambassadorial role in the promotion and delivery of a living wage in business in Limerick. As the Deputy is no doubt in his role of Chair of the Oireachtas Joint Committee on Enterprise, Trade and Employment, the Government has committed to progressing to a national living wage by 2026. This will be achieved via incremental increases to the national minimum wage. As part of budget 2024, the Government agreed to accept the recommendation of the Low Pay Commission to increase the national minimum wage to €12.70 per hour from 1 January 2024. This represents an €1.40 increase, or 12.4%, on the current national minimum wage of €11.30 per hour. This increase shows the Government’s commitment to introducing a national living wage by January 2026. The national minimum wage will be retitled to the national living wage when the threshold of 60% of median wage is reached.

As the national minimum wage has a statutory basis and is the legal minimum wage that must be paid to employees, subject to limited exceptions such as younger workers, family members and apprentices, there should be no need for an ambassadorial role in its promotion and delivery and, therefore, it is not appropriate to include this provision in the Bill.

New subsection (7) proposes that the mayor would have a promotion and delivery role in promoting Limerick as a tourist destination. I acknowledge the intent of the amendment, which is a good one. Through the increased focus on Limerick’s many attractions in recent times, Limerick is taking its rightful place on the national and international stage as a tourist centre. However, I agree that even more work could be done in this area to capitalise on Limerick’s full potential and the mayor will be a key driver of that work. That is why I ensured that this important role is reflected in the Bill. This is something I specifically inserted into the legislation. I am very conscious of it. Under section 32, the mayor will establish a Limerick mayoral advisory and implementation committee. One of the functions of the committee, chaired by the mayor, will be to promote, foster and support economic, touristic, social and cultural activities in Limerick, also including rural areas. I accept the spirit of the Deputy’s amendment but cannot accept it on the basis that it is already reflected in the Bill.

The new subsection (8) proposes the mayor would have a role in organising and chairing the JPC. The Deputy may be aware that the Policing, Security and Community Safety Bill 2023, which is sponsored by my colleague, the Minister for Justice, has completed its passage through this House and is now before Seanad Éireann. Under the provisions of that Bill, joint policing committees are to be stood down next year. I cannot accept an amendment that the new mayor would chair an entity that will shortly be replaced.

More broadly, I am in favour of the mayor having a role in the new local community safety partnerships which will replace JPCs. I understand that the pilot local community safety partnerships in Longford, Waterford and Dublin’s north-east inner city are the subject of an evaluation process. That process aims to support the establishment of partnerships beyond the pilot phase, including the most appropriate procedure to appoint chairs of the partnerships.

I understand that an independent chair has been a significant feature of the pilots. The Department of Justice has asked the evaluators to consider the possibility of elected mayors as partnership chairs, and the evaluation findings are expected shortly. The appointment of chairs is a matter which may be subject to secondary legislation by the Minister for Justice, as provided for in the Policing, Security and Community Safety Bill, and will be informed by the benefit of the final evaluation of the pilot programme. When the plebiscite was put to the people of Limerick in June 2019, it provided that the mayor would chair the JPC. We are following up on that and we are very committed to it.

The new subsection (9) proposes the mayor shall have executive powers in the realm of waste management. The general scheme of the Bill provided that all executive functions provided for under the Waste Management Act 1996 and all executive functions relating to waste and waste management arising from EU legislation, are functions to be retained by the director general. This is, in part, reflected in the Bill and I propose to introduce amendments to Schedule 1 on Report Stage.

We are nearly finalising in terms of the particular areas of legislation that apply to the director general to make complete provision for the operation. I will put on notice that we will bring forward a final amendment on Schedule 1 on Report Stage for the operation of waste management in line with the general scheme. Therefore, I cannot accept this amendment.

The position in the Bill reflects engagement with the Department of Environment, Climate and Communications, which has responsibility for waste policy. The rationale for the approach is that the preparation of a waste management plan is a statutory requirement under EU regulations. While originally this was a reserved function, under the 1996 Act it, became an executive function. Since then, waste management plans have been adopted on regional basis to include the entire country. In 2021, it was agreed that the regions would together prepare one national waste management plan for a circular economy and this plan will be made in quarter one of next year. This successful collaboration has allowed Ireland to continue to satisfy the binding requirements set out in Article 28 of the waste framework directive regarding the production of waste management plans.

New subsection (10) proposes the mayor shall have executive powers for public realm improvements, including disused and unused public spaces. We would like to see more clarity in respect of this amendment's intent and in terms of whether it is proposing a role for the mayor in the implementation of public realm improvements or in the consenting processes. In this regard, I would note a number of general points. The Planning Act does not specify development types regarding "public realm improvement". It does provide that all local authority works are exempt from planning permission. However, certain development types, the thresholds for which are relatively low, require the local authority's own development process under section 179 of the Planning Act and this is a reserved function of the elected members. It is important to note that the mayor is one of those members are well. This Bill does not create new functions relating to development consent nor does it remove reserved functions from the elected members. Therefore, I cannot accept this amendment.

New subsection (11) proposes that the mayor shall have oversight of the implementation of the Limerick regeneration projects and any subsequent regeneration programmes - I know Deputy Quinlivan has a particular interest in this area and has highlighted it in his role as Deputy for the Limerick City constituency - and shall produce an annual report to be delivered to councillors regarding the status of the regeneration programmes. I agree that the mayor will have an important role in the oversight and advancement of regeneration generally in Limerick and that is reflected in this Bill. Under section 32, and this is something I deliberately put into the Bill, the mayor will establish a Limerick mayoral advisory and implementation committee and one of the functions of the committee will be "the coordination in Limerick of measures giving effect to Government policy concerning the regeneration of towns".

Under section 33, the mayor will also chair the Limerick Project Ireland 2040 delivery board, which will focus on implementation of the national planning framework and the national development plan in the Limerick area. One of the functions of the delivery board will include collaborating with bodies involved in "the arrangement, co-ordination and provision of social and economic regeneration measures including the development and improvement of land and infrastructure". Again, while I accept the spirit of the Deputy’s amendment, I cannot accept it on the basis that it duplicates what is already reflected in the Bill.

On a more general note, regeneration projects do not have a separate statutory basis. In Limerick, the Limerick regeneration framework implementation plan is the programme of works setting out the shared vision for stronger communities within regeneration areas. The local strategic advisory and monitoring group oversees the implementation of the plan. This advisory group includes representatives from community and other bodies and is chaired by the chief executive, which will be a role for the mayor going forward so the mayor will be stepping into that position and he or she will have a key role in driving regeneration under this new legislation.

New subsection (12) proposes that the mayor would have a role under section 213 of the Planning Act regarding land acquisition subject to the ratification of Limerick City and County Council. Under the Bill, it is envisaged that the mayor will have a role in the acquisition for the performance of the functions of the local authority. However, under the Planning Act, section 213 is an executive function and does not require a resolution of elected members. As mentioned above, this Bill does not remove, change or create new reserved functions. Therefore, this amendment cannot be accepted.

This flows into what Deputy Leddin put down in amendment No. 92. This is something I looked into in great depth when we were creating the legislation. Regarding DACs, the reporting mechanism is through the CEO. Under this legislation, the reporting mechanism will be to the mayor. This is a significant change. I have gone through this in great depth because I know it is very much a feature of the landscape in terms of the delivery of local government in Limerick. The DAC reports to the CEO and to the elected chamber. The DAC will now report to the mayor and the elected chamber. As former members of Limerick City and County Council, both Deputies will be aware of the significance of that so I can confirm that categorically.

Amendment No. 92 from Deputy Leddin proposes to delete the reference to section 229 of the principal Act from Part 1 of Schedule 1 of the Bill. Section 229 of the principal Act provides that a local authority may enter into a contract relating to its functions and this may be done by the chief executive or an employee nominated by him or her. The inclusion of section 229 in Schedule 1 provides for the director general to be able to enter into contracts relating to the functions that vest in them. I always go back to what was put to the people by plebiscite, which was that certain areas would remain within the remit of the CEO such as staffing, the accounting officer, dealing with individual planning applications and areas like housing. As elected representatives and democrats, members will appreciate that it goes back to what the people voted for. Whatever the people voted for is in the legislation. I would also point out that section 229 is also included in Schedule 3 of the Bill to provide that the mayor may also enter into a contract in the furtherance of executive powers that vest in him or her. The mayor can go forward with the powers vested in him or her and what stays with the CEO is vested in him or her. In essence, as the Bill current stands, both the mayor and director general will be able to enter contracts in the furtherance of their respective functions. I think this is the correct balance and I cannot accept the amendment.

In summary, we believe that what is put forward by Deputies Quinlivan and Leddin is there by way of national legislation or is included in the Bill. Deputy Quinlivan may say it is there in a more general way but it is in the Bill because I was very conscious that we wanted all these areas covered. The DAC itself now reports to the mayor - not the CEO.